| Case ID |
4238d497-8a4f-43a3-8c65-885645e57c13 |
| Body |
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| Case Number |
Civil Appeal No. 22 of 1968 |
| Decision Date |
May 05, 1971 |
| Hearing Date |
May 05, 1970 |
| Decision |
The Supreme Court dismissed the appeal, validating the Claims Commissioner's order despite procedural deficiencies. The Court emphasized that the retrospective effect of the amendment introduced by Ordinance XIII of 1964 allowed the Claims Commissioner to revise orders beyond the prescribed limitation without needing to state his justification explicitly. The appellants' claims were deemed legitimate under the amended law, which superseded previous rulings that required explicit justification for revisions beyond the limitation period. The Court highlighted the power of the Legislature to enact retrospective laws, dismissing the appellants' concerns over vested rights. As a result, the previous verification of claims was upheld, and the appeal was dismissed without costs. |
| Summary |
This case revolves around the interpretation of the Registration of Claims (Displaced Persons) Act (III of 1956) and the powers of the Claims Commissioner. The Supreme Court of Pakistan addressed the retrospective amendments made by Ordinance XIII of 1964, which allowed the Claims Commissioner to exercise suo motu powers to revise decisions beyond the 90-day limit previously established. The Court ruled that the amendments validated actions taken prior to the Ordinance's enactment, emphasizing the Legislature's authority to pass retrospective laws. This decision highlights the balance between legislative powers and the rights of individuals, indicating that procedural missteps could be remedied under new legal frameworks. The ruling ultimately affirmed the Claims Commissioner's authority and dismissed the appeal, reiterating the significance of legislative changes in addressing claims of displaced persons. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
HAMOODUR RAHMAN, C.J.,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD, JJ
|
| Lawyers |
MUHAMMAD ASIF, Senior Advocate Supreme Court instructed by Gulzar Hasan, Advocate-on-Record for Appellants,
HIDAYATULLAH KHAN, Advocate Supreme Court instructed by Mahboob Ahmad, Advocate-on-Record for Respondent No. 1,
CH. MUHAMMAD SADLY, Advocate Supreme Court instructed by Abdur Razzaq, Advocate-on-Record for Respondent No. 2
|
| Petitioners |
MUHAMMAD SHARIF,
MUHAMMAD ISMAIL,
MUHAMMAD IBRAHIM
|
| Respondents |
ANOTHER,
MUHAMMAD SAFED-UZ-ZAMAN
|
| Citations |
1971 SLD 396 = 1971 SCMR 791
|
| Other Citations |
P L D 1964 S C 585,
P L D 1965 S C 269,
Haji Ghulam Zamin and another v. A. B. Khondkar and others (P L D 1965 Dacca 1936),
Muhammad Yusuf v. The Chief Settlement and Rehabilitation Commissioner and another (P L D 1968 S C 101)
|
| Laws Involved |
Registration of Claims (Displaced Persons) Act (III of 1956),
Registration of Claims (Displaced Persons) Rules, 1955,
Displaced Persons Laws Amendment Ordinance (XIII of 1964),
Constitution of Pakistan (1962)
|
| Sections |
7(3),
6(2-A),
3,
2
|