| Case ID |
43dcdb69-4958-4c5c-9e42-38f470b10a5c |
| Body |
View case body. Login to View |
| Case Number |
Civil Appeal No. 92 of 1966 |
| Decision Date |
May 20, 1968 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the appeal, concluding that the Chief Settlement Commissioner acted beyond his legal competence by approving the sale of the Mela Ram Building without conducting an unrestricted public auction, as mandated under the Displaced Persons (Compensation and Rehabilitation) Act. The court held that the acceptance of the joint offer by the appellants was invalid, and the auction proceedings were not properly concluded. The judgment emphasized the necessity of adhering to established procedures for the transfer of big mansions, reinforcing the importance of legal compliance in public auctions. |
| Summary |
In the case of Civil Appeal No. 92 of 1966, the Supreme Court of Pakistan addressed the legality of the Chief Settlement Commissioner's approval of the sale of the Mela Ram Building. The case involved multiple petitioners and respondents, highlighting issues related to public auctions and legal competence under the Displaced Persons (Compensation and Rehabilitation) Act. The court's decision underscored the importance of following proper procedures for property sales, especially in cases involving significant assets like big mansions. The ruling serves as a precedent in ensuring compliance with legislative requirements in property transactions, particularly in the context of displaced persons' compensation. The court's dismissal of the appeal reaffirmed the necessity of transparency and legality in governmental property dealings. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
S. A. RAHMAN, C.J.,
FAZLEAKBAR,
HAMOODUR RAHMAN,
MUHAMMAD YAQUB ALI,
SAJJAD AHMAD
|
| Lawyers |
Ishaq Muhammad Khan, Settlement Commissioner (Legal) instructed by Iftikharuddin Ahmad, Attorney No. 1,
Mahboob Elahi, Advocate Supreme Court instructed by Nasimul Haq Amjad, Attorney No. 2,
Mahmud Ali Kasuri, Senior Advocate Supreme Court instructed by M. D. Chaudhury, Attorney for Appellants Nos. 1-14,
M. B. Zaman, Senior Advocate Supreme Court instructed by M. D. Chaudhury, Attorney for Appellants Nos. 15-20
|
| Petitioners |
NAZIR AHMAD,
RAHIM BAKHSH,
MUHAMMAD,
NOOR MUHAMMAD BUTT,
Haji 1STAFA KHAN,
REHMAT BIBI,
Shah MUHAMMAD HUSSAIN,
HANIF KHATOON,
JAMIL AHMAD SIDDIQI,
MASITULLAH KHAN,
AZIM DIN MUHAMMAD TAYYAB,
ATIQA BEGUM,
NAWAB HUSSAIN,
Moulvi SHABIR ALI,
THOMAS JANDA,
MRS. MARY JANDA,
JANDA RUBBER WORKS LTD.,
UNIVERSAL RUBBER WORKS, LAHORE,
PRAGUE CHEMICAL AND PHARMACEUTICAL WORKS LTD.,
JANDA CHEMICAL PHARMACEUTICAL WORKS LTD.
|
| Respondents |
THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, LAHORE,
MR. S. A. BARY,
Mst. ZAITOON KHATOON
|
| Citations |
1968 SLD 118,
1968 PLD 336
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1962),
Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)
|
| Sections |
Art. 58(3),
S. 10,
S. 71
|