| Case ID |
738e8ac1-35e8-4f2b-9870-42c80586df5c |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition- No. 1103 of 1965 |
| Decision Date |
May 06, 1980 |
| Hearing Date |
Apr 05, 1980 |
| Decision |
The validity of the order dated 31-12-1964, passed by the Claims Commissioner was challenged through this writ petition. The learned Claims Commissioner ruled that the Compensation Book, a subject of the gift, could not be transferred as it was merely a certificate under the Displaced Persons (Compensation and Rehabilitation) Act, 1958. The ruling emphasized that while the Compensation Book allows for claims, it does not confer any vested rights to the property itself. The court concluded that the Compensation Book could not be the subject of a gift, dismissing the writ petition. |
| Summary |
This case revolves around the interpretation of the Displaced Persons (Compensation and Rehabilitation) Act, 1958, specifically regarding the nature and rights associated with a Compensation Book issued to displaced persons. The Lahore High Court addressed whether a Compensation Book could be gifted, ultimately ruling it could not be, as it does not constitute tangible property or confer vested rights. The ruling underscores the legal distinction between the assertion of rights and actual ownership, which is critical for understanding property rights under the law. This case is significant for displaced persons and their claims for property compensation and rehabilitation, as it clarifies legal interpretations that impact their rights. Keywords: Displaced Persons Act, property rights, Compensation Book, Hiba (gift), Lahore High Court, legal interpretation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Not available
|
| Lawyers |
Ch. Masood Zakria,
Kh. Muhammad Farooq
|
| Petitioners |
Zakiuddin,
Mst. Rehmat Bibi
|
| Respondents |
Noor Muhammad,
2 another
|
| Citations |
1980 SLD 675,
1980 PLD 770
|
| Other Citations |
Sh. Rehmat Ullah v. The Deputy Settlement Commissioner, Centre A, Karachi,
Messrs S. Ali Bakhsh & Sons v. Additional Settlement Commissioner,
Syed Abdur Rashid v. Pakistan through The Secretary, Ministry Refugees and Rehabilitation,
Mian Rafi-ud-Din and 6 others v. The Chief Settlement and Rehabilitation Commissioner
|
| Laws Involved |
Displaced Persons(Compensation and Rehabilitation) Act (XXVIII of 1958),
Muhammadan Law
|
| Sections |
12(2),
2(1),
Hiba
|