| Case ID |
e8cda642-cd20-420b-8817-d786cad737e8 |
| Body |
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| Case Number |
Civil Appeal No. 70 of 1959 |
| Decision Date |
Nov 09, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal of Khan Bahadur A. G. Khan and set aside the High Court's decision. The Court found that the writ of mandamus issued by the High Court was not justified as it had not been applied for in the terms granted and was unnecessary. The court emphasized that the prerogative writs are not a means to recover damages for actionable wrongs and that intricate questions of fact and law should be decided in a civil suit rather than through a writ. The Court directed that the Government must take proceedings afresh, but it highlighted that the petitioners lacked the qualification of 'owners' under the relevant Ordinance and therefore could not claim compensation. The Court ordered costs against the petitioner-respondents throughout. |
| Summary |
This case revolves around the appeal by Khan Bahadur A. G. Khan against the decision of the High Court of West Pakistan regarding a writ of mandamus sought by the petitioners, Shujauddin Qureshi and others. The petitioners claimed compensation for the requisitioning of the Murree Club Hotel owned by Khan under the Punjab Requisitioning of Immovable Property Ordinance. The Supreme Court ruled that the High Court's issuance of the writ was inappropriate and emphasized that such matters involving intricate legal and factual questions should be resolved through civil suits rather than writ proceedings. The decision clarifies the limitations of prerogative writs in compensation claims and reinforces the necessity for proper legal channels in such cases. Key legal principles from the Constitution of Pakistan, the Government of India Act, and relevant ordinances are discussed, making this case significant in understanding property rights and government requisitioning powers. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
AMIRUDDIN AHMAD,
FAZLE AKBAR, JJ
|
| Lawyers |
Mahmud Ali, Senior Advocate Supreme Court,
Ehsanul Hague, Advocate Supreme Court,
Mahboob Elahi, Advocate Supreme Court,
Abdul Hague, Advocate Supreme Court,
Abdul Rashid, Advocate Supreme Court
|
| Petitioners |
Ikramul Haque,
Mirajuddin Qureshi,
SHUJAUDDIN QURESHI
|
| Respondents |
Khan Bahadur A. G. KHAN
|
| Citations |
1961 SLD 292,
1961 PLD 1
|
| Other Citations |
Not available
|
| Laws Involved |
Government of India Act, 1935,
Punjab Requisitioning of Immovable Property (Temporary Powers) Ordinance, 1955,
Constitution of Pakistan (1956)
|
| Sections |
6,
170,
299
|