CLC 1981

1981 PLP 1308 (CLC)

SAMO AND 5 OTHERS‑Petitioners Versus THE OFFICER ON SPECIAL DUTY, FEDERAL

Jurisdiction / Court
Karachi
Decided Date
1979-May-23
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 1308 (CLC)
Forum / Court Karachi
Bench Members N/A
Parties SAMO AND 5 OTHERS‑Petitioners Versus THE OFFICER ON SPECIAL DUTY, FEDERAL
Primary Law (a) Land Reforms Regulation, 1972 [M. L. R. 115], (b) Land Reforms Regulation, 1972 [M. L. R. 115], (c) Muhammadan Law‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 1308 (CLC)?

This judgment primarily cites: (a) Land Reforms Regulation, 1972 [M. L. R. 115], (b) Land Reforms Regulation, 1972 [M. L. R. 115], (c) Muhammadan Law‑ as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 1308 (CLC)?

The case was heard and decided by the Karachi bench comprising: N/A.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 1308 (CLC) (SAMO AND 5 OTHERS‑Petitioners Versus THE OFFICER ON SPECIAL DUTY, FEDERAL). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

(a) Land Reforms Regulation, 1972 [M. L. R. 115] (b) Land Reforms Regulation, 1972 [M. L. R. 115] (c) Muhammadan Law‑

Representation

  • Imam Ali Kazi for Petitioner
  • Mr. Hosnain for Respondents.

Headnotes / Summary

Gift‑‑Father making gift in favour of minors‑‑Transfer of posses sion, held, not necessary‑Donor willingly obtaining mutation of entries in favour of donees Absence of any record regarding acceptance of gift by major donee in circumstances, held, immaterial.

Judgment & Decree

‑‑ Para. 29‑Contention that Federal Land Commission not authority as contemplated in para. 29 to authorise any person to exercise power thereunder, held, misconceived‑Basically such powers conferred on Federal Government, who may authorise any person to exercise same‑Powers under para. 29 could only be exercised by Chairman and Member of Federal Land Commission as authorised person Additional Chief Land Commissioner, as such, held, not exercises powers under para. 29 and argument that powers of O. S. D. under para. 29 stood exhausted, not correct. (b) Land Reforms Regulation, 1972 [M. L. R. 115]

‑‑‑ Para. 7(l). Explanation III‑Consideration for transaction‑Mere fact that consideration for transaction may appear to be inadequate-- Cannot be sole basis for rejecting a transaction as not bona file‑Commission on other consideration mentioned in Explanation III, finding transaction bona fide‑Not under any obligation to reject same Transaction a Registered Sale Deed, mutation effected before crucial date and transferee found in effective possession and management of property and paying land revenue‑‑Jurisdiction, held, not exercised arbitrarily in circumstances of case. (c) Muhammadan Law

Gift‑‑Father making gift in favour of minors‑‑Transfer of posses sion, held, not necessary‑Donor willingly obtaining mutation of entries in favour of donees Absence of any record regarding acceptance of gift by major donee in circumstances, held, immaterial. Ali Ahmed v. Government of Sind P L D 1976 Kar. 316 rel. Imam Ali Kazi for Petitioner Mr. Hosnain for Respondents. Date of hearing : 13th May, 1979.