1981 PLP 1136 (CLC)
Hafiz FAZAL‑UR‑RAHMAN (THROUGH HIS 7 HEIRS )-‑Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER (JUDICIAL)
| Citation | 1981 PLP 1136 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Hafiz FAZAL‑UR‑RAHMAN (THROUGH HIS 7 HEIRS )-‑Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER (JUDICIAL) |
Q1: What are the key laws and sections cited in 1981 PLP 1136 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1136 (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 1136 (CLC) (Hafiz FAZAL‑UR‑RAHMAN (THROUGH HIS 7 HEIRS )-‑Petitioner Versus ADDITIONAL SETTLEMENT COMMISSIONER (JUDICIAL)). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zafar Alam Khan for Petitioner No. 1.
- Akhtar Mahmud for Respondents Nos. 2 and 3.
Headnotes / Summary
‑‑ S. 21:‑Review‑Permanent Transfer Deed alleged to have been secured fraudulently in respect of a non‑existing property‑Case, held, does not involve cancellation of transfer of property and Settlement authorities not functus officio for reason of P. T. D. having been issued earlier.‑[Review].
Judgment & Decree
(a) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑
‑‑ S. 21:‑Review‑Permanent Transfer Deed alleged to have been secured fraudulently in respect of a non‑existing property‑Case, held, does not involve cancellation of transfer of property and Settlement authorities not functus officio for reason of P. T. D. having been issued earlier.‑[Review]. (b) Displace Persons (Compensation and Rehabilitation) Act (XXVIII of 1958) -- ‑‑ S. 20(1) (5) [as amende4 by Evacuee Property and Displaced Persons Laws (Amendment) Act (LV of 1973) ‑ Revision ‑ Provisions of Ss. 5 & 12, Limitation Act (IX of 1908), held, made applicable to revision for computing period of 15 days referred to in subsection (1) of S. 20.‑--[Revision (civil)]. ‑
‑Limitation Act (XI of 1908), Ss. 5 & 12‑Maxim : Audi alteram partem‑Deputy Settlement Commissioner ‑ passing order affecting rights of respondents without giving notice to them‑Principle of natural justice, namely audi alteram partem, held, infringed. [Maxim]. Zafar Alam Khan for Petitioner No.
1. Akhtar Mahmud for Respondents Nos. 2 and