1998 PLP 505 (SCMR)
Mst. SHAKIRA SULTANA and 3 others‑‑‑Petitioners Versus PAKISTAN RANGERS, LAHORE and 7 others‑‑‑Respondent
| Citation | 1998 PLP 505 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saiduzzaman Siddiqui and Fazal Karim, JJ |
| Parties | Mst. SHAKIRA SULTANA and 3 others‑‑‑Petitioners Versus PAKISTAN RANGERS, LAHORE and 7 others‑‑‑Respondent |
| Primary Law | Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ |
Q1: What are the key laws and sections cited in 1998 PLP 505 (SCMR)?
This judgment primarily cites: Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP 505 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saiduzzaman Siddiqui and Fazal Karim, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP 505 (SCMR) (Mst. SHAKIRA SULTANA and 3 others‑‑‑Petitioners Versus PAKISTAN RANGERS, LAHORE and 7 others‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hamid Khan, Advocate Supreme Court for Petitioners.
- Nemo for Respondents.
- Date of hearing: 13th November, 1995
Headnotes / Summary
(On appeal from the judgment of Lahore High Court, dated 6‑12‑1993 passed in Writ Petition No.28‑R of 1979). ‑‑‑‑S. 2(2)‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Remand of case by High Court to Board of Revenue for fresh decision in accordance with law‑‑ Validity‑‑‑Leave to appeal was granted to consider petitioner's plea that High Court, while remanding case to Board of Revenue, had failed to take into consideration that application filed by respondent for re‑opening of case was made on 30‑10‑1974 after repeal of evacuee laws by Act XIV of 1975 which was deemed to have come into effect on 1‑7‑1974 and that application filed by respondent before Settlement Authority, therefore, could not be treated as pending case within scope of S.2 of Act XIV of 1975 so as to give jurisdiction to Board of Revenue to re‑open that case.
Judgment & Decree
SAIDUZZAMAN SIDDIQUI, J.
The petitioners are seeking leave ,to appeal against the judgment of a learned Judge in Chambers of Lahore High Court dated 6-12-1993 whereby the learned Judge accepted Writ Petition No.28-R of 1979 and remanded the case to the Board of Revenue/Chief Settlement Commissioner for entrusting the case to notified officer for fresh decision in accordance with the law. The learned counsel for the petitioners in seeking leave to appeal contended that the learned Judge while remanding the case to the Board of Revenue/Chief Settlement Commissioner failed to take into consideration that the application filed by respondent No.1 for reopening of the case was made on 30-10-1974 after the repeal of Displaced Persons (Compensation and Rehabilitation) Act 1958 by Act XIV of 1975 which came into effect on 1-7-1974. The application filed by respondent No. l before the Settlement Authority, therefore, could not be treated as a pending case within the scope of section 2 of the Act XIV of 1975 so as to give jurisdiction to the Board of A Revenue to reopen the case. The contention raised by the learned counsel requires examination and we, accordingly, grant leave to appeal to consider the same. The parties are directed to maintain status quo until decision of the appeal. A.A./S-1050/S Leave granted.