1990 PLP 922 (SCMR)
N/A
| Citation | 1990 PLP 922 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Dr. Nasim Hasan Shah and Zaffar Hussain Mirza, JJ |
| Parties | N/A |
| Primary Law | Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑ |
Q1: What are the key laws and sections cited in 1990 PLP 922 (SCMR)?
This judgment primarily cites: Displaced Persons (Land Settlement) Act (XLVII of 1958)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 922 (SCMR)?
The case was heard and decided by the High Court bench comprising: Dr. Nasim Hasan Shah and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 922 (SCMR) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- S. Shahenshah Hussain, Advocate Supreme Court and Faizanul Haq, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 20th September, 1989.
Headnotes / Summary
(On appeal from the judgment dated 16‑4‑1989 of the High Court of Sindh Circuit Bench Hyderabad in Civil Revn. Appln. No. 20 of 1989). ‑‑‑S.10‑__Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975), S.2‑‑‑Suit for declaration and injunction that order of Settlement Authority. cancelling allotment of land of petitioner was void, having been passed after the repeal of Act XLVII of 1958‑‑‑High Court's finding was that such suit was not maintainable‑‑‑Leave to appeal was granted because prima facie such finding of High Court was not sustainable as per law laid down by Supreme Court in Abdul Rauf s case reported as P L D 1965 S C 671; and Mian Muhammad Latif s case reported as P L D 1970 SC
180. Abdul Rauf and others v. Abdul Hamid Khan and others P L D 1965 S C 671 and Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another P L D 1970 S C 180 for.
Judgment & Decree
Nemo for Respondents. Date of hearing: 20th September, 1989. DR.NASIM HASAN SHAH, J.‑‑In a suit Geld before the Civil Court for a declaration and injunction to 'the effect that the order passed by a Settlement Authority canceling the allotment of land of the petitioners, by a Settlement and Rehabilitation Authority was void because it was passed after the repeal of the Displaced Persons (Land Settlement) Act, 1958 by the Evacuee Property and Displaced Persons Laws (Repeal) Act of 1975 . , it has been held by the Hi Court that such a suit is not maintainable. Hence this petition for leave to appeal. This finding prima facie, is not sustainable in view of this Court's judgments in Abdul Rauf and others v. Abdul Hamid Khan and others P L D 1965 S C 671 and Mian Muhammad Latif v. Province of West Pakistan through the Deputy Commissioner, Khairpur and another P L D 1970 S C
180. Leave granted. Security Rs. 5,
000. The appeal shall be made ready on the present record with liberty to the ;,arties to add further documents, if any and placed for hearing at an early date. The interim order dated 20‑6‑1989 is confirmed. A./M‑1314/S Leave granted.