1995 PLP 182 (SCMR)
Mst. SHAMIM AKHTAR‑‑‑Petitioner Versus CHIEF ADMINISTRATOR, AUQAF, PUNJAB, LAHORE and 2 others‑‑‑Respondents
| Citation | 1995 PLP 182 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Saad Saood Jan, Actg. CJ., and Manzoor Hussain Sial, J |
| Parties | Mst. SHAMIM AKHTAR‑‑‑Petitioner Versus CHIEF ADMINISTRATOR, AUQAF, PUNJAB, LAHORE and 2 others‑‑‑Respondents |
| Primary Law | West Pakistan Waqf Properties Ordinance (XXVIII of 1961)‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 182 (SCMR)?
This judgment primarily cites: West Pakistan Waqf Properties Ordinance (XXVIII of 1961)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 182 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Actg. CJ., and Manzoor Hussain Sial, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 182 (SCMR) (Mst. SHAMIM AKHTAR‑‑‑Petitioner Versus CHIEF ADMINISTRATOR, AUQAF, PUNJAB, LAHORE and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- G. Haider Alghazali, Advocate instructed by S. Abul Aasim Jafri, Advocate‑on‑Record for Petitioner.
- Riaz Kayani, Advocate Supreme Court and M.A. Qureshi, Advocate on‑Record for Respondents.
- Date of hearing: 8th May, 1994.
Headnotes / Summary
(From the judgment/order of Lahore High Court, Lahore, dated 16‑12‑1992 in FA.O. No. 38 of 1985). ‑‑‑‑S. 7‑‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑‑Declaration of property in question to be Waqf in nature and assumption of its administration and control by Chief Administrator of Auqaf‑‑‑Petitioner's application before District Judge to seek declaration that said property was not Waqf was dismissed being barred by time on 30‑5‑1970‑‑‑Petitioner sought review of the order of District Judge in 1982 which was dismissed on 30‑12‑1982‑‑‑Petitioner filed appeal in High Court on 15‑12‑1984 which too, was dismissed ‑‑‑Validity‑‑ Petitioner apparently had no regard for limitation‑‑‑Petitioner's application, her review application, and appeal before High Court were all barred by time‑‑‑Leave to appeal was refused in circumstances.
Judgment & Decree
SAAD SAOOD JAN, ACTG. C.J.‑‑‑This is a petition for special leave to appeal from the judgment dated 16‑12‑1992 of the Lahore High Court whereby the first appeal against the order of the District Judge, Lahore, was dismissed.
2. The petitioner claims to be an allottee of Property No. S.1 B.IV‑20‑S 12 situate on Hall Road, Lahore. On 7‑10‑1968 the Chief Administrator of Auqaf issued a notification declaring the said property to be waqf in nature and assumed its administration and control. On 24‑2‑1969 the petitioner moved an application before the District Judge to seek a declaration that the said property was not waqf. The application was dismissed on 30‑'5‑1970 on the ground that it was barred by time. In 1982 she moved a review application before the District Judge. It was dismissed on 30‑12‑1982. On 15‑12‑1984 she filed an appeal in the High Court. This too has been dismissed. She now seeks leave to appeal from this Court. 2A. Apparently, the petitioner had no regard for the law of limitation. Her application under section 7 of the Punjab Waqf Properties Ordinance was clearly barred by time. The same was true of her review application and the appeal before the High Court. This is thus not a fit case for interference by this Court. Leave is refused. AA./S‑873/S Leave refused.