1981 PLP 1510 (CLC)
MUHAMMAD IDREES KHAN‑‑Petitioner Versus SETTLEMENT COMMISSIONER, HYDERABAD
| Citation | 1981 PLP 1510 (CLC) |
| Forum / Court | Karachi |
| Bench Members | B. G. N. Kazi, J |
| Parties | MUHAMMAD IDREES KHAN‑‑Petitioner Versus SETTLEMENT COMMISSIONER, HYDERABAD |
| Primary Law | (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), (b) Permanent Transfer (Houses gad Shops) Rules, 1961‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1510 (CLC)?
This judgment primarily cites: (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), (b) Permanent Transfer (Houses gad Shops) Rules, 1961‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1510 (CLC)?
The case was heard and decided by the Karachi bench comprising: B. G. N. Kazi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1510 (CLC) (MUHAMMAD IDREES KHAN‑‑Petitioner Versus SETTLEMENT COMMISSIONER, HYDERABAD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ismail Munshi for Petitioner.
- S. A. Jamali for Respondents Nos'. 2 and 3.
- Dates of hearing : 19th, 24th November and 15th December, 1979.
Headnotes / Summary
(a) Displaced Persons (Compensation anti Rehabilitation) Act (XXVIII of 1958)‑‑ ‑‑‑ Sched., Part II read with Permanent Transfer (Houses and Shops) Rules, 1961. rr. 6 & 7 (since deleted)‑‑Demarcation of transferred property‑Areas of two adjacent shops not mentioned in P. T. Ds.‑‑ Demarcation and mentioning areas in P. T. D., amounting to deciding adversely to one or other party‑Such exercise, held, cannot be undertaken without proper inquiry into rights of parties based on facts. S. Anwar Hussain Sani v. Sarfraz Ahmed and 2 others P L D 1971 S C 669 ref'. ‑‑ Rr. 6 & 7 (since deleted)‑‑Rectification through demarca tion‑Cannot be done without holding proper inquiry or undertaking adverse proceedings‑Holding of formal inquiry being no longer permissible after deletion of rr. 6 and 7 no power, held, available to Settlement Authorities to amend or correct P. T. Ds. Ali Muhammad v. Haji Hasan and 2 others P L D 1975 Kar.1971 ref. ‑‑‑ S. 22‑‑‑Finality of order based on void order‑‑Order of D. S. C. regarding demarcation of area of transferred property being void ab initio, subsequent orders based on such order, held, of no effect.
Judgment & Decree
‑‑‑ Sched., Part II read with Permanent Transfer (Houses and Shops) Rules, 1961. rr. 6 & 7 (since deleted)‑‑Demarcation of transferred property‑Areas of two adjacent shops not mentioned in P. T. Ds.‑‑ Demarcation and mentioning areas in P. T. D., amounting to deciding adversely to one or other party‑Such exercise, held, cannot be undertaken without proper inquiry into rights of parties based on facts. S. Anwar Hussain Sani v. Sarfraz Ahmed and 2 others P L D 1971 S C 669 ref'. (b) Permanent Transfer (Houses gad Shops) Rules, 1961‑
‑‑ Rr. 6 & 7 (since deleted)‑‑Rectification through demarca tion‑Cannot be done without holding proper inquiry or undertaking adverse proceedings‑Holding of formal inquiry being no longer permissible after deletion of rr. 6 and 7 no power, held, available to Settlement Authorities to amend or correct P. T. Ds. Ali Muhammad v. Haji Hasan and 2 others P L D 1975 Kar.1971 ref. (c) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)-- ‑‑‑ S. 22‑‑‑Finality of order based on void order‑‑Order of D. S. C. regarding demarcation of area of transferred property being void ab initio, subsequent orders based on such order, held, of no effect. Ismail Munshi for Petitioner. S. A. Jamali for Respondents Nos'. 2 and
3. Dates of hearing : 19th, 24th November and 15th December, 1979.