Custodian
Custodian legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Power of review available to the Custodian under Ss.18-A & 18-B of Pakistan (Administration of Evacuee Property) Act, 1957 could be exercised only at the time of grant of proprietary rights, but not later on
Such powers were available regardless of time limit
Provisions of S.43(6) of Pakistan (Administration of Evacuee Property) Act, 1957, dealt with the general powers of the Custodian, whereas the, powers available under Ss.18-A & 18-B of the Act, were restricted to be exercised at the time of grant of proprietary rights
Provisions of S.43(6) of Pakistan (Administration of Evacuee Property) Act, 1957, had wisely been kept on statute book so that the Custodian could review his earlier order or even orders of his predecessors, if justice and law would so demand
Powers under S.43(6) were regardless of time limit.
S. 43 - Custodian-Power to make clarification of former order- Clarification attempted, without notice to party likely to be afected, on 30-10-1958, of order dated 29-8-1956, while Custodian had already relinquished charge of office on 31-12-1957Clarification, held, "not valid" Interpretation of order in question
Jurisdiction.
Custodian Custodian-Court-Proceedings in inquiry judicial-Evidence Act, application of-Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 23-Custodian's order based on no evidence-Quashed-S. 23, Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949) empowers the Custodian to examine persons on oath.
"Custodian", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/21800
Precedents & Case Laws citing "Custodian"
P L D 1962 (W
MUHAMMAD BACHAL AND ANOTHER‑Appellants Versus THE CUSTODIAN, EVACUEE PROPERTY, KARACHI (S. Z.) AND OTHERS‑Respondents
Court: (a) Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), Ss. 18 & 36 (4) (5)‑Property declared non‑evacuee by Assistant Custodian and declaration approved by Custodian-- Order of approval, merely administrative‑Succeeding Custodian under S. 36 (4) & (5), has jurisdiction to set aside both declaration and its approval‑Sahibrai v. The Custodian of Evacuee Property, South Zone, West Pakistan, Karachi P L D 1957 S C (Pak.) 63 distinguished.P L D 1967 Supreme Court 294
Syed ALI ABBAS AND OTHERS‑Appellants Versus VISHAN SINGH AND OTHERS‑Respondents
Court:1983 C L C 1254
MASHOOQ ALI AND 3 OTHERS‑Petitioners Versus DANOMAL AND 4 OTHERS‑Respondents
Court: Karachi2003 P L C (C
SARDAR MUHAMMAD AZIM ZIA, CUSTODIAN, EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR` AT MUZAFFARABAD Versus NAZIR AHMED QADRI and 3 others
Court: Supreme Court (AJ&K)P L D 1959 (W
MEWAWAM‑Petitioner Versus CUSTODIAN OF EVACUEE PROPERTY‑Respondents
Court:P L D 1960 (W
GHAZANFAR HUSSAIN‑Petitioner Versus LILARAM‑GHANSHAMDAS AND OTHERS‑Respondents
Court:2001 Y L R 605
JAN MUHAMMAD SHAH and 4 others — Petitioners Versus CUSTODIAN OF EVACUEE PROPERTY, LAHORE and 2 others — Respondents
Court: LahoreP L D 1957 (W
THE PROPERTY AND FINANCE LTD.-Petitioner Versus THE CUSTODIAN OF EVACUEE PROPERTY,
Court:2005 Y L R 568
MUHAMMAD AYUB and 4 others‑‑‑Appellants Versus MUHAMMAD FAZIL and 17 others‑‑‑Respondents
Court: Supreme Court (AJ&K)1980 C L C 593
MUHAMMAD HUSSAIN AND 2 OTHERS-Petitioners Versus CUSTODIAN, EVACUEE PROPERTY (J & K) AND 13 OTHERS —
Court: Azad J & K