Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Before Zaffar Hussain Mirza, J
BASHIR AHMED‑Petitioner
versus
SETTLEMENT COMMISSIONER, SIND AND 4 OTHERS ---Respondents
Constitutional Petition No. 18 of 1974, decided on 20th January, 1979.
(a) Displaced Persons (Compensation and Rehabilitation) Act (XIVIII of 1958)‑
S. 2 & Sched. and Permanent Transfer Rules, 1961, rr. 2 & 3 Settlement Authorities after deletion of rr. 6 & 7 of Permanent Transfer Rules, 1961, held, not competent to alter, amend or cancel P. T. D. even on grounds of fraud or misrepresentation‑[Ghiyasuddin v. Iqbal Ahmed P L D 1975 Lab. 780 dissented from].
Ali Muhammad v. Haji Hussain P L D 1975 Kar. 971 fol.
Aminuddin v. Settlement Commissioner and others 1973 S C M R 624 rel.
Muhammad Iqbal Zafar v. State 1977 S C M R 474 ref.
Gulzar Hassan v. Azlzur Rehman P L D 1975 Lab. 401 distinguished.
Ghiyasuddin v. Iqbal Ahmad P L D 1975 Lab. 790 dissented from.
(b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)‑‑
‑‑ S. 21(3) read with Permanent Transfer Rules, 1951, rr. 2 & 3 and Civil Procedure Code (V of 1908), S. 152‑Review‑Power under S. 21(3) of Act‑Limited for correction of clerical or arithmetical mistakes‑Enquiry embarked upon by Settlement Commissioner to determine afresh entitlement to transfer of property in dispute‑Held, unsustainable in any view of matter.‑[Review].
S. A. Jamall for Petitioner.
Respondents Nos. 1 to 3 (absent).
A. R. Mirza for Respondents Nos. 4 and 5.
Date of hearing : 13th January 1979.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer