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SARDAR NOOR MUHAMMAD KHAN BIJARANI versus FEDERAL LAND COMMISSION


Para 7 Constitution of Pakistan (1973), Arts 24 and 185 (3) Gifts, the request of the High Court verifying the decision was made by the applicant that the gift transaction in favor of his grandson was completed in all respects. And was approved by the Chief Land Commissioner in accordance with its 18 19 1960 order. That the MLR 115, which was enacted in 1972, cannot be given the same effect as to affect past and closed transactions. That the amendment to paragraph 7 of the MLR 115 of 1972 was merely a breach of the Shi'ite law of inheritance to the heirs according to which the grandfather was an heir during his father's life. That the Federal Land Commissioner's orders invalidate the gift in favor of the grandson, as well as the High Court's decision, violated the fundamental right of the applicants under Article 24 of the Constitution to govern an individual by faith. Is guaranteed. He claimed that, in view of the proportion of the decision (1992 SCMR 563), the affected party could obtain appropriate remedial measures and, after review, could take steps to redress its fundamental rights. And lastly, that the forums under the Land Reforms Act and MLR 115 were not properly constituted as appealed under the High Court's Leave Directive, among other questions / issues. Will be considered.

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