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Latest Judgments (All Jurisdictions within Pakistan)

ASAD MUMTAZ ALI OTHERSS VS CH ALI AHMAD SETTLEMENT COMMISSIONER WEST PAKISTAN LAHORE

Citation: 2002 MLD 574

Case No: WP No. 672-R/1969

Judgment Date: 06-07-2001

Jurisdiction: Lahore High Court

Judge: Justice Syed Zahid Hussain

Summary: Summary pending.

RABOO VS THE STATE

Citation: 2002 MLD 76

Case No: CRIMINAL JAIL APPEAL No. 1/1998

Judgment Date: 06-07-2001

Jurisdiction: Sindh High Court

Judge: Justice Faiz Muhammad Qureshi

Summary: Summary pending.

AHMAD SAEE VS THE STATE

Citation: PLD 2002 Rev 2591

Case No: R. O. R. No. 1205/2000

Judgment Date: 06-07-2001

Jurisdiction: Board of Revenue

Judge: Justice Aitzaz

Summary: (a) Colonization of Government Lands (Punjab) Act, 1912: ----Ss. 10, 24, 30, 32 & 34 Illegal occupation—Ejectment proceedings—Sub-tenant’s claim for proprietary rights—Principles. Petitioner was found to be an illegal occupant of government land measuring 26 Kanals and 16 Marlas. Ejectment proceedings were initiated under Ss. 32 & 34 of the Colonization of Government Lands (Punjab) Act, 1912. Petitioner contended that he was a sub-tenant under one Noor Muhammad and thus entitled to proprietary rights. However, there was no record to substantiate his claim as a sub-tenant under the original allottee. Under the law, sub-tenants may only be considered for land allotment if their possession originates from a date relevant to the eligibility criteria prescribed in the applicable scheme. Mere occupation of land does not confer sub-tenant status, particularly where such possession exceeds the rights of the original allottee. A sub-tenant’s entitlement, where recognized, remains secondary to that of the original tenant, and an illegal occupant cannot claim substitution as a sub-tenant. (b) Administration of Justice: ----Right to be heard—Procedural fairness—Effect of non-issuance of notice under S. 24 of the Colonization of Government Lands (Punjab) Act, 1912. Petitioner argued that the ejectment order was unlawful as no notice was issued under S. 24 of the Act, denying him an opportunity of being heard. However, given the finding that the petitioner was an illegal occupant without any recognized tenancy rights, failure to issue a formal notice did not affect the merits of the case. The fundamental principle remains that procedural technicalities do not override substantive rights where the occupant has no lawful claim. (c) Disposition: The Additional Commissioner (Revenue), Faisalabad Division, correctly dismissed the petitioner’s appeal, upholding the ejectment order. No legal grounds existed to interfere with the findings of the lower authority. Revision petition was rejected accordingly.

TALIB ALIAS ATTAULLAH VS THE STATE

Citation: 2002 YLR 610

Case No: CRIMINAL BAIL APPLICATION No. 358/2001

Judgment Date: 06-07-2001

Jurisdiction: Sindh High Court

Judge: Justice Muhammad Afzal Soomro

Summary: Summary pending.

TALIB ALIAS ATTAULLAH VS THE STATE

Citation: 2002 SBLR 913

Case No: CRL. BAIL APPLICATION No. 358/2001

Judgment Date: 06-07-2001

Jurisdiction: Sindh High Court

Judge: Justice Muhammad Afzal Soomro

Summary: Summary pending.

MOHSIN NAZIR BURKI EXTRA ASSISTANT COMMISSIONER VS GOVERNMENT OF THE PUNJAB THROUGH CHIEF SECRETARY OTHERS

Citation: 2002 PCrLJ 502

Case No: CP No. 2237-L/2001

Judgment Date: 06-07-2001

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Abdur Rahman Khan

Summary: Summary pending.

ABDUL HAQ ALIAS MIRZA VS THE STATE

Citation: 2002 PCrLJ 1989

Case No: CrM No. 2790/B/2001

Judgment Date: 06-07-2001

Jurisdiction: Lahore High Court

Judge: Justice Kh Imtiaz Ahmadalil

Summary: Summary pending.

MUHAMMAD SIDDIQUE VS AHMED BAKHSH

Citation: 2002 PSC 174

Case No: CP No. 1629-L/1999

Judgment Date: 06-07-2001

Jurisdiction: Supreme Court of Pakistan

Judge: Justice Abdur Rahman Khan

Summary: Summary pending.

M ADIL HAY AT KHAN VS GOVERNMENT OF SINDH

Citation: PLD 2002 Sindh 131, PLD 2002 SHC 131

Case No: CP No. D-1611/2000

Judgment Date: 06-07-2001

Jurisdiction: Sindh High Court

Judge: Justice S

Summary: Summary pending.

KHAWAS KHAN OTHERSS VS GOVERNMENT OF N WFP THROUGH SECRETARY FOR LOCAL BODIES RURAL DEVELOPMENT DEPARTMENT PESHAWAR

Citation: 2003 CLC 817

Case No: WP No. 151/2001

Judgment Date: 05-07-2001

Jurisdiction: Peshawar High Court

Judge: Justice Ijaz

Summary: Summary pending.

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