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THE VICE CHAIRMAN, EAST PAKISTAN ENEMY PROPERTY MANAGEMENT BOARD — 1970 SCMR 346

Citation: 1970 SCMR 346

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-02

Parties: THE VICE CHAIRMAN, EAST PAKISTAN ENEMY PROPERTY MANAGEMENT BOARD AND 2 OTHERS vs SHAH GHULAM NABI AND 2 Other

Headnotes

Case cited as 1970 SCMR 346

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Abdus Sattar, Mujibur Rahman Khan Title:THE VICE CHAIRMAN, EAST PAKISTAN ENEMY PROPERTY MANAGEMENT BOARD AND 2 OTHERS vs SHAH GHULAM NABI AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 98-D of 1969 Petition No. 261 of 1968 Date of Judgment:1969-12-02 Reported As: 1970 SCMR 346 Result: Leave granted Judgment ORDER M. R. KHAN, J.-The Vice-Chairman, East Pakistan Enemy Property Management Board, Dacca (petitioner No. 1) issued a Notification on the 18th July 1968, under sub-rule (1) of rule 182 of the Defence of Pakistan Rules, declaring that Hanuman Rice and Oil Mills (formerly known as Suihari Rice and Oil Mills) in the District of Dinajpur being an enemy property, the same along with its assets shall vest in the Additional Custodian of Enemy Property in East Pakistan (petitioner No. 2). On the same day, the petitioner No. 2 issued another Notification under paragraph 4 of the Enemy Property (Custody and Registration) Order, 1965, authorizing the Deputy Commissioner of Dinajpur (petitioner No. 3) to take such measures as might be necessary for the preservation of the said mills and to manage and carry on the trade and business of the mills. The validity of these two Notifications was challenged by the respondents herein in a writ petition under Article 98 of the 1962-Constitution in the High Court of East Pakistan. It was stated in the writ petition that Suihari Rice and Oil Mills formerly belonged to one…

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