Abdul Hamid v. Malik Karam Dad and 2 others — 1966 PLD 16

Citation: 1966 PLD 16

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-10

Parties: DES DEWAN vs Major NAZIR BEG AND OTHER

Headnotes

In the case relied upon by Mr. Mannan the question before the learned Judges was whether the provisions of the Evidence Act were applicable to proceedings held by an Election Tribunal constituted under the Electoral College Act, 1964 and their Lordships came to the conclusion that as the tribunal in question was empowered to hold a summary inquiry and there was no specific provision authorising it to summon witnesses, the tribunal was a purely administrative tribunal not bound by the technicalities of the Evidence Act.

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq Title: DES DEWAN vs Major NAZIR BEG AND OTHER Case No.: Writ Petitions Nos. 1245 (LHR) and 38 (BWP) of 1967 Date of Judgment:1969-12-10 Reported As: PLD 1970 Lahore 790 Result: Petition partly accepted JUDGMENT JUDGMENT The petitioner Des Dewan obtained an allotment of land in .The border belt of the District of Bahawalnagar on the 12th of November 1958 in lieu of the claim of his father Muhammad A.I who was stated to have died during the Partition disturbances. The allotment was confirmed on the 14th of January 1959 and a mutation of inheritance was sanctioned on the 24th of March. 1960. The Entitlement Certificate in favour of the petitioner's father Muhammad A.I had been issued in 1957. In the Sear 1962 one Jan Muhammad gave a Mukhbri application against the petitioner alleging that the petitioner's father Muhammad A.I: was alive and in possession of his land in Bikaneer State in India and, therefore, the petitioner had obtained land fraudulently and dishonestly. According to the petitioner, an inquiry was made into these allegations, but they were not proved. A second Mukhbri application was filed against the petitioner in 1964 by one Burhan, and that application was also rejected after due inquiry by the Border Committee on the 15th of February 1965: Thereafter a third informant named Ghulam came forward with the same allegations, but did not succeed. There was still another application of the same nature by…

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