Mst. FAIZAN vs PAKISTAN THROUGH THE DIRECTOR GENERAL, — 1961 PLD 565

Citation: 1961 PLD 565

Court: Sindh High Court

Year: 1969

Decision Date: 1969-12-01

Parties: Mst. FAIZAN vs PAKISTAN THROUGH THE DIRECTOR GENERAL,

Headnotes

Case cited as PLD 1961 Kar. 565

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title: Mst. FAIZAN vs PAKISTAN THROUGH THE DIRECTOR GENERAL, Case No.: Miscellaneous Application No. 55 of 1969 Date of Judgment:1969-12-01 Reported As: PLD 1970 Karachi 362 Result: Application rejected JUDGMENT JUDGMENT The petitioner in this case has applied to this Court under section 16(3) of the Telegraph Act, 1885 for determination of the compensation payable to her by the respondents for having erected certain telegraphic installations on her lands situated in Malir at Karachi. She has valued this compensation at Rs. 3,78,000. 2. A preliminary objection has been taken by the Government of Pakistan (the respondents) to the jurisdiction of this Court to entertain and hear the petition. The argument is that the application for determination of compensation under section 16(3) of the Telegraph Act lies to the District Judge within whose jurisdiction the property is situated since section 16(3) has named him to be the person who will determine such compensa--petition. It is, therefore, contended that the High Court will have no jurisdiction to entertain the matter. The learned counsel for the petitioner has answered this contention by saying that the District Judge under the Telegraph Act is not a `persona designate' but a Court. And it means the principal civil Court of original jurisdiction for the civil district of Karachi. According to him the principal civil Court of original jurisdiction for Karachi for…

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