h1

P L D 1966 LAHORE 900

ZAFAR ALI AND ANOTHER

V/S

CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER
AND ANOTHER

Frame (1)

PER: INAMULLAH, C.J AND MOHAMMAD GHANI, J.

(a) Constitution of Pakistan (1962), Art. 29
Constitution of Pakistan (1973), Art. 86

President has power to give retrospective effect by an Ordinance to a provision of law—Displaced Persons Laws Amendment Ordinance (XVIII of 1965). [p.901]A

Mir Ahmad Nawaz Khan Bugti v. Supdt., District Jail Lyallpur P L D 1964 Lah. 202; United Province v. Mst. Atiqa Begum and others A I R 1941 F C 16 and Khaliq & Najam Co. v. Sales-tax Officer, B-Ward, Lahore and another P L D 1959 Lah. 915 rel.
(b) Constitution of Pakistan (1962), Art. 98
Constitution of Pakistan (1973), Art. 199
Point, primarily one of fact, not taken before Settlement Authorities—Cannot be gone into by High Court. [p. 901] C

In the second place it was contended by the learned Advocate that Nawab Din had not filed any form for the transfer of the shop. The learned Single Judge rightly held that this point having not been urged before the Settlement Authorities he point having not been urged before the Settlement Authorities he was not inclined to go into this question; which is primarily one of fact. (p. 901)C

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