PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

AUQAF DEPARTMENT through Chief Administrator Auqaf vs MUHAMMAD JAVED Ss — 2022 MLD 1987 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation
2022 MLD 1987 SUPREME-COURT-AZAD-KASHMIR
Court
Supreme Court of Pakistan
Year
2022
Reporter
MLD
Parties
AUQAF DEPARTMENT through Chief Administrator Auqaf vs MUHAMMAD JAVED Ss
Provisions referred to
S. 6; S. 7

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AUQAF DEPARTMENT through Chief Administrator Auqaf VS MUHAMMAD JAVED Ss.7 & 6---administrator may take over Waqf property by notification---Petition to District Court against notification---Scope---Respondents were aggrieved of a notification issued by auqaf department under S.6 of the azad Jammu and Kashmir Waqf Properties act, 1960 whereby property of a shrine was taken over by the department and a mutation was also entered in department's favour---Respondents filed a petition before the Reference Judge---Validity---Reference Judge/District Judge had conducted all the proceedings of the case i.e. framing of issues, recording of evidence, hearing of arguments and delivering of judgment in the light of the provisions of Land acquisition act, 1894, in the capacity of a Reference Judge---Reference application was not a petition under S.7 of the azad Jammu and Kashmir Waqf Properties act, 1960---Same was not a mere case of wrong pleadings or nomenclature of the Court---Proceedings conducted by the Reference Judge were declared to be null and void---Case was remanded to the District Judge to conduct de novo trial. Head NotesCase Description

Other judgments reported in 2022 MLD

Back to the case-law library · Search Pakistani case law in Urdu or English