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NIAZ MOHAMMAD (DECEASED) vs UMER KHAYAM Preamble — 2022 PCrLJN 14 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PCrLJN 14 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Parties
NIAZ MOHAMMAD (DECEASED) vs UMER KHAYAM Preamble
Subject matter
Civil
Provisions referred to
Illegal Dispossession Act

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

NIAZ MOHAMMAD (DECEASED) VS UMER KHAYAM Preamble---Retrospective effect of Illegal Dispossession Act, 2005---Scope---Complaint filed under Illegal Dispossession Act, 2005 was dismissed by Trial Court on the ground that the alleged incident took place prior of promulgation of Illegal Dispossession Act, 2005 and that Illegal Dispossession Act, 2005 could not be given retrospective effect---Validity---Held; where an incident of illegal dispossession took place before the promulgation of the Illegal Dispossession Act, 2005, but no case against illegal occupant was pending before any other forum at the time of promulgation of Illegal Dispossession Act, 2005, then the Act would apply against such illegal occupant---Where case against illegal occupant was already pending before any forum, prior to promulgation of Illegal Dispossession Act, 2005, then Illegal Dispossession Act, 2005 would not apply.

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