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ABDUL SATTAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss — 2024 CLC 2108 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2024 CLC 2108 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2024
Reporter
CLC
Parties
ABDUL SATTAR vs SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss
Subject matter
Constitutional
Provisions referred to
S. 10

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

ABDUL SATTAR VS SECRETARY, MINISTRY OF RELIGIOUS AFFAIRS AND INTERFAITH HARMONY, ISLAMABAD Ss.8 & 10---Evacuee trust property---Declaration of property as evacuee trust property only on the basis of reference filed by Evacuee Trust Property Board and reply thereto by the petitioner without recording evidence of both sides---Legality---Decision of the Chairman Evacuee Trust Property Board concluding that the property in question was an evacuee trust property was solely based on a reference and its reply---Entries in the revenue record, allegedly based on a will, were considered a primary reason for the impugned decision, however, the absence of the attached will to establish the property's religious, educational, or charitable nature weakened the claim---Petitioner's claim that the property was acquired through a public auction was deemed significant, as S.10 of the Evacuee Trust Properties (Management and Disposal) Act, 1975, provided prima facie protection for bona fide transfers made by authority against verified claims---Both parties were entitled to a fair opportunity to establish their respective stances regarding the property's status, whether it was an evacuee trust property or an evacuee property---Impugned orders were set aside, and the case was remanded to the Chairman Evacuee Trust Property Board for further proceedings to decide the issues involved---Constitutional petition was disposed of, in circumstances.

Other judgments reported in 2024 CLC

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