2025 CLC 1875 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2025 CLC 1875 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2025
Reporter: CLC
Subject matter: Criminal
Provisions referred to: S. 8---E; S. 8

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

Citation Name: 2025 CLC 1875 KARACHI-HIGH-COURT-SINDHBookmark this Case CHIEF COMMISSIONER INLAND REVENUE CORPORATE TAX OFFICE-FBR VS FEDERAL SECRETARY / REVISIONAL AUTHORITY MINISTRY OF ELIGIOUS AFFAIRS AND INTERFAITH HARMONY-ISLAMABAD S. 8---Evacuee Trust Property---Declaration of status---Determinative factors enumerated---Exercise of authority by Chairman, ETP Board---Powers and validity of actions---Scope---Under S. 8 of the Evacuee Trust Properties (Management and Disposal) Act, 1975 the Chairman Evacuee Trust Property Board has the power to decide whether any evacuee property is attached to a charitable, religious trust or institution---However, a property cannot be simply declared as evacuee trust without failing to provide any cogent reasoning for reaching such a conclusion---Moreover, where the property sought to be declared as evacuee trust, has already undergone successive transfers and lately vests in a third party pursuant to confirmation of approval by the Custodian, then the order declaring that property as evacuee trust property has to validly explain the reasoning for overturning the decision of Custodian who confirmed and validated the prior transfer---Evacuee trust authorities cannot presume that the property is automatically an evacuee trust property by simply stating it to be a 'Mandir" property---Cogent evidence has to be brought on record by the evacuee trust authorities in order to substantiate the stance that a property is an evacuee trust property.

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