Coram-non-judice order

When an order is passed by the authority having the power to decide it, but has decided it but has decided it against law, it is without lawful authority — While the order passed by an authority not having the authority under any law is a coram non judice order — The Custodian alone is vested with the authority to make a declaration regarding the character of the property — Under section 3-A and 24 of the AJK Administration of Evacuee Property Act, 1957 is open to revision by the Division Bench of the High Court — The declaration in any case has to be made by the Custodian — It will be without lawful authority if it is against these provisions of law but not coram non judice. Muhammad Riaz & 8 others v. Pervaiz Mehandi & 72 others 2005 SCR 364 (D)
“Coram-non-judice order” — and “order passed without authority” — Distinction — When an order passed by the authority having the power to decide it, but has decided it against law, it is without lawful authority — While the order passed by an authority not having the authority under any law but has even then passed the order, it is a coram-non-judice order — Custodian alone is vested with the authority to make a declaration regarding character of property — Whether the Custodian travelled beyond his authority in declaring property as non-evacuee in the presence of provisions of sections 3-A and 24 of AJ&K Administration of Evacuee Property Act, 1957 is open to revision by High Court — Declaration in any case has to be made by Custodian — It would be without lawful authority if it is against the provisions of law but not coram-non-judice, as is Custodian is alone the authority to pass the order — It can be declared to be without lawful authority or contrary to law not as coram-non-judice. M. Riaz v. Pervaiz Mehandi 2006 SCR 195 (E)