- The legality of an allotment order cannot be gone into by Rehabilitation Commissioner in exercise of review powers which were available to him before the amendment of the relevant laws. It is only the Custodian who can go into the validity of the allotment after issuance of proprietary right and no other authority is competent to re-open the matter. Ghulab Khan & others v. Sardar Muhammad Mumtaz Khan and others 1994 SCR 187 (C)
- The question of legality of allotment can only be gone into by the Custodian in exercise of powers under S. 43 (6) and by no other authority. Ghulab Khan & others v. Sardar Muhammad Mumtaz Khan and others 1994 SCR 187 (D)
- Rehabilitation Commissioner had no authority to consider the validity of allotment of respondent or the entitlement certificate. The allotment order having already merged in the order of transfer of proprietary rights — After the issuance of proprietary rights the only remedy available to an aggrieved person is to invoke the review jurisdiction of the Custodian under S. 43(6) of the Act. Ghulab Khan & others v. Sardar Muhammad Mumtaz Khan and others 1994 SCR 187 (E)
- S. 43 (6) Review by the custodian — Limitation for — Point which is not pressed before the special forum cannot be raised — Cannot be pressed into service by invocking the writ jurisdiction. Muhammad Aslam v. The Custodian Evacuee Property & others 1994 SCR 74 (A)
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