| Citation(s) |
|---|
| 1973 SLD 3059 = 1973 PLD 107 |
Court of Special Judge, Karachi
Suit No. 199 of 1967, decided on 7th March 1972.
Presented By: Ghulam Rasool K. Shaikh,
Mansoor Ahmed Khan for Plaintiff. Fakhruddin for Defendant No. 3.
Suit No. 199 of 1967, decided on 7th March 1972.
Presented By: Ghulam Rasool K. Shaikh,
Mansoor Ahmed Khan for Plaintiff. Fakhruddin for Defendant No. 3.
NATIONAL BANK OF PAKISTAN-Plaintiff
VERSUS
MUHAMMAD MOBIN SIDDIQUI AND 2 OTHERS Defendants
Law:
Section:
(a) Counsel and client- Concession made by counsel on point of law-Not binding on party represented by counsel - Court equally bound to satisfy, itself about soundness and propriety of concession made. Any concession made by a counsel on a point of law is not binding on the party whom he represents and it is equally the duty of the Court to satisfy itself about the sound ness and propriety of the concession so made. (b) Precedents-Binding force of. The common law system consists in applying to new combina tion of circumstances those rules of law which we derive from legal principles and judicial precedents. So it has become an estab lished rule to abide by the precedent, although in a particular case different considerations may prevail. This has been appro priately expressed by G. W. Keetonin in Elementary Principles of Jurisprudence at page 108, "The doctrine of judicial prece dents is by no means a mechanical process and, moreover, the process of resuming by analogy extends to it only with important limitations, which preserve the flexibility of the system, and which permits the Judges continuously to adapt the common law to changing social needs. As in England, the precedents in Pakistan have binding force. To put it in the words of our eminent jurist. Mr. A. K. Brohi in his treatise on Fundamental Laws of Pakistan, p. 595, para. 183: "The autho rity of the precedents in our system of law is commensurate with the status of the tribunal that renders the judgment. The rule is that every Court binds the lower Courts and that some Courts even bind themselves". Mirehouse v. Reunel (1833) 1 C I X F 527 ; G. W. Keetonin's Elementary Principles of Jurisprudence, p. 108 and A. K. Brohi on treatise on Fundamental Laws of Pakistan, p. 595, para. 183 ref. (c) Marine Insurance Act [of England]-History and value of English Statute and decisions. The Insurance Law in England is divided into Marine and non-Marine Law. The Marine Law was the first to develop and its development continued for a long time since 1776 when Lord Mansfield became Lord Chief Justice. His judgments, principally in Marine cases, now form the backbone of English, American and…