| Citation(s) |
|---|
| 2001 SLG 2813 2001 SLD 2813 2001 PLD 437 |
Sindh High Court
Raza Hashmi for Applicant No. 5.
S.A. RABBANI, J
Abdul Hafeez Lakho for Applicants Nos. 1 to 4. Raza Hashmi for Applicant No. 5. Sharafat Ali Khan for the State. Muhammad Anwar Tariq for
Respondent No. 2.
Raza Hashmi for Applicant No. 5.
S.A. RABBANI, J
Abdul Hafeez Lakho for Applicants Nos. 1 to 4. Raza Hashmi for Applicant No. 5. Sharafat Ali Khan for the State. Muhammad Anwar Tariq for
Respondent No. 2.
ARDESHIR HORMUSJI DALAL ZOHARASTRIAN and 4 others--Applicants
VS
THE STATE and another
Law:
Section:
(a) Words-and phrases---- ----------"Subordinate"---Connotation---Ordinary dictionary meanings of "sub-ordinate" are lower in rank or importance etc. or secondary belonging to an inferior order in classification or having a lower position in recognized scale and broad sense, subordinate would mean a lower status. (b) Constitution of Pakistan (1973)--- ----Arts. 201, 202 & 203---Binding nature of decisions of High Court on subordinate Courts---High Court of a Province is the Court that is empowered to make rules and to supervise the subordinate Courts in that Province---High Court of a particular Province cannot supervise and control and also cannot make rules for the subordinate Courts of another Province--Intention of the Constitution-makers, was clear that the "Courts subordinate to it" mentioned in Arts. 201, 202 & 203 of Constitution of Pakistan (1973) referred to the Subordinate Courts in the same Province---Decisions of a High Court are binding on all Courts subordinate to it in the same Province. (c) Constitution of Pakistan (1973)--- ----Arts. 175, 192, 198, 201, 202 & 203---Powers of High Court to make rules to regulate its practice and procedure---Binding nature of decisions of High Court on subordinate Courts---Constitution envisages a High Court as one Court and does not recognize individual Benches of High Court at one seat---Bench of a High Court recognized by the Constitution, is within the meanings of a seat of the Court other than Principal Seat---High Court may have a Bench at a place other than the Principal Seat---High Court can make rules to regulate its practice and procedure and under such rules Benches of High Court can be formed at one Seat, but the concept of various degrees of strength of decisions of such Benches as to their binding effect, depending upon the number of Judges in a Bench, would be in conflict with the Constitutional concept of High Court being one Court---Decision of a Bench of a High Court, irrespective of the number of Judges in the Bench is a decision of the High Court for all purposes---Ruling of the Sindh High Court being binding on the subordinate Courts in Sindh, even Single Bench ruling of Sindh…
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