Law:

Section:

(a) Constitution of Paki tan (1973) Arts. 189 & 201 Decision of Supreme Court Binding effect as precedent Principles stated. By virtue of provisions contained in Article 189 of the Constitution, any decision of Supreme Court to the extent that it decides a question of law or is based upon or enunciates a principle of law, shall be binding on all other Courts in Pakistan. Thus, the law declared by Supreme Court becomes the law of land and is binding on all Courts and all other forums. It is the duty of every authority, whether judicial or otherwise to give effect to the law laid down by Supreme Court. Apart from the Constitutional obligation imposed upon Courts, even the propriety demands that all the Courts including High Court must follow the law laid down by Supreme Court without any hesitation. (b) Constitution of Pakistan (1973) Arts. 185, 189 & 201 Decision of Supreme Court ¬Jurisdiction of High Court to interpret such decision ¬Scope Where Supreme Court did not express final opinion on question at issue in appeal, but opinion expressed was tentative, then it would be open to High Court to interpret the law itself. Afaquz Zubair v. Muhammad Idris PLD 1978 Kar. 984 fol. (c) Constitution of Pakistan (1973) Arts. 185(3), 189 & 201 Decision of Supreme Court granting or refusing leave to appeal Binding effect as precedent Judgment of High Court remaining intact after refusal of leave to appeal by Supreme Court Status and binding force of such of High Court Principles stated. An order of Supreme Court merely granting leave to appeal or refusing leave to appeal by short order, without deciding a question of law does not have the binding force of a precedent. The is binding on the parties only in that particular proceedings. Likewise, a decision of Supreme Court refusing leave to appeal, which is not based upon and does not enunciate a principle of law, does not have a binding effect as a precedent on all other Courts in Pakistan. In such situation, the sole effect of the order of Supreme Court would be that of High Court shall remain intact and if any question of law has been decided by High Court, it shall be treated as a precedent pronounced by High…

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