Law:

Section:

(a) Precedent-------Citation of precedent---Principles---Precedent case should have resemblance and be identical with the circumstances of the case, going to be decided---Court has to see circumstances of cited case, live issues involved in it and principles of law formulated with regard to such issues---Judgment is precedent for what it actually decides---Mere identical facts or circumstances in two cases would not make decision as precedent of the earlier case binding, unless the Court in earlier case had already decided a question. (b) Words and phrases--- ----Ratio decidendi---Connotation---Ratio decidendi is the reason or ground of a judicial decision; it is the ratio decidendi which makes a decision a precedent for future. Keeton in Elementary Principles of Jurisprudence p. 106; Lord Hoslbury in "Quinn v. Leathern 1091 AC 495; Qualcast "Wolverhampten Ltd. v. Haynes 1959 AC 473; Trustees of the Port of Karachi v. Muhammad Saleem 1994 SCMR 2213 ref. (c) Precedent--- ----Rule of sub silentio---Applicability---Precedent has to be viewed according to the rule of "sub silentio"---When particular point of law involved in a decision is not perceived by Court or present to its mind, the Court may in certain cases consciously decide in favour of a party on a certain point considering that the party is entitled to relief on another point as well---Court might have not decided the earlier question in favour of particular party, if the second point in favour of such party never existed; in such circumstances, logically the existence of second point was outcome of the decision on the earlier question--.-Decision on earlier point is not an authority, as the former question was decided as sub silentio. Sheikh Muhammad Rafique Goreja v. Islamic Republic of Pakistan and others 2006 SCMR 1317 and Abdul Bari v. Malik Amir Jan and 4 others PLD 1998 SC 50 rel. (d) West Pakistan Industrial and Commercial Employment (Standing Orders) Ordinance (VI of 1968)--- ----Ss. 7(6), 10-B, 11-A & 12(3)---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Industrial dispute---Group insurance benefits---Jurisdiction of Commissioner for Workmen's compensation---Group…

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