Decision of Supreme Court

In case of conflict between judgments of Supreme Court on a point of law, the judgment of larger Bench prevails.

Circular by High Court cannot take precedent over principles laid down by Supreme Court.

Any decision of Supreme Court to the extent it had decided a question of law or was based upon or enunciated a principle of law was binding on all the Courts.

Any decision of Supreme Court to the extent it had decided a question of law or was based upon or enunciated a principle of law was binding on all the Courts.

Scope.

Reliefs, sought through the constitutional petition before the High Court having already been dealt with and decided by the Supreme Court, could not be legally reopened or examined, before any other court and constitutional jurisdiction of High Court, was of no help for the purpose.

Principle of law enunciated by Supreme Court Azad Jammu and Kashmir was binding on all the Courts and functionaries in Azad Jammu and Kashmir.

Decision of Supreme Court to the extent that it decided a question of law or enunciated a principle of law would be binding on all other Courts in Azad Jammu and Kashmir.

Even obiter dictum of Supreme Court enjoyed a respected position.

Order passed by two Judges of a Bench of Supreme Court cannot take precedence over an order of three Judges Bench.

Decision of Supreme Court to the extent that it had decided a question of law or enunciated a principle of law was binding on all other courts in Pakistan.

Decision of Supreme Court to the extent that it had decided question of law or enunciated a principle of law was binding on all other courts in Pakistan.

Judgment passed by any Court including High Court contrary to the dictum laid down by the Supreme Court would be a judgment per incuriam.

Decision of Supreme Court was binding on all the courts in Pakistan.

What one could not obtain directly, could not be obtained indirectly.

Plaintiff company assailed demand of market committee fees raised by authorities in view of judgment passed by Supreme Court

Trial Court dismissed the suit but Lower Appellate Court decreed the same in favour of plaintiff company

Validity

Demand of market fee was with specific reference to judgment of Supreme Court

Plaintiff was not legally permitted to file a lis before 'Civil Court' seeking relief of declaration which directly or indirectly stood in conflict with principle enunciated by Supreme Court nor the 'Civil Court' was ever competent to entertain a suit containing one of such relief

Plaintiff could not avail exception from paying market committee fees under decree of Lower Appellate Court

Even a decree of court would not operate over and above the decision or principle enunciated by Supreme Court nor would create legal justification in decree holder in avoiding legal obligation/duty, which Supreme Court otherwise held to be legal and valid

High Court set aside judgment and decree passed by Lower Appellate Court and restored that of Trial Court

Revision was allowed in circumstances.

Decision given by the Supreme Court has binding force not only on the courts of the country, but also on all the organs, which were duty bound to follow it.

Courts not to follow contrary view to the Supreme Court, in view of the command and mandate of Art.189 of the Constitution.

Any decision of the Supreme Court to the extent that it decided a question of law or was based upon or enunciated a principle of law, was binding on all other courts in Pakistan.