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Binding nature of decision

Binding nature of decision legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2017 YLRN 261 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Art. 189Decisions of Supreme Court binding on other courtsBinding nature of decisionProspective and not retrospective

Contention of petitioner was that principles laid down by Supreme Court were not applicable because it would have prospective effect and not retrospective effect and that judgment was delivered by Supreme Court in the year 2015 but present case was decreed by Trial Court on 2006, therefore, petitioners could not be non-suited

Validity

Such contention had no substance.

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Precedents & Case Laws citing "Binding nature of decision"

PTD 1980
I. T. As. Nos. 549,/KB, 550; K.B, 551‑KB, 405/KB, 406/KB and 407/KB of 1976‑77, decided on 26th April, 1978.

1980 P T D (Trib

N/A

Court: Income‑tax Appellate Tribunal
CLC 1988
Constitutional Petitions Nos. 12, 211, 289 and 387 of 1987 decided on 29th September, 1987.

1988 C L C 1877

SIDDIQUE AHMED KHAN‑‑Petitioner Versus THE SECRETARY, HOUSING, TOWN PLANNING,

Court: Karachi
PLD 1982
Civil Petition for Special Leave to Appeal No. 24‑R of 1979, decided on 12th December, 1979.

P L D 1982 Supreme Court 146

Present : Anwarul Haq, C. J. and Muhammad Afzal Zullah, J Versus ABDUL GHAFOOR KHAN AND OTHERS Respondents

Court: S. 11 read with Constitution of Pakistan (1973), Art. 199‑Writ Res judicata‑Contentions raised by appellants in Letters Patent Appeal not upheld by High Court‑Plea that by passage of time decree became unexecutable although could be raised by appellants during coup a of hearing of Letters Patent Appeal but they failed to do so Appellants, held, cannot raise a new action on basis of such plea and fact of decision given in Letters Patent Appeal having related to a writ matter cannot constitute a valid ground for not applying general principles of res judicata to suit brought by appellants with a view to avoiding effect of decree which stood test of scrutiny by High Court, firstly on civil side and then on writ side.‑Res judicata.
PLD 1947
Privy Council Appeal No. 49 of 1946, decided on 18th February, 1947, from Bombay.

P L D 1947 Privy Council 32

EMPEROR Versus SADASHIV NARAYAN BHALERAO — Respondent

Court:
PTD 1969
Tax Case No. 15 of 1960 (Reference No. 2 of 1960), decided on 4th July 1962.

1969 P T D 423

A. S. S. R. GURUSWAMI CHETTIAR Versus COMMISSIONER OF INCOME‑TAX, MADRAS

Court: Madras (India)
PLD 1968
(2) Haji AHMAD DIN‑Respondents

P L D 1968 Supreme Court 101

MUHAMMAD YUSUF‑Appellant Versus (1) THE CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, PAKISTAN, LAHORE AND

Court: (b) Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2(4) read with S. 31(3) as amended by Displaced Persons Laws Amendment Ordinance (XVIII of 1965), S. 3 & Sch.‑Effect‑Divisibility or otherwise of house Cannot be challenged under Art. 98, Constitution of Pakistan (1962).
PLD 1987
Regular First Appeals Nos. 29, 31, 32, 56 and 88 of 1986, decided on 19th October, 1986.

P L D 1987 Peshawar 68

GOVERNMENT OF PAKISTAN‑Appellant Versus SIKANDAR KHAN AND OTHERS ‑Respondents

Court: ‑‑ Ss. 4 & 18‑Acquisition of land‑Material date for purpose of compensation‑Assessment of compensation how made‑In acquisi tion cases, material date 'for purpose of compensation to be paid to landowners for the acquired land, held, would be the date of notifi cation under S. 4‑For determination of such compensation one year's average of land sold in the vicinity before date of notification is to be taken into consideration as criterion for assessing price of acquired land.‑Compensation.
PLD 1982
N/A

1982S75

BEGUM DARAB SULTANA ETc.‑Appellants Versus CUSTODIAN ETc.‑Respondents

Court: High Court
PLC(CS) 1997
Civil Appeal No. 69 of 1996, decided on 12th May, 1997

1997 P L C (C

Ch. MUHAMMAD HUSSAN Versus AZAD GOVERNMENT OF THE STATE OF JAMMU AND KASHMIR through Chief Secretary, Muzaffarabad and 2 others

Court: Supreme Court (Azad J&K)
PTD 2016
S.T.A. No.14/KB of 2011, decided on 13th March, 2012.

2016 P T D (Trib

Messrs SHELL (PAKISTAN) LTD., KARACHI Versus C.I.R. ZONE IV, LTU, KARACHI

Court: Inland Revenue Appellate Tribunal