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Stare Decisis, Doctrine of

Stare Decisis, Doctrine of legal meaning, translation and judicial precedents.

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

2019 SCMR 1229 SUPREME-COURT-OF-UNITED-STATE Judicial Precedent
Scope

Adherence to prece­dent was a foundation stone of the rule of law; it promoted the evenhanded, predictable, and consistent development of legal principles, fostered reliance on judicial decisions, and contributed to the actual and perceived integrity of the judicial process

Stare decisis was not an inexorable command, but any departure from the doctrine demanded "special justification" - something more than an argument that the precedent was wrongly decided.

2019 SCMR 1229 SUPREME-COURT-OF-UNITED-STATE Judicial Precedent
Scope

Supreme Court (of the United States) did not lightly overturn precedents, and it sought always to honour the thoughtful guidance of those who had preceded the incumbent judges

At the same time, doctrine of stare decisis was not an inexorable command and the Supreme Court (of the United States) should not always remain bound to decisions whose ra­tionale no longer withstood careful analysis

Recog­nizing the need for balance in this area, the Supreme Court (of the United States) had over time, fashioned principles to guide its treatment of precedent

Said principles called on the Court to consider factors such as the quality of the precedent's reasoning, the workability of the rule it established, its consistency with other related decisions, developments since the decision was handed down, and reliance on the decision.

1998 SCMR 1618 SUPREME-COURT Judicial Precedent
Stare Decisis, Doctrine ofAppreciationCourts are not slaves of the doctrine of stare decisisCourt may change or modify its views with the passage of time

Development of jurisprudence is an ongoing process.

1996 CLC 1337 KARACHI-HIGH-COURT-SINDH Judicial Precedent
Stare Decisis, Doctrine of ApplicationExtentCourts must stand by the ratio decidendi and not to disturb settled pointPolicy embodied in the doctrine of stare decisis promotes certainty, stability and predictability of law

Doctrine of stare decisis, however,. is neither inflexible nor it comes into play if it violates the letter and spirit of statutory provision or falls within the clutches of obiter dicta

Principle of stare decisis must be applied after discovering the purpose of statutes and changes/amendments brought in those statutes; it cannot be made applicable where it is erroneous or patently unreasonable besides being flexible too.

[Obiter dicta].

1994 SCMR 1900 SUPREME-COURT Judicial Precedent
Stare Decisis, Doctrine ofRes judicate, doctrine ofDistinction:

[Res judicata]. Distinction between the doctrine of stare decisis and the doctrine of res judicata is that doctrine of res judicata applies only when the same parties or their privies are involved in the subsequent case as were involved in the earlier round of litigation, but the doctrine of stare decisis is not affected by the fact that different parties are involved in the case where the precedent was established. It was further pointed out that res judicata applies to decisions of both law and facts, whereas stare decisis is applicable only on the question of law.

1973 PLD 394 SUPREME-COURT Judicial Precedent

Stare decisis, doctrine of Interpretation which has been consistently given by judicial authorities Interpretation if rot opposed to general principle of law-Should not be departed from in absence of any compelling reason to contrary.

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Precedents & Case Laws citing "Stare Decisis, Doctrine of"

SCMR 1994
Civil Appeal No. 306 of 1994, decided on 2nd June, 1994.

1994 S C M R 1900

BADRUDDIN‑‑‑Appellant Versus MUHAMMAD YOUSUF‑‑‑Respondent

Court: Supreme Court of Pakistan
PCRLJ 2015
2013-December-6

2015 P Cr

IRSHAD ALI and another — Appellants Versus MUHAMMAD SHAHID and another — Respondents

Court: Sindh
PLC(CS) 2025
Civil Petition No. 1124-K of 2023, decided on 20th December, 2024.

2025 P L C (C

FEDERATION OF PAKISTAN through Secretary Finance Division and another Versus ABDUL RASHEED MEMON

Court: Supreme Court of Pakistan
SCMR 2025
Civil Petition No. 1124-K of 2023, decided on 20th December, 2024.

2025 SCMR 532

FEDERATION OF PAKISTAN through Secretary Finance Division and another — Petitioners Versus ABDUL RASHEED MEMON — Respondent

Court: Supreme Court of Pakistan
PLD 2024
2023-May-30

P L D 2024 Supreme Court 515

FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad and another — Petitioners Versus FAZAL-E-SUBHAN and others — Respondents

Court: High Court
PLD 1987
Civil Appeals Nos. 157 to 166 of 1974 and Civil Appeal No. 157 of 1972, decided on 17th December, 1986.

P L D 1987 Supreme Court 145

OTHERS‑Appellants Versus THE CHAIRMAN, ALLOTMENT COMMITTEE

Court: ‑‑ RPs judicata‑Doctine of stare decisis‑Flexible in application and rigid adherence to doctrine excepted‑Rationale behind doctrine of stare decisis is the need to promote certainty, stability and predict ability of law, in criminal, fiscal and constitutional matters, for, law cannot stand still nor can Courts become mere slaves of precedents. Precedent.
PLD 2023
2023-January-24

P L D 2023 High Court (AJ&K) 108

Raja MUHAMMAD BASHIR KHAN — Petitioner Versus JUSTICE OF PEACE/DISTRICT AND SESSIONS JUDGE, MUZAFFARABAD and 2 others — Respondents

Court: High Court
CLC 2000
Writ Petition No. 12025 of 1999, decided on 6th August, 1999.

2000 C L C 661

Messrs SANDAL DYE STUFF INDUSTRIES LTD. ‑‑‑Petitioner Versus FEDERATION OF PAKISTAN through Secretary Finance, Pakistan Secretariat,

Court: Lahore
SCMR 2019
Decided on 26th June, 2019.

2019 S C M R 1229

JAMES L. KISOR — Petitioner Versus ROBERT WILKIE, SECRETARY OF VETERANS AFFAIRS — Respondent

Court: Supreme Court of the United States*
PTD 2021
Writ Petition No.11351 of 2020, decided on 15th September, 2020.

2021 P T D 80

MUHAMMAD ZAHID, PROPRIETOR PLUS ENTERPRISES Versus FEDERAL BOARD OF REVENUE through Chairperson, Islamabad and 5 others

Court: Lahore High Court (Multan Bench)