HADAYAT ULLAH vs FEDERATION OF PAKISTAN O — 2022 PLC(CS) 1603 SUPREME-COURT

Case information

Citation: 2022 PLC(CS) 1603 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: PLC
Parties: HADAYAT ULLAH vs FEDERATION OF PAKISTAN O
Subject matter: Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HADAYAT ULLAH VS FEDERATION OF PAKISTAN O. XI, R. 1, Second proviso---Semper praesumitur pro negante, rule of---Scope---When the Judges of an appellate Court are equally divided in their opinion, the judgment of the Court below is affirmed and maintained, and the decision given pro negante is authoritative and binding as any other decision of the appellate Court---However, the said rule is not applicable to the final decision of a case by the Supreme Court in view of the second proviso to Rule 1 of Order XI of the Supreme Court Rules, 1980, which provides that "if the Judges hearing a petition or an appeal are equally divided in opinion, the petition or appeal, as the case may be, shall, in the discretion of the Chief Justice, be placed for hearing and disposal either before another Judge or before a larger Bench to be nominated by the Chief Justice." Hence, the application of the rule of pro negante decision is restricted to the division of opinion on a point of law decided in the judgment of the Supreme Court, notwithstanding of which there is a majority of opinion on the final decision of the case.

Other judgments reported in 2022 PLC

2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 25(1)--- Industrial and Commercial Employment (Standing Orders) Ord…
2022 PLC 62 SUPREME-COURTDIVISIONAL SUPERINTENDENT, QUETTA POSTAL DIVISION VS MUHAMMAD IBRAHIM S. 2(1)(b)(iii)---Industrial Relations Act (X of 2012), S. 2(xxxiii)--…
2022 PLC(CS) 1603 SUPREME-COURTHADAYAT ULLAH VS FEDERATION OF PAKISTAN art. 188---Review jurisdiction of the Supreme Court---Scope---Review jurisdiction of the Court opera…
2022 PLC(CS) 646 ISLAMABADNAEEM ANWAR VS FEDERATION OF PAKISTAN through Secretary, Ministry of Commerce and Textile arts.91, 92, 93 & 67(1)---Power of advisor to the…
2022 PLC 15 PESHAWAR-HIGH-COURTKHALID VS PAKISTAN TOBACCO COMPANY AKORA KHATTAK, DISTRICT OWSHERA, KHYBER PAKHTUNKHWA S.2(i)---"Salesman", status of---Scope---Work of sale…
2022 PLC(CS) 73 ISLAMABADHAMID NASRULLAH RANJHA VS CHIEF COMMISSIONER, ISLAMABAD, ICT Deputation---Scope---Government servant begins to be regarded as a deputationis…

Back to the case-law library · Search Pakistani case law in Urdu or English