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Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN art — 2022 PLD 119 SUPREME-COURT

Case information

Citation
2022 PLD 119 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2022
Reporter
PLD
Parties
Justice QAZI FAEZ ISA vs PRESIDENT OF PAKISTAN art
Subject matter
Civil

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

Justice QAZI FAEZ ISA VS PRESIDENT OF PAKISTAN art. 189---Multi-member Bench of the Supreme Court---Majority/ minority judgments---Operative decision---Scope---In any case heard by a multi-member Bench (i.e., a Bench comprising of more than one Judge, whether of even or odd numbered strength) the operative decision (whether judgment, decree or order) must have the support of a majority---Even fifty percent is not enough: that is only a plurality---Majority threshold must be crossed---"General" rule is that there must be at least a majority---If there is no majority then there is no operative order or decree, or in the case of a judgment no ratio decidendi of the Court, although there is of course a ratio of such judgment(s) as may have been delivered---Secondly, if there are multiple judgments or orders (short or otherwise) it is only the one which commands the support of the majority that has operative effect as the decision of the Court---If there be no such single judgment then it is the commonality (if any) between them such as commands the support of the majority that has operative effect---anything (whether determination or decision on a legal point in issue, enunciation of any rule or principle of law or order) that falls short of such mark (i.e., is outside or beyond that what is common) is not the decision of the Court and has no operative effect.

Other judgments reported in 2022 PLD

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