2022 SCMR 448 SUPREME-COURT

Case information

Citation: 2022 SCMR 448 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
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

BASHIR AHMED BADINI, D&SJ, DERA ALLAH YAR VS HON'BLE CHAIRMAN AND MEMBER OF ADMINISTRATION COMMITTEE AND PROMOTION COMMITTEE OF HON'BLE HIGH COURT OF BALOCHISTAN Merger, doctrine of---Scope and applicability---In case an appeal or revision is provided before a superior court against an order passed by any Court or Tribunal or any other authority and the superior court where the appeal is preferred modifies, reverses or affirms the decision of lower fora then the order or decision passed by subordinate or lower forum is merged into the decision rendered by superior courts which will remain operative for enforcement in accordance with law---In order to apply the doctrine of merger in letter and spirit, there must be a decision of a subordinate forum or Tribunal and against any such decision, there must be a right of appeal or revision provided under the relevant law---While deciding any such appeal or revision, the appellate forum must have affirmed, modified or reversed the order or judgment of the court below.

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