FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad vs FAZAL-E-SUBHAN art

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FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad VS FAZAL-E-SUBHAN art. 4---Judicial independence---Scope---Concept of judicial independence and significance of internal and institutional independence explained. Citation Name: 2024 PLD 515 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad VS FAZAL-E-SUBHAN Binding precedent, doctrine of---Significance---Doctrine of binding precedent fosters and disseminates firmness and uniformity and also supports the development of law. Citation Name: 2024 PLD 515 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad VS FAZAL-E-SUBHAN arts. 175a(8) & 175a(12)---Judicial Commission of Pakistan Rules, 2010, R. 3---Parliamentary Committee on Judges appointment in the Superior Courts Rules, 2010, Rr. 4(3) & 4(4)---additional Judges of (Peshawar) High Court, appointment of---appointment of District judges as additional Judges of the High Court---appointment criteria---Seniority-cum-merit---Judicial Commission and Parliamentary Committee---Scope and powers of Judicial Commission and Parliamentary Committee in regard to appointment of Judges in the superior Courts under article 175a of the Constitution stated. Citation Name: 2024 PLD 515 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad VS FAZAL-E-SUBHAN Stare decisis, doctrine of---'Vertical stare decisis' and 'horizontal stare decisis'---Meaning and scope---Doctrine of stare decisis is a latin term that connotes "let the decision stand" or "to stand by things decided"---This represents an elementary canon of law that Courts and judges should honor the decisions of prior cases on the subject matter which maintains harmony, uniformity and renders the task of interpretation more practicable and reasonable while adhering to it for resolving a lis based on analogous facts---Doctrine of stare decisis is to be adhered to as long as an authoritative pronouncement holds the field, until and unless the dictates of compelling circumstances fortified by rationale justify the exigency of a fresh look for judicial review---Terminology "vertical stare decisis" explicates that the decisions of higher courts should take precedence over the decisions of lower courts---Whereas the concept of "horizontal stare decisis" provides that prior decisions made by courts at a particular appellate level should provide some precedent for cases heard by courts of the same appellate level, however horizontal stare decisis is generally seen to be less forceful as compared to vertical stare decisis. Citation Name: 2024 PLD 515 SUPREME-COURTBookmark this Case FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad VS FAZAL-E-SUBHAN art. 175a---appointment of judges in the superior Courts---Transparency---Importance of internal and institutional independence in the matter of judicial appointments explained.

FEDERATION OF PAKISTAN through Secretary, Ministry of Law and Justice Islamabad vs FAZAL-E-SUBHAN art — 2024 PLD 515 SUPREME-COURT

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