SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN through Secretary Finance arts — 2024 SCMR 1656 SUPREME-COURT

Case information

Citation: 2024 SCMR 1656 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2024
Reporter: SCMR
Parties: SHAHTAJ SUGAR MILLS LTD. vs GOVERNMENT OF PAKISTAN through Secretary Finance arts

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

SHAHTAJ SUGAR MILLS LTD. VS GOVERNMENT OF PAKISTAN through Secretary Finance arts. 1, 189 & 201---Federating units---Judgments of Supreme Court and High Court---Word "other" used in article 189 of the Constitution---Binding effect of judgment passed by one High Court upon other High Court---Scope---Decisions of Supreme Court are binding on all other Courts, which includes all High Courts, but not the Supreme Court itself since the word "other" is used in article 189 of the Constitution---Provision of article 201 of the Constitution commences with the words "subject to article 189" which removes all doubts (if at all there could be any) that decisions of High Court are only binding on all Courts subordinate to it, which are those within its territorial jurisdiction---Decision of a High Court is persuasive and may be followed by another High Court but it is not binding on it---another High Court may make a different decision---Pakistan, as per article 1 of the Constitution is a Federal Republic and 'territories of Pakistan' have been mentioned therein---High Court of each Federating Unit is independent, and a fortiori that it acts independently---Independence of Federating Units can only be curtailed to the extent that the Constitution itself may do so---There is no Constitutional provision which supports binding effect of judgment of one High Court upon the other as provision of article 201 of the Constitution states so, which is iterated by article 189 of the Constitution.

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