17/05/2022
Obiter dicta..................
2021 SCMR 1509 189---Obiter dicta of the Supreme Court---Binding on the High Court.
2021 PLC(CS) 1259 189---Obiter dicta of the Supreme Court---Binding on the High Court.
PLD 2021 Lahore 90
Obiter dicta ---Scope---Decisions of Supreme Court are binding on all the courts subordinate to it when they decide the question of law and enunciate the principles of law---Even the Obiter dicta of the Supreme Court is of greater value.
2012 PLC(CS) 823
Every decision of the Supreme Court, was binding on each and every organ of the State by virtue of Arts.189 & 190 of Constitution, unless there was 'Obiter dicta '---Superior Courts derived their strength from the Constitution, whereas, the Tribunal obtained strength from the Act which would be binding by all means on the Service Tribunal to follow the decision of the apex court in letter and spirit.
PLD 2011 Lahore 382
Every principle of law laid down by the Supreme Court of Pakistan has force of binding precedent under Art.189 of the Constitution---Force of the Supreme Court precedent is not subservient to the rule of ratio decidendi and holds good even in relation to Obiter dicta so long as the principle of law is clearly laid down.
PLD 2010 Lahore 175
Judgment of High Court deciding legal issues after dealing with same in great detail---Effect---Such findings could not be treated as mere observations or Obiter dicta .
2009 PTD 722 LAHORE-HIGH-COURT-LAHORE
Obiter dicta in judgment of Supreme Court---Effect---Decisions of Supreme Court are binding even to the extent of Obiter dicta in judgments---Authority to explain judgment of Supreme Court is also with Supreme Court.
PLD 2009 KARACHI 392
Obiter dicta of Supreme Court, irrespective of its strength, 'would be binding on High Court
2006 PLC(CS) 221
Decision of Supreme Court, binding force of---Where question of law raised before Supreme Court, was considered and decided, same would have binding force, no matter at which stage such order was passed---Decision was one where apex Court had enunciated a principle of law, which was a binding precedent---Contention that leave refusing order, passed by Supreme Court was not a binding precedent, was repelled---Observations of the Supreme Court were entitled to very high respect, even as Obiter dicta on question of law.
2005 YLR 388
Even Obiter dicta of Supreme Court are binding upon High Court---Any observation by Supreme Court even when obiter, is binding on High Court.
PLD 2004 SC 600
"Obiter dicta "---Connotation.
2004 PTD 2087
Observations in the nature of Obiter dicta recorded by Supreme Court of Pakistan have legal force.
2002 YLR 3433
Supreme Court decisions binding on other Court---Obiter dicta ---Obiter dicta of Supreme Court, is also binding upon all the Courts of the country.
2000 SCMR 814
Obiter dicta ----Every case is an authority, to the extent the same decides the legal controversy passed in it---Declaration of law has to be confined to the four corners of the dispute agitated before the Court---Rest, if any, is obiter and obiter except of Supreme Court, or before it, of the Privy Council, is not/has not been binding.
1996 CLC 1337
Stare Decisis, Doctrine of Application---Extent---Courts must stand by the ratio decidendi and not to disturb settled point---Policy embodied in the doctrine of stare decisis promotes certainty, stability and predictability of law---Doctrine of stare decisis, however,. is neither inflexible nor it comes into play if it violates the letter and spirit of statutory provision or falls within the clutches of Obiter dicta ---Principle of stare decisis must be applied after discovering the purpose of statutes and changes/amendments brought in those statutes; it cannot be made applicable where it is erroneous or patently unreasonable besides being flexible too.--[Obiter dicta ].
1995 CLC 1453
Obiter dicta Obiter dicta of the Supreme Court was binding.
1992 MLD 2083
Obiter dicta ---Obiter dicta of Supreme Court would have a binding effect.
1990 PLC 501 LABOUR-APPELLANT-TRIBUNAL-PUNJAB
Judgments of Supreme Court, binding on lower Courts---Even Obiter dicta findings of Supreme Court. held, would be binding
PLD 1990 Lahire 198
View of Supreme Court in the nature of Obiter dicta has to be given due regard.
1990 PCRLJ 822
Precedent ---- Supreme Court of Pakistan is the highest Court in judicial oligarchy of country and even Obiter dicta of Supreme Court due to high place, which it holds in hierarchy of Court would enjoy a highly respected position as precedents.
1989 PCRLJ 1235
Obiter dicta of Supreme Court would, due to high place which the Court holds in hierarchy of Courts in country, enjoys a highly respected position as precedent--Supreme Court having granted bail in case of similar nature under consideration High Court followed order of Supreme Court in case and allowed bail to accused.--[Obiter dicta ].
1988 MLD 413
Obiter dicta --- Observations of co-ordinate Bench while deciding application during pendency of appeal--Nature of observations of co-ordinate Bench would not be part of ratio decidendi but in the nature of Obiter dicta .--[Ratio decidendi].
1986 CLC 939
Obiter dicta --Observation of Division Bench (reported in P L D 1978 Quetta 17) to effect that sufficiency of evidence could be examined by High Court in exercise of constitutional jurisdiction when this was not a point in dispute or controversy, held, was in a form of an obiter and not binding on another Division Bench.-[Precedent].
1986 PLC 1013
Obiter dicta --Observation of a superior Court, even in the nature of Obiter dicta , expressed in a particular case, held, was binding on lower Court.
1986 CLC 507 Precedent--Every word or even an Obiter dicta of Supreme Court of Pakistan; held, is binding on all Courts. -[Precedent].
PLD 1985 LAHORE 454
Consistent view of Supreme Court being a straight decision on issue passes stage of Obiter dicta and is binding on all Courts in the country. -- Full Bench decision of High Court-Notwithstanding single Judge's own differing view, such Judge is bound by view laid down in Full Bench decision and must accept said view unconditionally.
1985 PCRLJ 2831
Obiter dicta -Leave to appeal--Accused, held, could not get any benefit from judgment of Supreme Court in which Supreme Court had only granted leave in a case as it could not be anticipated, what ultimate view of Supreme Court would be.
PLD 1978 KARACHI 984
Binding nature of Supreme Court decisions-Even Obiter dicta of Supreme Court on question of law---Law declared and binding on High Court-Supreme Court, however, not expressing final opinion on precise question at issue and opinion expressed explicitly tentative, leaving true interpretation of S. 30 (3) (I) open -Clear import of observations of Supreme Court being not to rule out possibility of interpretation that more than one notice of demand may be necessary in case of successive default by statutory tenant-Open to High Court, in circumstances, to construe effect of S. 30(3)(i).-[Obiter dicta -Supreme Court-Precedent]
PLD 1975 Lahore 524
Ratio decidendi-Obiter dicta -Meanings.
1975 PCRLJ 105 KARACHI-HIGH-COURT-SINDH Side Appellant : THE STATE THROUGH THE ADDITIONAL ADVOCATE-GENERAL, WEST PAKISTAN Side Opponent : AZIZ AHMEDConstitution of Pakistan 1973 ------Art. 189-Obiter dictum-Observations of Supreme Court even though Obiter dicta -Entitled to very highest respect.
PLD 1968 LAHORE 1012 Obiter dicta --Opinion given on some point not necessary for decision of case -.Does not lay down law to be followed.
