h1

CLC 1991 LAHORE 138 NOTE

MUHAMMAD SHAFI

V/S

GHULAM MURTAZA

Constitution of Pakistan (1973), Article 189—

Precedent—Judgment of Shariat Appellate Bench of Supreme Court was binding on High Court so far as it related to declaration of law and also the interpretation of the Constitution—[Precedent]

—S. 16—Constitution of Pakistan (1973), Article 2A—High Court’s jurisdiction under Article 2A of the Constitution—Plea that High Court under Article 2A of the Constitution was vested with jurisdiction to declare any decree as nullity irrespective of the time when it was passed and that such jurisdiction was independent from the law declared by the Supreme Court’s Shariat Appellate Bench that a pre-emption decree which was passed before 31.7.1986 could be maintained had no substance—Judgment of Shariat Appellate Bench of Supreme Court was binding on High Court so far as it related to declaration of law and also the interpretation of the Constitution.

Article 189 — Precent — Judgment of Shariat Appellalte Bench of Supreme court was binding on High Court so far as it related to declaration of law and also the interpretation of Constitution. [1991 CLC NOTE 138 at p. 115]

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