2022 MLD 634
Precedent---Rations decidendi---Expression "ratio decidendi " was the ground or reason of decision and the point in a case which determined the judgment---Held, it was the "ratio decidendi " which was applicable to subsequent cases presenting the same problem.
PTD 2021 LAHORE 80
Nature of precedent---Distinction between "obiter dicta" and "ratio decidendi "---Scope---Distinction was to be made between what was ratio decidendi of a case and what was mere obiter dicta---What was necessary for decision of the issue in a case was ratio decidendi and was binding however, what was said "by the way" and was entirely unnecessary for decision of a case or what was mere gratuitous statement of the law was obiter dicta and was not binding.
PTD 2017 2029 KARACHI-HIGH-COURT-SINDH
Decisions of Supreme Court and High Court binding on subordinate courts---Doctrine of "precedent", "stare decisis" and "ratio decidendi " contained in Arts. 189 & 201 of the Constitution---Scope---Articles 189 & 201 of the Constitution recognized and adopted the doctrine of precedent and also seemed to have accorded recognition to one of existing realities of life, namely that judges made and changed the law---Under Articles 189 & 201 of the Constitution only such decision was binding which decided a question of law or was based upon a principle of law, or enunciated a principle of law---Doctrine of binding precedent had the merit of promoting certainty and consistency in judicial decisions and enabled organic development of law, besides providing assurance to an individual as to the consequence of transactions forming part of his daily affairs and therefore, there existed a need for a clear and consistent enunciation of legal principles in the decisions of a court---Doctrine of "stare decisis" meant to abide by or adhere to decided cases and it was a doctrine under which a deliberate or solemn decision of court was made after argument on question of law fairly arising in the case and necessary to its determination, which became an authority or binding precedent in the same court or in other courts of equal or lower rank in subsequent cases where such point was again in controversy---Doctrine of "stare decisis" had been given Constitutional recognition in Arts. 189 & 201 of the Constitution---Expression "ratio decidendi " was the ground or reason of a decision, the point in a case which determined the judgment---Decision of a Court generally decided the "ratio decidendi " or "rule of law" for which it was the authority, and what it decided between the parties included far more---Law provided that once a case had been heard and all appeals had been taken (or the time for appeal had expired) all parties to a dispute and their successors were bound by the Court's findings on the issues raised between them and on questions of fact and law necessary to the decision of such issues---In a controversy raising a dispute inter parties, things adjudged were conclusion between parties both on questions of law and fact but as to what the Court decided generally was the "ratio decidendi " or "rule of law" for which the same was an authority---ratio decidendi was applicable to subsequent cases presenting the same problem between third parties not involved in the original case.
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.
2007 PTD 181 Lahore
ratio decidendi ---Meaning of---ratio decidendi of a case makes the decision a binding precedent for the future---Ground of a decision is the material fact of the case, so that if a similar or comparable set of facts come before the Court again, and the new case is on "all fours" with an earlier case, the Court will follow and apply the decision given in the earlier case.
2006 PLC 656 LAHORE
---ratio decidendi ---Connotation---ratio decidendi is the reason or ground of a judicial decision; it is the ratio decidendi which makes a decision a precedent for future.
PLD 2004B SUPREME-COURT 600
----"ratio decidendi "---Connotation
1996 SCMR 218
Ratio decidendi Principles of---Scope
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.
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 ---Observations of co-ordinate Bench would not be part of ratio decidendi .
PLD 1988 53 SUPREME-COURT-AZAD-KASHMIR
Precedent ---Supreme Court itself' is not bound by its own decisions because Court has power to review its judgments pronounced earlier--Law enunciated in such precedents has to be respected provided it applies to a case brought 'before the Court--Term "ratio decidendi ", explained
ratio decidendi ---Principles of determination of ratio decidendti and principle or which the judgment is based stated.
PLD 1987 SC 145 SUPREME-COURT
Precedent-What the Court decides is ratio decidendi or rule of law for which it is the authority-Such ratio decidendi is applicable to subsequent cases presenting the same problems between third parties-Such rule of law, however, does not act in rem.
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