2012 CLD 1288

Case Laws / Head Notes / Paras

Pir Bakhsh represented by his Legal Heirs and others vs. The Chairman, Allotment Committee and others held as under:- “It is clear from the above that a general decision becomes an authority in like-case and the Judges are bound to follow the same so long as it stands unreversed.There is another very strict condition that the binding effect would disappear if it is shown that the law was misunderstood or misapplied in that particular case. Now in the case in hand the Honourable Supreme Court has reversed the judgment of High Court, so nothing is left in the judgment of High Court to follow. The controversy as to ‘judgment in personam’ and ‘judgment in rem’ is, therefore, not relevant beyond this stage. In the case of Messrs Syed Bhais (Pvt.) (supra), while relying on 2005 CLD 1208 it has i...