In Muhammad Tariq's case supra, contentions raised by the
learned counsel as noted in para.6. Precedents were also noted
in paras.6 and 7 but the learned Judges had given conclusions in
para.9. The same is result of per-incuriam as the conclusion is
not in consonance with the provisions of section 20 of the Preemption Act. The following are three basic ingredients of every
decision:---
(a) Findings of fact both direct and inferential.
(b) Statement of principles of law applicable to the legal terms
disclosed by the facts.
(c) The judgment passed on the combined effect of the above
ingredients.
A decision of apex Court is binding only when it fulfils the
following three conditions: --
(i) It decides a question of law.
(ii) It is passed upon the basis of law.
(iii) It enunciates a principle of law.
Mere mentioning the precedents in the judgment without
adverting to the ratio laid down, in the cited judgments raises
questions than resolving the same.
[Emphasis supplied by us]
Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465
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