Order to maintain judicial propriety;

Full Bench of Karachi High Court in case “Murad Ali V. Collector of Central Excise and Land Customs” (PLD 1963 (W. P.) Karachi 280(F.B) also observed:-

In order to maintain judicial propriety;

(i) the decision of a Division Bench on a question of law should be followed by the other Bench. If they differ, the proper course to adopt would be to refer the question for the decision of a Full Bench;

(ii) the decision of one Division Bench on a question of fact is not binding on the other Division Bench;

 (iii) if the decision of one Division Bench has not come to the notice of the other Bench and a different view is taken in the subsequent Division Bench case and when such two conflicting decisions are placed before the Bench, the proper procedure to follow in such a case would be, for the Bench hearing the case, to refer the matter to a Full Bench in view of the conflicting authorities without deciding the question itself.

Used in Judgement of
Lahore High court
WP- Criminal Proceeding
9027-17
2018 LHC 1465