Any direction given on special facts, in exercise of jurisdiction under Article 142, is not a binding precedent. rendered by the earlier co-ordinate bench, except in compelling circumstances, such as where Can I get this ground at admission stage If yes please how. The ‘quotable in law’ is avoided and ignored if it is rendered, in ignoratium of a statute or other binding authority’. In other words can such conclusions be considered as declaration of law? 6. The content of this website is for informational purposes only and for the reader’s personal non-commercial use. The ratio of the decision as it appears from pages 601 to 603 is that the judgment which does not terminate the proceedings, can be challenged in an appeal from final proceedings. The provisions of Section 24(2) could not be said to be applicable to the case once acquisition stood quashed in 2008 by the High Court. Rule of per incuriam being an exception to the doctrine of precedents is only applicable to the ratio of the judgment. Can a ‘per incuriam’ decision operate as a precedent? This is the rule of sub silentio, in the technical sense when a particular point of law was not consciously determined. There was no question of taking possession or payment of compensation once the acquisition had been quashed. The author also states that precedents sub-silentio and without arguments are of no moment. Please help & oblige. Doctrine of ‘per incuriam’ and Judicial Discipline, Model Shops and Establishments Bill, 2016. A decision which is not express and is not founded on reasons nor it proceeds on consideration of issue cannot be deemed to be a law declared to have a binding effect as is contemplated by Article 141. The views expressed are not the personal views of LawBulls and are the independent views of the authors. In Pune Municipal Corporation (supra) the land acquisition had been quashed by the High Court in the year 2008. there can be no cavil over the proposition that once a judgment has been declared per Your email address will not be published. used to describe a legal decision that has been given without reference to a statutory provision or earlier judgment that would have been relevant to the case. 147(c). 146. In this regard, the provision of section 77 and 80 relating to payment and deposit under Act of 2013 which corresponds to section 31 and 34 were not placed for consideration of this court while rendering the aforesaid decision. The maxim “nullus commodum capere potest de injuria sua propria” i.e. For coming at such a conclusion, the Full Bench of this Court has relied on the judgment of the Constitution Bench of the Supreme Court in f Atma Ram v. State of Punjab[6].”. Sometimes per curiam signifies an opinion written by the chief justice or presiding judge; it can also refer to a brief oral announcement of the disposition of a case by … In such circumstances, although Point B was logically involved in the facts and although the case had a specific outcome, the decision is not an authority on Point B. The learned Lord Justice observed : “There is a good old-fashioned rule that no one has a right to conduct himself before a tribunal as if he accepted its jurisdiction, and then afterwards, when he finds that it has decided against him, to turn round and say, "You have no jurisdiction". Save my name, email, and website in this browser for the next time I comment. There is no lapse of acquisition due to the non deposit of amount under the provisions of Act of 1894 or Act of 2013. Societies Ltd. 2010 13 SCC 336 laying down thus: “17. EBC Publishing Pvt. (Para 42), The framework of Article 370(2) of the Indian Constitution was such that any decision taken by the State Government, which was not an elected body but the Maharaja of the State acting on the advice of the Council of Ministers which was in office by virtue of the Maharaja’s proclamation dated March 5, 1948, prior to the sitting of the Constituent Assembly of the State, would have to be placed before the Constituent Assembly, for its decision as provided under Article 370(2) of the Constitution. However, it is worth noting that, in the case oversight, a judgment fails to notice a plain statutory provision or obligatory authority Rukmani Devi & Anr. Meaning: According to the Black’s Law Dictionary (Fourth Edition, 1891) per incuriam. cannot be said that it lays down good law. To refer the case to larger Bench, reliance was placed by the landowners on Sant Lal Gupta v. Modern Coop. With respect to Shivraj (supra) it is apparent that no view has been expressed by the Division Bench making reference itself, as observed that upon reading the decision of this court in Union of India & Ors. 2 See: Municipal Corporation of Delhi v. Gurnam Kaur, AIR 1989 SC 38; Union of India v. Manik Lal 3. 41. It is not the only type of decision that can reflect the opinion of the court. It is important to take note of the ratio laid down in the case of, K.G. & Ors. Click to share on WhatsApp (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Skype (Opens in new window), Click to email this to a friend (Opens in new window). Siraj v. The word ‘incuria’ literally means ‘carelessness’.1 The purport. In Lancaster Motor Company (London) Ltd. v. Bremith Ltd.[22]  the Court did not feel bound by earlier decision as it was rendered ‘without any argument, without reference to the crucial words of the rule and without any citation of the authority’. 21. incuriam, and thus, such a judgment will not be elevated to the status of precedent. In this regard, I refer to State of U.P. Per Incuriam Lent 2018. In the case of, Hyder Consulting (U.K.) Ltd. v. State of Orissa15, it was held that, a prior EBC Publishing Pvt. [Latin] Through lack of care. 26 (2004) 7 SCC 19 That statutory rules framed under section 55 of Act of 1894 and orders having statutory force issued under, constitutional provisions or otherwise by various State Governments were not placed for consideration before this court in Pune Municipal Corporation case (supra). For sending Articles & News CLICK HERE,

. 1944 1KB 718 Young v. Bristol Aeroplane Ltd.. He went on to say that the point had to be decided by the earlier court before it could make the order which it did; nevertheless, since it was decided ‘without argument, without reference to the crucial words of the rule, and without any citation of authority’, it was not binding and would not be followed. The Full Bench of this Court in  Kamleshwar Ishwardas Patel v. Union of India[5] reported in 1994 Mh LJ 1669 dealing with a question as to what course has to be followed by the High Court when confronted with contrary decisions of the Supreme Court emanating from Benches of co-equal strength, has held that the High Court is not necessarily bound to follow the decision later in point of time, but must follow the one which in its view is better in point of law.

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