laid down in
Sibbia 's case (supra) are per incuriam. He also submitted that
in case the conflict between the two views is irreconcilable ... Constitution Bench.
37. He further submitted that as per the doctrine of `per
incuriam', any judgment which has been passed in ignorance
M/S. Vireet Investment Pvt. Ltd., New ... vs Acit, New Delhi on 16 June, 2017
hand, we reiterate is Niranjan Singh.
Rule of Precedent & Per Incuriam:
13. The Constitution Bench in Union of India vs Raghubir Singh ... Niranjan Singh per incuriam, and
equally importantly, to which previous judgment. An earlier judgment
cannot possibly be seen as per incuriam a later judgment
while dealing with the issue of
per incuriam, opined as under:
“40. The Latin expression ‘per incuriam’ means through
inadvertence. A decision can be said ... aspect of per incuriam and proceeded
to highlight as follows:
“40. ‘Incuria’ literally means ‘carelessness’. In practice per
incuriam appears to mean per ignoratium. English
find it observed about per incuriam as follows:
"A decision is given per incuriam when the court
has acted in ignorance of a previous ... principle of per
incuriam."
Looking at the matter, in view of what has been held to mean
by per incuriam, we find that such
bound by its earlier decision--Stare decisis--doc-
trine of.
Decision per incuriam--meaning and effect of non refer-
ence to an earlier larger bench ... based. [136H]
(9) Per Incuriam means through inadvertance. A decision
can be said generally to be given per incuriam when the
Supreme Court has acted
that McDermott case ( supra) and the Three
Circles case (supra) were per incuriam in holding that interest awarded on
the principal amount upto the date ... necessary to elaborate upon the concept of "per
incuriam". The latin expression per incuriam literally means 'through
inadvertence'. A decision
while dealing with the concept of per
incuriam, had observed thus:-
""Per incuriam" are those decisions given in
ignorance or forgetfulness ... while dealing
with the issue of per incuriam, opined as under:-
"The Latin expression per incuriam means
through inadvertence. A decision can be said
then submitted that the
judgment in Bhanumati & Ors. (supra) is per incuriam as the
issue with regard to the reservation had not been
considered ... Bhanumati & Ors. (supra) is
mostly “obiter”. It is also per incuriam as reservation for
Scheduled Castes and Scheduled Tribes had not been taken
into
per incuriam.
31. This was the only point argued before us by
the learned counsel for the appellant.
32. The principle of per incuriam ... explaining the
principle of per incuriam the learned Judges held:
"......A decision should be treated as given per
incuriam when it is given
