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
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
under Section 498A , I.P.C. is given per incuriam.
40. The doctrine of per incuriam is explained by the apex court in Mamleshwar ... what constitutes 'per incuriam' in A. R. Antulay v. R. S. Nayak , as follows :-
"'Per incuriam' are those decisions given
judgement relied on by
the counsel for the respondents is per incuriam. In light of the
judgement passed by the Apex Court in the case ... Niranjan
Singh per incuriam, and equally importantly,
to which previous judgment. An earlier
judgment cannot possibly be seen as per
incuriam a later judgment
holding that provisions of Section
173(5) are directory is per incuriam since it
conflicts with the ratio in the case of K. Veeraswami ... case of Phulbande (Supra) and the
decision that follows it are per incuriam and even
contrary to the law laid down by the Supreme Court
supra and therefore, judgment
in Naval Singh (supra) was treated as per-
incuriam in Nathulal Vs. State of
Rajasthan (supra).
18. This court finds that ... According to Blacks' Law Dictionary (Edition) per-
incuriam means through inadvertence. The doctrine of
per-incuriam is that a decision is to be treated
correct but cannot be
said to be per incuriam. He submitted that in the case of Satya
Narain Musadi (supra), the facts were totally different
supra and therefore,
judgment in Naval Singh (supra) was treated as per-incuriam in
Nathulal Vs. State of Rajasthan (supra).
18. This court finds that ... According to Blacks' Law Dictionary (Edition) per-incuriam
means through inadvertence. The doctrine of per-incuriam is that
a decision is to be treated
CRLMP-478/2019]
judgment in Naval Singh (supra) was treated as per-incuriam in
Nathulal Vs. State of Rajasthan (supra).
18. This court finds that ... According to Blacks' Law Dictionary (Edition) per-incuriam
means through inadvertence. The doctrine of per-incuriam is that
a decision is to be treated
judgement relied on by the counsel for the respondents is
per incuriam. In light of the judgement passed by the Apex
Court in the case ... Niranjan Singh
per incuriam, and equally importantly, to which
previous judgment. An earlier judgment cannot
possibly be seen as per incuriam a later judgment
