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Documents citing Kameshwar Pd. Mishra & Ors vs State Of Bihar on 26 August, 2014

Sudha Devi And Ors vs Neeraj Kumar And Ors on 21 August, 2025

28. Mr. Trivedi further submitted that if the fact comes to the notice of this Court, this Court is empowered to declare these decisions per incurium. The learned senior counsel referred to the decision of the learned Single Judge of this Court in the case of Dr. Mithilesh Kumar vs. State of Bihar & Anr., reported in 1999(2)PLJR 259, wherein the learned Single Judge considering a Division Bench judgment of this Court in Kameshwar Pd. vs. State of Bihar in CWJC No. 4096/1995 concluded that the matter was not considered by the Division Bench in its proper perspective and having regard to the law laid down by the Hon'ble Supreme Court, the finding in the judgment of Kameshwar (supra) was recorded per incurium and was not binding precedent. The learned Single Judge further held that in all probabilities, the Division Bench would have followed the Supreme Court's judgments if its attention was drawn to these decisions. Thus, Mr. Trivedi submitted that the aforesaid judgments of three Benches of this Court will not have any binding effect being per incurium for not considering the law settled by the Hon'ble Supreme Court.
Patna High Court Cites 19 - Cited by 0 - A K Jha - Full Document

Most. Sudha Devi vs Ravi Pratap Singh on 21 August, 2025

28. Mr. Trivedi further submitted that if the fact comes to the notice of this Court, this Court is empowered to declare these decisions per incurium. The learned senior counsel referred to the decision of the learned Single Judge of this Court in the case of Dr. Mithilesh Kumar vs. State of Bihar & Anr., reported in 1999(2)PLJR 259, wherein the learned Single Judge considering a Division Bench judgment of this Court in Kameshwar Pd. vs. State of Bihar in CWJC No. 4096/1995 concluded that the matter was not considered by the Division Bench in its proper perspective and having regard to the law laid down by the Hon'ble Supreme Court, the finding in the judgment of Kameshwar (supra) was recorded per incurium and was not binding precedent. The learned Single Judge further held that in all probabilities, the Division Bench would have followed the Supreme Court's judgments if its attention was drawn to these decisions. Thus, Mr. Trivedi submitted that the aforesaid judgments of three Benches of this Court will not have any binding effect being per incurium for not considering the law settled by the Hon'ble Supreme Court.
Patna High Court Cites 19 - Cited by 0 - A K Jha - Full Document
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