State Of U.P. And Anr vs M/S. Synthetics And Chemicals Ltd. And ... on 18 July, 1991
Further, approving the decision of this Court in MCD v.
Gurnam Kaur [MCD v. Gurnam Kaur, (1989) 1 SCC 101] which held
that "precedents sub silentio and without argument are of no
moment" this Court held [State of U.P. v. Synthetics & Chemicals
Ltd., (1991) 4 SCC 139 : (1992) 87 STC 289] that : (Synthetics &
Chemicals case [State of U.P. v. Synthetics & Chemicals Ltd.,
(1991) 4 SCC 139 : (1992) 87 STC 289], SCC p.163, para 41)
"41. ... 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