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London Investment And Mortgage Co. Ltd. vs Inland Revenue Commissioners. London ... on 6 December, 1956

When, therefore, this very point was argued in a subsequent case before the Court of Appeal in Lancester Motor Co. (London)Ltd. v. Bremith Ltd., (1941) 1 KB 675, the Court held itself not bound by its previous decision, Sir Wilfrid Greene, M.R., said that he could not help thinking that the point now raised had been deliberately passedsub silentio by counsel in order that the point of substance might be decided. 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; never theless,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. Precedents sub silentio and without argument are of no moment. This rule has even since been followed."
Calcutta High Court Cites 6 - Cited by 326 - Full Document
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