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Dandugula Susheela vs The State Of Telangana on 4 March, 2022 cites

Municipal Corporation Of Delhi vs Gurnam Kaur on 12 September, 1988

It was approved by this Court in MCD v. Gurnam Kaur MANU/SC/0323/1988: (1989) 1 SCC 101. The Bench held that, 'precedents sub silentio and without argument are of no moment'. The courts thus have taken recourse to this principle for relieving from injustice perpetrated by unjust precedents. 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 141. Uniformity and consistency are core of judicial discipline. But that which escapes in the judgment without any occasion is not ratio decidendi.
Supreme Court of India Cites 17 - Cited by 817 - A P Sen - Full Document

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 Lancaster Motor Co. (London) Ltd. v. Bremith Ltd. (1941) 1 KB 675 : (1941) 2 All ER 11 (CA), 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 passed sub 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; nevertheless, 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 ever since been followed. One of the chief reasons for the doctrine of precedent is that a matter that has once been fully argued and decided should not be allowed to be reopened. The weight accorded to dicta varies with the type of dictum.
Calcutta High Court Cites 6 - Cited by 326 - Full Document
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