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
M/S. Vireet Investment Pvt. Ltd., New ... vs Acit, New Delhi on 16 June, 2017
hand, we reiterate is Niranjan Singh.
Rule of Precedent & Per Incuriam:
13. The Constitution Bench in Union of India vs Raghubir Singh ... disqualification or diminution of a decision on the
application of the per incuriam rule is of great importance, since without
it, certainty of law, consistency
Presently, we shall proceed to deal with the concept of per incuriam.
In A.R. Antulay v. R.S. Nayak [35], Sabyasachi Mukharji ... while dealing with the said concept, had observed
thus: -
“42. … ‘Per incuriam’ are those decisions given in ignorance or
forgetfulness of some inconsistent statutory provision
case of Ramkrit
Singh (supra) is not binding, having been rendered per incuriam .
We quote the relevant paragraph 78A which reads as follows ... authorities. The said observations
must be held to have been rendered per incuriam
in as much as in the cases where the jurisdiction
bound by its earlier decision--Stare decisis--doc-
trine of.
Decision per incuriam--meaning and effect of non refer-
ence to an earlier larger bench ... decision of Supreme
Court--Subsequent decision of Supreme Court will be per
incuriam only if the ratio of the earlier decision is in
conflict with
that McDermott case ( supra) and the Three
Circles case (supra) were per incuriam in holding that interest awarded on
the principal amount upto the date ... Three Circles case ( supra) and the McDermott case
(supra) to be per incuriam in holding that interest awarded on the
principal amount upto the date
ignorance of it subsequent decisions
have been rendered, the concept of per incuriam would come into
play. In this context, it is useful to refer ... Lordship then was), while dealing with the concept of per
incuriam, had observed thus:-
""Per incuriam" are those decisions given in
ignorance
then submitted that the
judgment in Bhanumati & Ors. (supra) is per incuriam as the
issue with regard to the reservation had not been
considered ... Bhanumati & Ors. (supra) is
mostly “obiter”. It is also per incuriam as reservation for
Scheduled Castes and Scheduled Tribes had not been taken
into
such the same
judgment was rendered `per incuriam'.
19. Learned senior counsel further submitted that
another Division Bench of this Court in a case ... contention that the decision in Va Tech (supra) was
rendered per incuriam.
23. If this Court looks at Section
