Textiles (1989)1 L.L.J. 588, be characterised as one per incuriam or "obiter dicta", as opined by the Division Bench ... Full Bench is thrown over-board with the label per incuriam and brushed aside as 'obiter dicta' by a Division Bench
Therefore, it can be concluded that such decisions have been rendered per
incuriam.
21. What is the effect of a decision, which is rendered per ... Verma case shall have to be treated as
having been rendered per incuriam, as no reference was made to the prescription
in Section 439 requiring
follow any decision, if he is satisfied that the decision is per incuriam, the learned Principal Sessions Judge, Chennai, following a Full Bench decision ... well considered judgment of the learned Judge, cannot be termed as per incuriam. She also placed reliance on a decision of this Court in Kumar
without any citation on authority, is
Per Incurium.
24. Per incuriam means of decision of its own or of a Court of co-
ordinate ... correct, but cannot be said to be per
incuriam.
25. The literal meaning of the expression "per in curiam" is "through want
Honourable Apex Court was
held to be a judgment in "per incuriam" as per the judgment of the Honourable
Supreme Court in Swiss ... opinion, judgment in N.Radhakrishnan's case is
per incuriam on two grounds; Firstly, the judgment in Hindustan Petroleum
Corpn. Ltd., though referred
Thalapathi Parthiban vs ) The Superintending Engineer on 10 July, 2013
Author: S.Manikumar
Bench: S
Further, it is submitted that it is not a case of per incuriam since the order passed by the Division Bench of this Court ... directions and therefore the decision of the Division Bench is not per incuriam. In this regard, the learned Additional Advocate General made reference
entire reasoning and renders it per incuriam on the ground that it runs
counter to the express provisions of the statute and the Rules ... 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
2891 of 2013 and
the said decision is per incuriam, as the same was given in ignorance of the
terms of a Statute or Rule ... rule, namely, that Courts are not bound to follow
decisions reached per incuriam.”
The proposition that a decision per incuriam need not be
followed
impropriety. The order dated 18.05.1993 passed by this Court is only per incuriam and this Court is not bound by it. Further more, the decision ... learned Predecessor was no order at all, as per the concept "per incuriam." That concept per incuriam emerges only under law of precedents
