being made after the commencement of the Act.
Binding precedent or sub-silentio
44) However, the learned Senior Counsel appearing for the suppliers, Shri
Rakesh
noticing Memorandum Gamma dated July 21, 1990,
and with it passing sub silentio, the Hon'ble Division Bench presided over by the
Chief Justice ... other things,
Memorandum Gamma herein dated July 21, 1990 had passed sub silentio.
32. Though the judgment and order dated September 25, 2000 sometimes
appears
points raised and argued and applying the doctrine of sub silentio, it cannot be said that even the points which were not argued or discussed ... subsequent amendment made to Section 13 of the SARFAESI Act, by introducing sub-section 3-A, and various other judgments in United Bank of India
Philip Jeyasingh vs The Joint Registrar Of Co-Operative ... on 22 January, 1992
Equivalent citations
judgment in Sachin Nikam 's case is also sub-silentio on this ground. In support of his contention that "punishable" means ... Sachin Nikam 's case was neither per incurriam nor sub-silentio. In-camera statements could be relied upon even without registering the FIR. Therefore
Division Bench and Single Bench of the High Court were passed sub silentio or be treated as given per incuriam and when there is basic ... part of this judgment, the said judgments and orders were passed sub silentio, should be treated as given per incuriam and there were basic mistake
expression in Sri Vallabharayeswara Swamy Temple supra is hit by sub
silentio based on the principle laid down in M/s A-One Granites ... hold any expression not binding on the principle of sub-
silentio.
12(a). In M/s A-One Granites it was held as follows:
This
point involved here is concerned, must be held to pass sub silentio. It would, therefore, not be binding precedent as later explained in this judgment
judgment is not the ratio decidendi. This is the rule of sub silentio, in the technical sense when a particular point ... rule of precedents. It has been explained as rule of sub-silentio. A decision passes sub-silentio, in the technical sense that has come
this case only, reference is made to the doctrine of sub
silentio. In this regard, the view of Professor P.J. Fitzgerald is noted
where ... this concept is explained as under:-
"A decision passes sub silentio, in the technical sense
that has come to be attached to that phrase
