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
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
supra) and Gurnam Kaur (supra) cannot be attracted.
Principle of sub-silentio:
5. The next contention that wa raised by Mr. Maitra relying ... Arnit Das v. State of Bihar , on the rule of sub-silentio. In Amit Das (supra) (para-20), it was held that a decision
Babulal Meena vs State Of Raj And Ors on 30 November, 2017
Author: Ashok Kumar
present proceeding applying the well
13
recognized and accepted doctrine of sub silentio relying upon
judgments of the Supreme Court reported ... would not bind this Court in present proceeding,
applying doctrine of sub-silentio. In this background, this
Court is called upon to consider that even
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