judgment in Sachin Nikam 's case is also sub-silentio on this ground. In support of his contention that "punishable" means ... precedents. It has been explained as rule of sub-silentio. " A decision passes sub-silentio, in the technical sense that has come
rule of precedents. It has been explained as rule of sub-silentio.
A decision passes sub-silentio, in the technical sense that has come ... counsel said: "An hundred precedents sub-silentio are not material"; and Twisden, J., agreed: "Precedents sub-silentio and without argument
orders and judgments, for the simple reason that all of them are
sub-silentio, as they have all failed to take into account the fact ... preposition of law was not noticed or/and had been left sub-silentio by
the Punjab & Haryana High Court while deciding the case before
contended that the learned Arbitrator
has not considered the doctrine of Sub-Silentio and has erred
in holding that the tribunal has no jurisdiction ... after 31/03/2017, there is
implied extension and doctrine of Sub-Silentio applies and all
the terms and conditions of the expired agreement continued
supplies
being made after the commencement of the Act.
Binding precedent or sub-silentio
44) However, the learned Senior Counsel appearing for the suppliers, Shri
position of subordinate Court's casual observations, generalisations and sub-silentio determinations must be judiciously read by Courts of co-ordinate jurisdiction
said judgment were per incuriam and suffer from vice of sub-silentio decision. In support of this contention, the learned counsel relied upon the decisions ... precedents. It has been explained as rule of sub-silentio. "A decision passes sub-silentio, in the technical sense that has come
another ((1991) 4 SCC 139) explaining the rule of
sub-silentio and also adverting to the guidelines given in
Jaisri Sahu v. Rajdewan Dubey ... India." The rule of sub-silentio as
explained by Salmond on Jurisprudence which reads "A
decision passes sub-silentio, in the technical sense
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
sub-silentio, the Court cited the following passage from Salmond on Jurisprudence (12th Edition, page 153) with approval, after observing decisions "sub-silentio ... authority and were not binding as precedents:
"A decision passes sub-silentio, in the technical sense that has come to be attached to that
