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
created as they come under the Doctrine of per incuriam and sub-silentio for the reason that the material provisions of Specific Relief ... Sub-Silentio' and Decision being per incuriam. If a decision falls within either of the two i.e. of sub-silentio
precedents. It has been explained
as rule of sub-silentio. "A decision passes sub-
silentio, in the technical sense that has come ... growth of law.
The decisions 'sub-silentio' and 'per incuriam' are not
binding. Sub-silentio decisions flow when the particular point
answer to the above controversy by adverting to the doctrine of sub-silentio. Professor P.J. Fitzgerald, Editor of the Sal-mond on Jurisprudence ... 12th edition explains the concept of sub-silentio at page 153 in these words.--
"A decision passes sub-silentio, on the technical sense that
been laid by the parties.
35. Invoking the principle of sub-silentio, Sri Soli J. Sorabjee, Attorney General appearing for the petitioners argued that the directions ... Tribunal then the same would be hit by the principle of sub-silentio. For this he placed reliance upon the judgment of the Supreme Court
Another9 while dealing with the law of
ratio and sub-silentio, the Hon'ble Supreme Court in
para 5 of the judgment held ... rule of precedents.
It has been explained as rule of sub-silentio. A
decision passed sub-silentio, in the technical sense
that has come
precedents. It has been explained as rule of sub-silentio. "A decision passes sub-silentio, in the technical sense that has come ... Corporation of Delhi v. Gurnam Kaur . The bench held that, 'precedents sub-silentio and without argument are of no moment'. The courts thus
12th Edition, explains the concept of sub-silentio at page 153 in these words:
"A decision passes sub-silentio, in the technical sense that ... said to be a binding precedent as it suffers from doctrine of sub-silentio and per incurium.
21. Sri Mohandas N. Hegde, learned Counsel nextly
precedents. It has been explained as rule of sub-silentio. "A decision passes sub-silentio, in the technical sense that has come ... Corporation of Delhi v Gurnam Kaur . The Bench held that, 'precedents sub-silentio and without argument are of no moment'. The Courts thus
K Thirumalesh vs State Of Karnataka on 16 August, 2019
Equivalent citations: AIRONLINE 2019 KAR
