point B. Point B is said to pass sub silentio."
The rule that a precedent sub-silentio is not authorities goes
back at least ... said: " An hundred precedents
sub silentio are not material" ; and Twisden, J. agreed :
"Precedents sub silentio and without argument
Court
in K. Ramachandra Rao's case (supra) was rendered sub-silentio i.e. no argument was
made with regard to the requirement ... Counsel said : 'An hundred precedents sub-silentio are not
material'; and Twisden J agreed : 'precedents sub-silentio and without argument
B.Janakiram vs The State Of Tamilnadu on 4 January, 2017
Bench: S.Manikumar , M
Carlsberg Breweries A/S vs Som Distilleries And Breweries Limited on 2 May, 2017
Equivalent
decision of ITAT is not binding on CIT(A) as rule of
sub-silentio is applicable ( Shanmugavel Nadar Vs. State of Tamilnadu
& another
Jurisprudence 12th Edition
"The rule that a precedent sub silentio is not
authoritative goes back at least to 1661(m) when ... silentio are not material, and Twisden J agreed:
'precedents sub-silentio and without argument are of
no moment'. This rule has ever since
binding precedent. It falls in the category of a decision passed sub-silentio as observed in the decision of the Apex Court in the case ... Supreme Court therein that a decision passed sub-silentio, in the technical sense that has come to be attached to that phrase, when the particular
Braithwaite Burn & Jessop Construction ... vs Indo Wagon Engineering Ltd on 28 June, 2017
Equivalent
Bihar Distillers & Bottlers Pvt. Ltd vs The State Of Bihar & Ors on 3
precedents. It has been explained as rule of sub-silentio. "A
decision passes sub-silentio, in the technical sense that has come
