dealt with the
issue in the light of the rule of sub-silentio. The question posed
was: can the decision of an Appellate Court ... held that the rule of sub-
silentio, is an exception to the rule of precedents. "A decision
passes sub-silentio, in the technical sense
rule of precedents. It has been explained as rule of sub-silentio. A decision passed sub-silentio, in the technical sense that has come ... Gumam Kaur , [1989] 1 SCC 101. The Bench held that, 'precedents sub-silentio and without argument are of no moment'. The Courts thus
advanced by the Department
that the said judgment of the Tribunal is sub-silentio is incorrect. In
the said case, the Tribunal has observed that
advanced by the Department
that the said judgment of the Tribunal is sub-silentio is incorrect. In
the said case, the Tribunal has observed that
introduced by the state of Maharashtra and the said case is sub-silentio in respect of the Maharashtra Incentive Scheme. It was submitted that ... particular matter is not discussed upon is said to be passed sub-silentio in respect of that particular mater and cannot be relied
advanced by the Department
that the said judgment of the Tribunal is sub-silentio is incorrect. In
the said case, the Tribunal has observed that
advanced by the Department
that the said judgment of the Tribunal is sub-silentio is incorrect. In
the said case, the Tribunal has observed that
learned Supreme Court and, therefore, it is sub silentio. As
to what would constitute sub silentio we would gainfully refer
from Solmond on Jurisprudence, Twelfth ... Point B is said to pass
sub silentio."
12. Can it be said that this issue was sub-silentio and not
under consideration
Bharti Airtel Ltd. He would submit that GTL Infrastructure Ltd. judgment is sub-silentio and hence does not have any precedential value and the Reliance
order was passed. It is his contention that the order is sub-silentio, hence, cannot be considered a binding precedent; therefore, this Tribunal is free
