held that 'Precedents sub-silentio without argument are of no moment'
In this connection the elucidation of principle of sub-silentio by Salmonds ... 12th Edition at page-153 is set out:
A decision passes sub-silentio, in the technical sense that has come to be attached to that
BLJR 662 has no binding precedent. It was a decision sub-silentio and for this petitioners counsel has placed reliance on 1990 ( 1) BLJR ... wherein it has been held that a decision passes sub-silentio, in the technical sense that has come to be attached to that phrase, when
12th Edn. explains the concept of Sub-silentio at p. 153 in these words :
"A decision is passed sub-silentio, in the technical sense ... authority on point B. Point B is said to pass sub-silentio.
In Gerard v. Worth of Paris
precedents. It
has been explained as rule of sub-silentio. "A
decision passes sub-silentio, in the technical sense
Patna High Court ... growth
of law.
The decisions 'sub-silentio' and 'per incuriam' are
not binding. Sub-silentio decisions flow when the
particular point
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
held that 'Precedents sub-silentio without argument are of no moment.'
In this connection the elucidation of principle of sub-silentio ... 12th Edition at page-153 is set out.
A decision passes sub-silentio, in the technical sense that has come to be attached to that
passed in ignorance of the relevant provisions of law and thus being sub-silentio cannot be relied upon or followed by any Court ... provision of law and this fuffers from the vice of being sub-silentio and cannot be relied upon and followed by any Court
appropriate wherein the settled principle of precedents and the
concept of sub-silentio has been explained in the following terms:-
"41. Does this principle ... precedents. It has been explained as rule of sub-silentio. "A
decision passes 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 ... growth
of law.
The decisions 'sub-silentio' and 'per incuriam' are
not binding. Sub- silentio decisions flow when the particular
point
precedents. It has been explained
as rule of sub-silentio. "A
decisions passes sub-silentio, in
the technical sense that has come ... Municipal Corporation of
Delhi v. Gurnam Kaur . The Bench
held that, „precedents sub-silentio
and without argument are of no
moment‟. The courts thus have
