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
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
precedent as it is a decision of sub-silentio. The principle of sub-silentio applies where the case is fully argued and a decision sub ... silentio cannot be regarded as a precedent and/or cannot claim to be an authority. A decision of sub-silentio cannot be regarded
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
