court or present
to its mind, the decision passes of as sub-silentio and has no precedentary
value. The relevant portion of the said judgment ... 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 ... Bench held that 'precedents sub-silentio and without any arguments arc of no moment'. The Courts thus have taken recourse to this principle
been explained as rule of
hy
sub-silentio. âÂÂA decision passes sub-silentio, in the technical
sense that has come ... Delhi v. Gurnam Kaur . The Bench held that,
ou
'precedents sub-silentio and without argument are of no moment'.
The Courts thus have
been considered in
Bharat Kale and Japani Sahoo. They are sub-silentio in this
regard. ( Municipal Corporation of Delhi V. Gurnam Kaur [17]).
They have
made
the following submissions:
6.1 This Court in Mohan Lal (supra) proceeded sub-silentio Section 157 of
the Code of Criminal Procedure under which investigation
Mohd. Kasim Mohd Hasim Shaikh vs The State Of Maharashtra And Anr on 3 June
question which was not
raised or considered. A sub-silentio order or
assumption in disregard of a clear and
unambiguous statutory provision
precedents. It has been explained as rule of sub-silentio. "A
decision passes sub-silentio, in the technical sense that has come
Apex Court also interfered with the order as it was passed sub-silentio as to the reasons or the considerations were irrelevant and not germane
question which was not raised or considered. A sub-silentio order or assumption in disregard of a clear and unambiguous statutory provision
