explains
the concept of sub silentio at p. 153 in these words:
"A decision passes sub silentio, in the
technical sense that has come ... precedents. It has been explained as rule of sub-
silentio. "A decision passed sub-silentio, in
technical sense that has come to be attached
rule of precedents. It
has been explained as rule of sub-silentio.
A decision passed sub-silentio, in the
technical sense that has come ... Kaur reported in
AIR 1989 SC 38, while considering the doctrine of sub-silentio
had held:
"In Gerard v. Worth of Paris
learned counsel for the petitioner relied on the Doctrine of Sub
silentio to submit that the issue now raised was not raised before ... precedents. It has been explained as rule of sub-silentio. "A
decision passes sub-silentio, in the technical sense that has
come
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
Karnataka High Court in K.
Ramchandra Rao (supra) was rendered sub-silentio i.e. no
argument was made with regard to the requirement of deposit ... Jurisprudence 12th Edition : "The rule
that a precedent sub silentio is not authoritative goes back at
least to 1661(m) when Counsel said
that the decision of Hon'ble High Court appears to be sub-silentio.
On the other hand I find that ... rendered by Hon'ble Karnataka High
Court appears to be sub-silentio and that the obiter dicta in cases of State Bank of
India
case Vinay Cements Ltd fall in the category of sub-
silentio decision as the issue in the case of Vinay Cemnts Ltd was
pertaining ... Employers
contribution to PF/ESIC and not the Employees contributions. Thus,
such sub-silentio decisions loose binding precedence . In view of
these discussions, I hold
silentio at p.
153 in these words:
"A decision passes sub silentio, in the technical sense
that has come to be attached to that ... rule
of precedents. It has been explained as rule of sub-
silentio. A decision passed sub-silentio, in the technical
sense that has come
question which was not raised or considered. A sub-silentio
order or assumption in disregard of a clear and unambiguous
statutory provision
such judgment is not the ratio decidendi. This is the rule of sub-silentio, in
the technical sense when a particular point
