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
decision
rendered per incuriam in the context of the principle of
sub-silentio observed as under:
"41. Does this principle extend and apply ... assessee on 23.09.2008, the
Court on applying the Rule of Sub-silentio has held that a
particular point of law involved in the decision when
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
Courts more out of
consent, in any view, orders were passed sub-silentio insofar as the question
of power of the Board/CEO to conduct ... decision on the basis of concession or that which passes sub-
silentio would not constitute precedent. In this regard, it may be relevant to
refer
decision
rendered per incuriam in the context of the principle of
sub-silentio observed as under:
"41. Does this principle extend and apply ... rule of 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
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 have
down that the decision
in Chamariya (supra) suffered from the
doctrine of sub-silentio on the issue whether
Section 5 of the Limitation Act would
question which was not
raised or considered. A sub-silentio order or assumption in disregard of a clear and un-
ambiguous statutory provision
United India Insurance Co. Ltd vs Guddi Devi And Ors on 3 February, 2023
Neutral
