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laid down in
Sibbia's case (supra) are per incuriam. He also submitted that
in case the conflict between ... subsequent
decisions must be held to be per incuriam and hence not binding
since they have not taken into account
Supreme Court of India
earlier decision--Stare decisis--doc-
trine of.
Decision per incuriam--meaning and effect of non refer-
ence to an earlier ... Supreme
Court--Subsequent decision of Supreme Court will be per
incuriam only if the ratio of the earlier decision
Supreme Court of India
behalf of the respondent
that these judgments are `per incuriam on the ground that
they hold 25.1.1996 as the date ... have to be corrected
as the decision would be `per incuriam. Punjab Land
Development & Reclamation Corporation Ltd. Chandigarh
Supreme Court of India
Ramkrit
Singh (supra) is not binding, having been rendered per incuriam .
We quote the relevant paragraph 78A which reads ... said observations
must be held to have been rendered per incuriam
in as much as in the cases where
Supreme Court of India
three
appeals, that the earlier adjudication was a judgment per
incuriam and, therefore, was not binding either on the)
appellants ... give
rise to any question of a judgment given per incuriam.
[835E; 837B-C]
Cassel & Co. Ltd. v. Broome
Supreme Court of India
characterised as one
per incuriam or "obiter dicta", as opined by the Division Bench of
this Court in A.Natarajan ... Full Bench is thrown over-board with the label per
incuriam and brushed aside as 'obiter dicta' by a Division
Madras High Court
Supreme Court of India
Subhash Chandra & Anr. vs Delhi Subordinate Ser.Sel.Board ... on
Supreme Court of India
supra) appears to be in our humble
understanding, per incuriam. In the case of Paras Laminates (P) Ltd.
(supra ... silentio, and
(v) when it is rendered per incuriam.
In paragraph 578 at page 297 of Halsbury's Laws
Income Tax Appellate Tribunal - Mumbai
26872 of 1996 in the same proceedings, is per incuriam -
for the learned Judges have not considered the clause ... fundamental rights and principles of natural justice and per
incuriam were without jurisdiction and nullity - Such directions
even if subsequently
Andhra High Court
possible argument based on the principle
of 'per incuriam' has relied on the following observations of the
Allahabad Full Bench ... decision of
concurrent Courts that the doctrine of per incuriam can be applied.
Thus, the law declared by the Supreme
Andhra High Court
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