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judgment in Sachin Nikam's case is also
sub-silentio on this ground. In support of his contention that
"punishable ... Sachin Nikam's case was neither per
incurriam nor sub-silentio. In-camera statements could be relied upon
even without
Bombay High Court
said decision was rendered sub-silentio, having not considered, the
provisions of the note of HSN classification in regard ... case
(Supra) also suffers from infirmity since that was sub-silentio for the
following reasons:
(a) Relevant provisions
Customs, Excise and Gold Tribunal - Calcutta
page 153 it is opined that "A decision passed
sub-silentio, in the technical sense that has come ... point B. Point B
is said to pass sub-silentio".
"A good illustration is Gerard v Worth of Paries
Customs, Excise and Gold Tribunal - Delhi
position of
subordinate Court's casual observations, generalisations and
sub-silentio determinations must be judiciously read by Courts
Madhya Pradesh High Court
higher tiers;
(d) where a decision which passes sub-silentio, that is when the
particular point of law involved ... force of a statute. In regard to concept of
sub-silentio, the Court cited the following passage from Salmond
Karnataka High Court
Bombay High Court
Hind Rubber Industries Pvt. Ltd. vs Tayebhai Mohammedbhai ... on 3 July, 1996
Bombay High Court
page 153 it is opined that
'A decision passed sub-silentio, in the technical sense that has
come ... point B. Point B is said to pass
sub-silentio'."
"A good illustration in Gerard v. Worth of Paries
Customs, Excise and Gold Tribunal - Delhi
Gurnam Kaur (supra) cannot be attracted.
Principle of sub-silentio:
5. The next contention that wa raised by Mr. Maitra ... State of Bihar,
on the rule of sub-silentio. In Amit Das (supra)
(para-20), it was held that
Calcutta High Court
another ((1991) 4 SCC 139) explaining the rule of
sub-silentio and also adverting to the guidelines given in
Jaisri ... Constitution of India." The rule of sub-silentio as
explained by Salmond on Jurisprudence which reads "
Kerala High Court
view of the Doctrine of
per incuriam and sub-silentio as such, this case may not be taken ... they come under the
Doctrine of per incuriam and sub-silentio for the reason that the
material provisions of Specific
Karnataka High Court
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