Incuria - Definition - Law Dictionary Home Dictionary Definition incuria

Definition :

Incuria, literally means 'carelessness'. In practice per incuriam appears to mean per ignoratum. English courts have developed this principle in relaxation of the rule of stare decisis. The quotable in law is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority, Young v. Bristol Aeroplace Co. Ltd., (1944) 2 All ER 293: 1944 KB 718.

literally means 'carelessness', State of Uttar Pradesh v. Synthetics and Chemicals Ltd., (1991) 4 SCC 139.

literally means 'carelessness', Mayuram Subramanian Srinivasan, (2006) 5 SCC 752.

Incuria, literally means 'carelessness' . In practice per incuriam is taken to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law', as held in Young v. Bristol Aeroplane Co. Ltd., 1944 KB 718 is avoided and ignored if it is rendered 'in ignoratium of a statute or other binding authority'. Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution of India which embodies the doctrine of precedents as a matter of law, Nirmal Jeet Kaur v. State of Madhya Pradesh, (2004) 7 SCC 558 (565).