Incuria - Law Dictionary Search Results
Home Dictionary Name: incuriaIncuria
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 inte...
Legalis homo
Legalis homo, a person who stands rectus incuria, neither outlawed, excommunicated, nor infamous....
Per incuriam
Per incuriam, are those decisions given in ignorance or forgetfulness of some inconsistent (sic) statutory provision or of some authority binding on the court concerned, so that in such case some part of the decision or some step in the reasoning on which it is based, is found, on that account to be demonstr-ably wrong, A.R. Antulay v. R.S. Nayak, (1998) 2 SCC 602: 1988 SCC (Cri) 372.Per incuriam, through want of care. An order of the Court obviously made through some mistake or under some misapprehension is said to be made per incuriam.Incuria literally means 'carelessness'. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it rendered, 'in ignoratium of a statute or other binding authority', Young v. Bristol Aeroplance Co. Ltd., foll.; State of Uttar Pradesh v. Synthtics and Chemicals Ltd., (1991) 4 SCC 139 (162)....
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