Per Incuriam - Law Dictionary Search Results
Home Dictionary Name: per incuriamPer 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)....
Per incuriam decision
Per incuriam decision, means through inadvertence. It happens when the Supreme Court acts in ignorance of a previous decision of its own or when a High Court acts in ignorance of a decision of the Supreme Court, Punjab Land Development and Reclamation Corporation Ltd. v. Presiding Officer, Labour Court, (1990) 3 SCC 682....
Incuria
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...
Precedent
Precedent, a decision is a precedent of its own features. Further, the enunciation of the reason or principle on which a question before a court has been decided is alone binding as a precedent, Uttaranchal Road Transport Corporation v. Mansaram Nainwal, (2000) 6 SCC 366.A precedent acquirers added authority from lapse of time, the longer a precedent has remained unquestioned, the more hard it becomes to reverse it. The courts has to adopt a construction of law, which would inevitably result in upsetting titles long founded on the contrary view, Pratap Bahadur Sahi v. Lakshmidhar Singh, AIR 1946 PC 189: 73 IA 231; Vijaya Charari v. Khubchand, AIR 1964 SC 1099.Precedent, are not an immutable dogma. Courts may evolve principles which are applicable to the facts involved in each case, Rumana Begum v. Government of Andhra Pradesh, 1992 Cr LJ 3512.Means every judgment must be based upon facts, declared by the Indian Evidence Act, 1872 to be relevant and duly proved. But when a Judge, in dec...
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