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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Doctrine of Sub Silento - The doctrine of sub silento refers to a legal principle where a decision is considered to have been made without perception or awareness of a particular point of law involved in the case. This occurs when the court, in its judgment, does not perceive or consider a specific legal issue, effectively leaving that point unexamined or unnoticed ["Tek Chand Agrawal VS State Of Uttar Pradesh - Allahabad"], ["Jagdish Prasad VS Passenger Tax officer - Allahabad"], ["Commissioner of Central Excise, Mumbai VS Urison Cosmatics Ltd. - Custom Excise And Service Tax Appellate Tribunal"].
Main points and insights:
The doctrine is relevant in the context of precedent, as decisions sub silento may be distinguished from those that explicitly consider all relevant legal issues, affecting their binding authority ["Tek Chand Agrawal VS State Of Uttar Pradesh - Allahabad"], ["Commissioner of Central Excise, Mumbai VS Urison Cosmatics Ltd. - Custom Excise And Service Tax Appellate Tribunal"].
Analysis and conclusion:
References:- ["Tek Chand Agrawal VS State Of Uttar Pradesh - Allahabad"]- ["Jagdish Prasad VS Passenger Tax officer - Allahabad"]- ["Commissioner of Central Excise, Mumbai VS Urison Cosmatics Ltd. - Custom Excise And Service Tax Appellate Tribunal"]
In the intricate world of legal precedents, not every judicial remark carries the weight of binding authority. Have you ever wondered, what is the doctrine of sub silentio? This principle plays a pivotal role in determining whether a court's decision truly sets a mandatory precedent. It ensures that only thoroughly considered legal points bind future cases, safeguarding the evolution of law through deliberate reasoning.
This blog post delves into the doctrine's definition, key elements, supporting case law, and practical applications, drawing from authoritative sources. Whether you're a law student, practicing attorney, or curious about jurisprudence, understanding sub silentio can sharpen your approach to precedents.
The doctrine of sub silentio refers to a principle in legal jurisprudence whereby a decision or statement by a court is considered to have been made without explicit consideration or discussion of a particular point of law, because that point was not perceived, argued, or present to the court's mind at the time of decision. Such decisions are not regarded as binding or authoritative on the unconsidered point. Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - 2012 4 Supreme 369
In essence, sub silentio (Latin for under silence) applies when a court passes over a legal issue silently—without argument, citation of authority, or full deliberation. These obiter dicta or unexamined points do not form part of the ratio decidendi, the binding core of a judgment. Foreshore Co-operative Housing Society Limited VS Praveen D. Desai (Dead) thr. Lrs. - 2015 3 Supreme 330
As explained in Salmond on Jurisprudence, a decision passes sub silentio when the particular point of law involved in the decision is not perceived by the Court or present to its mind. Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - 2012 4 Supreme 369JAGDISH PRASAD VS PASSENGER TAX OFFICER, MATHURA - 2000 Supreme(All) 188
Here are the foundational aspects:
The ratio decidendi—the legal principle upon which a judgment is based—is what binds lower courts. When a point slips by sub silentio, it falls outside this ratio. Courts emphasize that precedents sub silentio and without argument are of no moment. One chief reason for the doctrine of precedent is that a matter fully argued and decided should not be reopened. Collage Estates Pvt. Ltd. VS Blue Star Ltd. - 2018 Supreme(Del) 1459
In Municipal Corporation of Delhi v. Gurnam Kaur, the Supreme Court clarified: Precedents sub silentio and without argument are of no moment. Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - 2012 4 Supreme 369 This underscores judicial discipline, preventing inadvertent points from stifling legal growth.
Several cases highlight the doctrine's application:
These examples show courts routinely invoking the doctrine to distinguish non-binding precedents. Maharashtra Public Service Commission VS Sunil Santosh Pawar - 2018 Supreme(Bom) 1706
The doctrine maintains integrity by ensuring precedents stem from full consideration. It prevents casual remarks from binding future cases, allowing law to evolve. For instance:
Typically, sub silentio decisions remain persuasive if later explicitly considered, but not authoritative initially. This fosters fair argumentation in courts. Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - 2012 4 Supreme 369
While powerful, the doctrine has boundaries:
Courts may still consider such decisions persuasively post-deliberation.
The doctrine of sub silentio upholds the quality of judicial precedents, ensuring only deliberated law binds. Key takeaways:
This post provides general information on legal principles and is not specific advice. Consult a qualified attorney for your circumstances. References include Purbanchal Cables & Conductors Pvt. Ltd. VS Assam State Electricity Board - 2012 4 Supreme 369, Foreshore Co-operative Housing Society Limited VS Praveen D. Desai (Dead) thr. Lrs. - 2015 3 Supreme 330, and others cited.
#SubSilentio, #LegalPrecedent, #JudicialDoctrine
The decision in Gopal Krishna Goel was consequently given sub-silento. ... 11. ... The principle of a decision sub-silento has been followed in our Courts too vide Chandulal v. Babulal AIR 1952 MB 171 (FB). Yeshbai and Another Vs. ... In 'Salmond on Jurisprudence', 12th Edn, the meaning of a decision sub-silent has been explained as follows: ... A decision passes sub-silento when the particular point of law involved in the decision is not perceived by the court or pre....
Point B is said to pass sub-silento. 20. An illustration of a decision sub-silento is Gerard v. ... In 'Salmond on Jurisprudence'. 12th Edn. the meaning of a decision sub-silento has been explained as follows : A decision passes sub-silento when the particular point of law involved in the decision is not perceived by the Court or is present to its mind. ... In my opinion the decision in Mahboob Hasan's case (supra) is not only per incuriam but is al....
Point B is said to pass sub-silento. "..............Precedents sub silento and without argument are of no moment. This rule has ever since been followed. ... "A decision passes sub silento, in the technical sense that has come to be attached to that phrase, when the particular point of law involved in the decision is not perceived by the court or present to its mind. ... One of the chief reasons for the doctrine of precedent is that a matter that has once been fully ....
Learned counsel for the petitioners, in rejoidner, raised serious objections to the plea raised by the respondents claiming the orders in the cases of Samleta (supra) and Rekha Kumari (supra), as sub-silento. ... silento, the attempt made cannot be accepted. ... silento, the issue raised in the present form is being decided. ... Further submissions have been made that the order passed in the case of Rekha Kumari (supra) also suffers from the same aspect of sub-silento, as the Court did....
LJ 1026) (supra) is not only per incuriam but is also sub-silento. ... Point B is said to pass sub-silento. " ... ... ( 20 ) AN illustration of a decision sub-silento is Gerard v. ... ... ( 19 ) IN salmond on Jurisprudence 12th Edn. the meaning of a decision sub-silento has been explained as follows:"a decision passes sub-silento when a particular point of law involved in the decision is not perceived by the Cour....
of the Rules of 2011, even in cases where the employees ), for which on one ) also suffers from the same (supra), as sub-silento ... - silento.
of the Rules of 2011, even in cases where the employees ), for which on one ) also suffers from the same (supra), as sub-silento ... - silento.
of the Rules of 2011, even in cases where the employees ), for which on one ) also suffers from the same (supra), as sub-silento ... - silento.
of the Rules of 2011, even in cases where the employees ), for which on one ) also suffers from the same (supra), as sub-silento ... - silento.
of the Rules of 2011, even in cases where the employees ), for which on one ) also suffers from the same (supra), as sub-silento ... - silento.
To that extent, the view in Patil (supra) is per incuriam or sub silento. For all these reasons, the learned counsel for MPSC submit that the view in Dubewar (supra) may be preferred over Patil (supra). However, Patil (supra) was decided without noticing Dubewar (supra).
"A decision passes sub silentio, in the technical sense that has come to be attached to that phrase, when the particular point of law involved in the decision is not perceived by the Court or present to its mind...............” The Court further went on to observe, "Precedents sub silento and without argument are of no moment. One of the chief reasons for the doctrine of precedent is that a matter that has once been fully argued and decided should not be allowed to be reopened.
It is essential to adumbrate the doctrine of sub silentio. "In Gerard v. Worth of Paris Ltd. (K), (1936) 2 All ER 905 (CA) nevertheless, since it was decided "without argument, without reference to the crucial words of the rule, and without any citation of authority", it was not binding and would not be followed. The Hon'ble Supreme Court in Municipal Corporation of Delhi v. Gurnam Kaur, (AIR 1989 SC 38) observed thus:
In the instant case the Division Bench in The Secretary of the Managing Committee, Kalinagar Girls' High School, Nadia v. Archana Ghosh (Saha) and Ors. (supra) was in total oblivion of the Rule 8(5)(a) of the West Bengal Schools (Recruitment of Non-Teaching Staff) Rules, 2005 and came to a conclusion, which was bereft of appreciation of the said Rules. Those are doctrine of per inquirrium and sub silentio. In Municipal Corporation of Delhi v. Gurnam Kaur reported in (1989)1 SCC 101, a Three Judge Bench of Supreme Court speaking through Sen, J. while quoting Professor P.J. F....
We are in agreement with the submissions of learned senior counsel Dr. Singhvi and Shri Rakesh Dwividi that those decisions are clearly distinguishable on the facts of each case as they relate to transfer from one Tribunal to another and not from a civil court to a Tribunal. The provisions of the Code of Civil Procedure had not been adverted to. It has also been pointed out by Mr. Dwividi that reliance placed by Mr. Desai on the cases cited by him and referred to herein is misleading as the Head Notes of those cases are misleading. The power of transfer under Section 25 of the Code....
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