AI Overview...
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Concept of Per Incuriam - Definition and Application
The term per incuriam literally means through inadvertence or carelessness. It refers to judicial decisions that are rendered without considering relevant statutory rules or binding precedents, thereby lacking legal correctness. Several sources emphasize that a decision is per incuriam when it overlooks statutory law or prior authoritative judgments, leading to its invalidity or non-binding nature. For example, in Keshri Industries Through Its Partner Satya Prakash Son of Shiv Basant Kumar Keshri vs THE STATE OF JHARKHAND - Jharkhand, the concept is discussed in relation to conflicting judgments, highlighting that a recent judgment may be per incuriam if it fails to adhere to established law. Similarly, S. K. Sharma VS Kendriya Vidhyalaya Sangathan through the Commissioner - Jharkhand states that a decision is per incuriam when it neglects statutory rules or law on the subject. -
Main Points and Insights
- The concept is rooted in the idea of judicial oversight or inadvertence, often involving failure to consider relevant laws or precedents (Keshri Industries Through Its Partner Satya Prakash Son of Shiv Basant Kumar Keshri vs THE STATE OF JHARKHAND - Jharkhand, S. K. Sharma VS Kendriya Vidhyalaya Sangathan through the Commissioner - Jharkhand).
- Courts have explicitly discussed whether particular decisions are per incuriam, often in the context of conflicting judgments or subsequent rulings (Vishwa Chandubhai Patel. VS Union Of India - Bombay, Devi Shankar VS Sub Divisional Officer, Baran - Rajasthan, State of U. P. VS Ajay Kumar Sharma - Supreme Court, State of U. P. VS Ajay Kumar Sharma - Crimes).
- The concept is primarily relevant in the context of law of precedents, where adherence to prior judgments is expected unless they are shown to be per incuriam (Keshri Industries Through Its Partner Satya Prakash Son of Shiv Basant Kumar Keshri vs THE STATE OF JHARKHAND - Jharkhand, K. Srinivasan VS Deputy Superintendent of Police CBI, SCB Chennai - Madras).
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Courts have rejected the claim that certain decisions are per incuriam when they find the decisions to be consistent with law or when the alleged oversight is not proven (Vishwa Chandubhai Patel. VS Union Of India - Bombay, K. Srinivasan VS Deputy Superintendent of Police CBI, SCB Chennai - Madras).
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Analysis and Conclusion
The sources collectively clarify that the concept of per incuriam pertains to judicial oversight involving the omission of relevant statutory provisions or binding precedents, rendering the decision non-binding or erroneous. Courts have scrutinized whether specific judgments are per incuriam, often rejecting such claims when decisions are consistent with existing law. The rejection of the per incuriam argument underscores the importance of adherence to statutory law and prior authoritative rulings in judicial decision-making. Ultimately, the concept serves as a safeguard to ensure legal accuracy and consistency but is not invoked lightly, requiring clear evidence of oversight or ignorance of law (Vishwa Chandubhai Patel. VS Union Of India - Bombay, Keshri Industries Through Its Partner Satya Prakash Son of Shiv Basant Kumar Keshri vs THE STATE OF JHARKHAND - Jharkhand, K. Srinivasan VS Deputy Superintendent of Police CBI, SCB Chennai - Madras, Devi Shankar VS Sub Divisional Officer, Baran - Rajasthan).
Search Results for "Concept of Per Incuriam Discussed and Rejected"
2021 0 Supreme(Bom) 560 • India - Bombay
DIPANKAR DATTA, G.S.KULKARNI
The court also discussed the concept of per incuriam and concluded that the decisions in question were not per incuriam. ... However, the respondents changed their stance and claimed that the previous court decisions were per incuriam. ... ) is also per incuriam. ... The respondents 2 to 4 now contend that the decision of the Supreme Court in Abhinav Deepakbhai Patel (supra) is per incur....
2018 0 Supreme(P&H) 508 • India - Punjab and Haryana
AMOL RATTAN SINGH
covered the period from 07.05.2012 to 12.02.2013, with the representation made by him against such adverse remarks also having been rejected ... incuriam. ... Now we deem it imperative to examine the issue of per incuriam raised by the learned counsel for the parties. In Young v. Bristol Aeroplane Co. Ltd. the House of Lords observed that “Incuria” literally means “carelessness”. In practice per incuriam appears to mean per ignoratium. ... different ....
2025 0 Supreme(Jhk) 1748 • India - High Court of Jharkhand
TARLOK SINGH CHAUHAN, SUJIT NARAYAN PRASAD
incuriam discussed with respect to conflicting judgments from coordinate benches - Prior judgments must be adhered to unless clearly ... 4) Is a recent judgment per incuriam? ... incuriam. ... Before I consider the correctness of the aforementioned decisions, it would be necessary to elaborate upon the concept of “per incuriam”. The Latin expression “per incuriam” literally means “through inadvertence”. ... Furth....
• India - Current Civil Cases
MOHIT S.SHAH, M.S.SANKLECHA, M.S.SONAK
Ganorkar is per incurium the Supreme Court decision in Ganduri Koteshwaramma case. ... So far as the Dayabhaga School was concerned, there was no concept of a coparcenary property And every member of a Hindu family would hold property in his/her own right And was entitled to dispose of the property as he/she deems fit either by gift or Will. ... The single Judge of the Madras High Court on the Original Side held that the son could not prove execution of the Will in view of suspicious circumstances surrounding alleged execution of the Wil....
2009 0 Supreme(Mad) 2527 • India - Madras
G.RAJASURIA
Jurisdiction - Customs Offences - Delhi Special Police Establishment Act, 1946 - Sections 3, 5 - Summary of Acts and Sections: The court discussed ... That concept per incuriam emerges only under law of precedents. ... 13. ... In such a case, in the same matter, that earlier order cannot be termed as "judgment/order per incuriam" and I, being the successor Judge cannot hold, that the previous order of my learned Predecessor was no order at all, as per the c....
2025 0 Supreme(Jhk) 1758 • India - IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
The Judicial principle of 'per incuriam' examined; conflicting decisions acknowledged yet not overridden due to absence of action ... Further, the concept of per incuriam was examined by the Hon’ble Apex Court in the cases of Hyder Consulting (UK) Ltd. v. ... Before I consider the correctness of the aforementioned decisions, it would be necessary to elaborate upon the concept of “per incuriam”. The Latin expression “per ....
2015 0 Supreme(SC) 1068 • India - Supreme Court
VIKRAMAJIT SEN, A.M.SAPRE
(2013) 3 SCC 372 – Referred ... Per ... Sibal further submits that the order presently impugned before us is per incuriam for having not adhered to the judgments rendered by the co-ordinate benches of the High Court of Allahabad prior to the judgment impugned before us. ... On the issue that the impugned Judgment of the Lucknow Bench is per incuriam, Mr Lekhi has submitted that the impugned Order has rightly ignored the decisions of the co-ordinate Bench at Allahabad in Ram Charan Singh Prajapati v. St....
• India - Crimes
VIKRAMAJIT SEN, A.M.SAPRE
Supreme 886; (2013) 3 SCC 372 – Referred ... Per ... Sibal further submits that the order presently impugned before us is per incuriam for having not adhered to the judgments rendered by the co-ordinate benches of the High Court of Allahabad prior to the judgment impugned before us. ... On the issue that the impugned Judgment of the Lucknow Bench is per incuriam, Mr Lekhi has submitted that the impugned Order has rightly ignored the decisions of the co-ordinate Bench at Allahabad in Ram Charan Singh Pr....
2005 0 Supreme(Jhk) 799 • India - Jharkhand
SHANKER RAJU, V.K.MAJOTRA
incuriam. ... Whether the decision of the Jaipur Bench of the Tribunal was per incuriam? ... incuriam. ... Before adverting to further, it is relevant to highlight the concept of decisions per incariam. The decision is per incuriam when it fails to take into consideration the statutory rules and law on the subject. ... incuriam. ... As discussed above, it is clear that the concept#HL_END....
1984 0 Supreme(Raj) 211 • India - Rajasthan
D.L.MEHTA
Apart from that on merits also, as discussed earlier, I do not find any force and the writ petition is dismissed. The petitioner shall pay costs to the non-petitioners as per rules. ... to the people of India It is a concept which has been exported by our philosopher to the world and that concept has been enshrined in our Constitution in Articles 14, 15 and 16. ... Similarly, a court may know of the existence of a statute and yet not appreciate its relevance to the matter in hand; such a mistake is again such ....
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