Civil Procedure Code, 1908, Section 11 -- Res judicata - Binding decision cannot lightly be ignored and even an erroneous decision remains binding on the parties to same litigation and concerning the same issue if rendered by a Court of competent jurisdiction - Such a binding decision cannot be ignored even on the principle of per incuriam because that principle applies to..........
Judicial propriety -- Rule of per incuriam being an exception to doctrine of precedents is only applicable to ratio of judgment - Same having impact on stability of legal precedents must be applied sparingly, when there is an irreconcilable conflict between opinions of two co-ordinate Benches...........
Administration of justice -- Precedent - Once a judgment has been declared per incuriam, it does not have the precedential value...........
Per incuriam -- A decision or judgment can be per incuriam any provision in a statute, rule or regulation which was not brought to notice of Court - A decision or judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a Co-equal or Larger Bench; or if decision of a High Court is not in consonance..........
Practice and Procedure -- Per incuriam - Meaning of - Held, per incuriam are those decisions given in ignorance or forgetfulness of some inconsistent statutory provision or of some authority binding on court concerned, so that in such cases some part of decision or some step in reasoning on which it is based, is found, on that account to be demonstrably wrong...........
Issue of per incuriam -, A judgment can be said, be per incuriam if through inadvertence a Court has acted in ignorance of a previous decision of its own or when a High Court has acted in ignorance of a decision of the Supreme Court or through inadvertence did not consider a relevant statutory provision or rule or was oblivious of the relevant provision of law, so that in..........
Constitution of India, 1950, Article 141 -- Precedent - By Coordinate Bench - Not justified to depart from view taken by coordinate bench unless it is held as a decision held per incuriam...........
Constitution of India, 1950, Article 141 -- Precedent - Judgment not taking note of statutory provision - View, if any, expressed without analysing the statutory provision cannot be treated as a binding precedent - At the most considered as having been rendered per incuriam...........
Precedent -- Decision per incuriam - Earlier decision may seem to be incorrect to a Bench of a coordinate jurisdiction considering the question later, on the ground that a possible aspect of the matter was not considered or not raised before the Court or more aspects should have been gone into by the Court deciding the matter earlier - Would not be a reason to say that the..........
Haryana Urban Development (Disposal of Land and Buildings) Regulations, 1978, Haryana Urban Development Authority Act, 1977, Section 15 -- Extending time limit by HUDA for filing applications for allotment of plots - Challenge that it reduced chances of applicant who had made application within stipulated time for allotment - Mere extension in the date for making..........
