PER INCURIAM

Dear Friend,

The judgement 'per incuriam' stands for judgement said to be 'Bad in law' and hence, should no longer be used as precedent for other future cases on same law point.

Regards

It simply means "Through want of care" Under Article 141 of the Constitution of India, law declared by the Supreme Court of India shall be binding on all courts within the territory of India. It create a Constitutional organ whose declarations of law is binding on all Courts in the Republic. At times court are not aware or failed to bring to the notice of the Court, of such rulings of the SC and decision is given, such decision is called Per Incuriam.

mr. assumi has expalained it nicely

Thanks Assumi Sir for perfect answer. In simple words, Judgement per incuriam, which means that it is not to be followed as a precedent.

Thanks Mr. Assumi

Dear All

I think the judgments of SC may also some times called as 'per incuriam'.

Regards

but my question is that whether high court have that form of juridical power to over rule the judgement on the ground of per incuriam

Dear Sumanta 

The high court does not have the power to overrule a SC judgments it would only distinguish that judgment to the case before it. A mechanism adopted by lower judiciary. 

dera friends, be kind enough to access the enw posting anent per incuriam judgment order in the fourm underthe CIVIL matters , direct link is  https://www.lawyersclubindia.com/forum/Per-incuiam-order-of-the-high-court-51267.asp.

will be grateful if u record your opinion there.

thnak u.

P.Padmanaabhan Advocate at 01:25 AM IST on 6th Feb 2012