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Diya Arvind   05 March 2022

legal maxim

What importance does Sub Silentio hold in precedents?


 1 Replies

Aarushi   05 March 2022

The maxim “Sub Silentio” means “in silence”. This maxim is used to differentiate two judgements from one another. It helps the lawyers in the Court of Law when faced with a precedent under Article 141 of the Indian Constitution. This Article states that all the precedents or “laws” declared by the Supreme Court shall be binding on all other Courts of the country. Sub Silentio is used in cases when a precedent is followed as it is without any thoughts on the laws and rules concerned with the case. Such precedents are not binding on the Courts.

Lancaster Motor Co. Ltd. V. Bremith Ltd.

In this case, the higher Court applied the principle of Sub Silentio and critiqued the judgement of the lower Court which was based on poor deliberation and argument. The Higher Court also held that any case cannot be precedented without paying proper attention to the words of the rules concerned with the case.

Municipal Corporation of Delhi v. Gurnam Kaur

The decision in this case by the High Court was based on a precedent where no reason was given for directing the Municipal Authorities to construct the kiosk. When this matter was brought up in the Supreme Court, it was held that in cases where the no reasoning has been given for the judgement pronounced, such cases cannot have the binding force of a precedent.

A-One Granites v. State of Uttar Pradesh & Ors.

The Court held that a direction for granting a mining license cannot be issued unless proper reasoning has been given regarding the rule of the same.

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