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Sunny Honey (Student)     04 April 2009

PER INCURIAM

WHAT IS THE CONCEPT OF THE EXPRESSION "JUDGEMENT PER INCURIAM" : Please mail me the answer at  :- sameerbhatia@mail.com



 9 Replies

Kuljit Pal Singh (Legal Professional)     04 April 2009

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

N.K.Assumi (Advocate)     04 April 2009

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.

1 Like

ritu bhadana (advocate)     04 April 2009

mr. assumi has expalained it nicely

Shree. ( Advocate.)     04 April 2009

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

Ashey   04 April 2009

Thanks Mr. Assumi

Kuljit Pal Singh (Legal Professional)     08 April 2009

Dear All

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

Regards

sumanta (1st year student)     28 February 2010

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

Vigneswaran (Lawyer)     18 May 2011

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. 

P.Padmanaabhan (advocate)     06 February 2012

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 


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