Upgrad LLM

per incuriam

Student

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

 
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Legal Professional

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

 
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Advocate

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.


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advocate

mr. assumi has expalained it nicely

 
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Advocate.

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

 
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Thanks Mr. Assumi

 
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Legal Professional

Dear All

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

Regards

 
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1st year student

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

 
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Lawyer

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. 

 
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advocate

dera friends, be kind enough to access the enw posting anent per incuriam judgment order in the fourm underthe CIVIL matters , direct link is  http://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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