Incuria definition
Incuria literally means ‘carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The ‘quotable in law’ is avoided and ignored if it is rendered, ‘in ignoratium of a statute or other binding authority’. (Young vs. Bristol Aeroplane Co. Ltd12) Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law.”
Incuria literally means 'carelessness'. In practice per incurium appears to mean per ignoratium.' English Courts have developed this principle in relaxation of the rule of stare decisis. The 'quotable in law' is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority'. (1944 IKB 718 Young v. Bristol Aeroplane Ltd. Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law. In Jaisri Sahu v. Rajdewan Dubey, [1962] 2 SCR 558 this Court while pointing out the procedure to be followed when conflicting decisions are placed before a Bench extracted a passage from Halsbury Laws of England incorporating one of the exceptions when the decision of an Appellate Court is not binding.
Incuria literally means “carelessness”. In practice per incuriam is taken to mean per ignoratium. The courts have developed this principle in relaxation of the rule of stare decisis. Thus, the “quotable in law” is avoided and ignored if it is rendered in ignorance of a statute or other binding authority.
More Definitions of Incuria
Incuria literally means carelessness. Law declared is not that can be culled out, but that which is stated as the law to be accepted and applied. A conclusion, without reference to the relevant provision of law, is weaker than even casual observations. (Synthetics and Chemicals Ltd. ).The 'quotable in law' is avoided and ignored if it is rendered, 'in ignoratium of a statute or other binding authority'. (Young v. Bristol Aeroplane Ltd:1944 I KB 718; Nirmal Jeet Kaur v. State of M.P., 2004 (2) ALD (Crl.) 651 (SC) : (2004) 7 SCC 558,STATE OF U.P. AND ANOTHER VS SYNTHETICS AND CHEMICALS LTD. AND ANOTHER, 1991 4 SCC 139). The Latin expression “per incurium”
Incuria literally means ‘carelessness’ and the phrase ‘per incuriam’ is used to describe judgments that are delivered with ignorance of some statute or rule.
Incuria literally means “carelessness”. In practice per
Incuria literally means ‘carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The ‘quotable in law’ is avoided and ignored if it is rendered, ‘in ignoratium of a statute or other binding authority’. (Young v. Bristol Aeroplane Co. Ltd. [(1944) 1 KB 718 : (1944) 2 All ER 293] ). Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law. In Jaisri Sahu versus Rajdewan Dubey [(1962) 2 SCR 558 : AIR 1962 SC 83]
Incuria literally means ‘carelessness’. In practice per incuriam appears to mean per ignoratium. English Courts have developed this principle in relaxation of the rule of stare decisis. The ‘quotable in law’ is avoided and ignored if it is rendered, ‘in ignoratium of a statute or other binding authority. (1944 1KB 718 ‘Young v. Bristol Aeroplane Ltd……….
Incuria literally means 'carelessness'. In practice per incuriam
Incuria literally means ‘carelessness’. In practice