Per
incuriam decisions do not have binding effect. Per incuriam decisions mean
where the court has acted in ignorance of a previous decision of its own or of
a court of coordinate jurisdiction or when the decision is given in ignorance
of the terms of a statute or a rule having statutory force.
Referring the Halsbury’s Laws of
England, the Apex Court in State of Bihar Vs. Kalika Kuer alias Kalika Singh
& others, examined the circumstances
in which a decision is said to have been rendered per incuriam as follows:
“A
decision is given per incuriam when the court has acted in ignorance of a
previous decision of its own or of a court of coordinate jurisdiction which
covered the case before it, in which case it must decide which case to follow;
or when it has acted in ignorance of House of Lords decision, in which case it
must follow that decisions; or when the decision is given in ignorance of the
terms of a statute or rule having statutory force.”
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