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Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): K. S. Radhakrishnan, Vikramajit Sen , JJ

(A) Constitution of India , Art.141— Rule of precedent - And rule of per incuriam - Essential to maintain consistency of rulings - Situations attracting rule of per incuriam stated. The discipline demanded by a precedent or the disqualification or diminution of a decision on the application of the per incuriam rule is of great importance, since without it, certainty of law, consistency of rulings and comity of Courts would become a costly casualty. A decision or judgment can be per incuriam any provision in a statute, rule or regulation, which was not brought to the notice of the Court. A decision or judgment can also be per incuriam if it is not possible to reconcile its ratio with that of a previously pronounced judgment of a Co-equal or Larger Bench; or if the decision of a High Court is not in consonance with the views of Supreme Court. The per incuriam rule is strictly and correctly applicable to the ratio decidendi and not to obiter dicta.(Para 15) (B) Constitution of India , Art.141— Judicial discipline - Irreconcilable decisions of Supreme Court - Earliest one to be followed. (Para 15) (C) Criminal P.C. (2 of 1974) , S.437, S.439— Bail - Power of Sessions Court or H....