Per incuriam Decision–Governing principles-
(1) A decision is per incuriam only when the overlooked statutory provision or legal precedent is central to the legal issue in question and might have led to a different outcome if those overlooked provisions were considered–It must be an inconsistent provision and a glaring case of obtrusive omission-
(ii) The doctrine of per incuriam applies strictly to the ratio decidendi and does not apply to obiter dicta,
(iii) If a Court doubts the correctness of a precedent, the appropriate step is to either follow the decision or to refer it to a Larger Bench for reconsideration,
(iv) It has to be shown that some part of the decision was based on a reasoning which was demonstrably wrong for applying the principle of per incuriam–In exceptional instances, whereby obvious inadv-ertence or oversight, a judgment fails to notice a plain statutory provision or obligatory authority running counter to the reasoning and result reached, the principle of per incuriam may apply.
Bajaj Alliance General Insurance Co. Ltd. vs. Rambha Devi & Ors. (SC)
₹50.00 ₹5.00
