Per Incuriam II

“When a Court ignores the binding precedent of a Larger Bench, the Judgment so delivered is held to be per incuriam and has no precedential value. The principle of per incuriam has been developed by the English Courts in relaxation of the rule of stare decisis. In practice per incuriam is per ignoratium. See, Paragraph […]

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Ratio Decidendi

My Lord, Hon’ble Justice A.P. Sen View, Paragraphs 86-87, Express Newspapers v. Union of India, (1986) 1 SCC 133 = Majority View? Yes. “We, consider it apposite to refer to The Guardians of the Poor of the West Derby Union v. The Guardians of the Poor of the Atcham, (1889) 24 QBD 117. The question […]

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Euclid’s Theorem II

“STATUTES SHOULD BE CONSTRUED NOT AS THEOREM OF EUCLID… WORDS MUST BE CONSTRUED WITH SOME IMAGINATION OF THE PURPOSES WHICH LIE BEHIND THEM”: JUDGE LEARNED HAND. Gypsum (Calcium Sulphate Dihydrate): Natural Mineral. Gypsum Board / Drywall: Cellulosic Composite Material; Primary Raw Material = Calcium Sulphate Dihydrate + Cellulose; See, George J Venta, The Athena Sustainable […]

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