201604.24
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Doctrine of Per Incuriam & Binding Precedent

The doctrine of per incuriam versus binding precedent has had been dealt by Supreme Court of India in following occassions :  In Young v. Bristol Aeroplane Company Limited (1994) All ER 293 the House of Lords observed that `Incuria’ literally means `carelessness’. In practice per incuriam appears to mean per ignoratium. English courts have developed this…

201604.23
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A Judgment Cannot Be Read Like A Statute

It is well settled in law that a judgment cannot be read like a statute. Construction of a judgment should be made in the light of the factual matrix involved therein. In Goan Real Estate & Construction Ltd. & Anr. v. Union of India, (2010) 5 SCC 388, it has been held that What is…