per incuriam


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per incuriam

‘by mistake’. If it is held that a precedent in point and binding was decided per incuriam, then the strict rule of STARE DECISIS does not apply, so the case does not have to be applied. The mistake in the earlier case must be very plain.
References in periodicals archive ?
The review petition said Paragraph No 18 of the Hudaibiya judgment is per incuriam as the reference had not been dismissed, but adjourned sine die and if the impugned judgment of the Lahore High Court quashing the reference is set aside, the proceedings would commence from the stage it was halted.
In fact, it had been categorically held by the apex court in earlier judgements that dismissal of the review petition does not limit the inherent powers of the apex court under Article 184(3) (enforcement of fundamental rights) and Article 187 of the Constitution (issue and execution of process of the Supreme Court) to set the law right where the judgement is per incuriam (without jurisdiction) and no amount of technicalities can stand in the way of this court in achieving this goal.
Sharif in the petition has urged SC to declare its order of July 28, 2017 in the Panama Papers " in which NAB was directed to file three references against the PML-N head " per incuriam (lacking due regard for the law), as it is allegedly in violation of the Constitution.
He stated: 'The Final Order of the judgment suffer from errors floating on the surface of the record, besides being per incuriam, and are therefore, liable to be reviewed.
Learned counsel appearing for State Life Insurance Corporation has, however, referred to a judgment of a full Bench of the High Court wherein it has been held that the aforesaid judgment proceeds on an erroneous premise inasmuch as "the time specific jurisdictional threshold under section 115 of the Ordinance has not been considered by the above cited judgment" [rendering the same] per incuriam.
It was an appeal against an Order made by one Bench of the Court of Appeal setting aside a stay order issued by a different Bench of the same Court on the basis that the Bench which issued the stay order has issued it per incuriam.
The Federation of Indian Mineral Industries and Confederation of Indian Industry said the reference could by entertained by the apex court if it came to the conclusion that the judgment was not clear on law and the matter had been decided per incuriam ( without referring to a statutory provision or earlier relevant judgment).
Illud appone, quod tantum increbuit multitudo desidiorum ut, nisi uel paucissimi quique meram linguae Latiaris proprietatem de triuialium barbarismorum robigine uindicaueritis, eam breui abolitam defleamus interemptamque: sic omnes nobilium sermonum purpurae per incuriam uulgi decolorabuntur;
He had filed the petition on the ground that a judgment per incuriam can neither be decided by the registrar nor by the judge in the chamber; rather it has to be placed before, and adjudicated and decided by, a bench of the top court.
In fact, he said, it had been categorically held by the apex court in earlier judgements that dismissal of the review petition did not limit the inherent powers of the apex court under Article 184(3) (enforcement of fundamental rights) and Article 187 of the Constitution (issue and execution of process of the Supreme Court) to set the law right where the judgement is per incuriam (without jurisdiction) and no amount of technicalities could stand in the way of this court in achieving this goal.
State Life Insurance Corporation of Pakistan through Chairman and another 2009 CLD 1213 held per incuriam.
So the Defence wanted that order be set aside by the Magistrate as the court has made per incuriam - through or characterized by lack of due regard to the law or the facts.