Per Incuriam

Parveen Kr. Aggarwal (Querist) 30 January 2010 This query is : Resolved
When, how and why a judgment becomes "per incuriam"?

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A V Vishal (Expert) 30 January 2010
Per incuriam means a decision rendered by ignorance of a previous binding decision such as a decision of its own or of a Court of co-ordinate or higher jurisdiction or in ignorance of the terms of a statute or of a rule having the force of law. A ruling making a specific reference to an earlier binding precedent may or may not be correct but cannot be said to be per incuriam.