What is per incuriam order or judgment? Whether ignoring a stay order passed by the High Court on the ground that it is passed "per incuriam", is liable to be considered as an act of contempt of court.
narendra.s.p (Chief Manager(Law)) 22 February 2012
What is per incuriam order or judgment? Whether ignoring a stay order passed by the High Court on the ground that it is passed "per incuriam", is liable to be considered as an act of contempt of court.
kavita.sharma (nothing) 22 February 2012
it may be such act which is not in tune with sound judgement.
N.K.Assumi (Advocate) 22 February 2012
It means Order passed with ignorance of decided case. The said judgment will be valid till set aside by the higher court and the aggrieved party has a right to challenge such judgment passed in ignorance of decided case.
Divya (nil) 22 February 2012
"Per incuriam"
"A decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a court of coordinate jurisdiction while covered the case before it, in which case it must decide which case to follow, or When it has acted in ignorance of a House of Lords decision, in which case it must follow that decision; or When the decision is given in ignorance of the terms of a statute or rule having statutory force.”
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