Meaning of word "per incuriam" - Indian Laws - General

Meaning of word per incuriam In the case of State of U.P. and Another v. Synthetics and Chemicals Ltd. and Another- 1991 (7) TMI 297 - SUPREME COURT, this Court observed thus: 40. Incuria literally means carelessness . In practice per incuriam appears to mean per ignoratium. English courts have developed this principle in relaxation of the rule of stare decisis. The quotable in law is avoided and ignored if it is rendered, in ignoratium of a statute or other binding authority . (Young v. Bristol Aeroplane Co. Ltd. [(1944) 1 KB 718 : (1944) 2 All ER 293] ). Same has been accepted, approved and adopted by this Court while interpreting Article 141 of the Constitution which embodies the doctrine of precedents as a matter of law. In Jaisri Sahu v. Rajdewan Dubey- 1961 (4) TMI 79 - SUPREME COURT] this Court while pointing out the procedure to be followed when conflicting decisions are placed before a bench extracted a passage from Halsbury 's Laws of England incorporating one of the exceptions when the decision of an appellate court is not binding. [THE SECRETARY TO GOVT. OF KERALA- 2022 (6) TMI 97 - SUPREME COURT]