The Doctrine of Per Incuriam in Indian Law: Scope, Application, and...

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2026-04-06 11:56:17 -

The Doctrine of Per Incuriam in Indian Law: Scope, Application, and Judicial Discipline

Introduction In any legal system built on precedents, consistency is both a strength and a challenge. Courts rely on earlier judgments to maintain stability, predictability, and fairness. However, what happens when a previous judgment is fundamentally flawed because a relevant law or binding precedent was overlooked? This is where the doctrine of per incuriam steps in. The principle of per...

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