Sub silentio
| Literal meaning | Under silence |
|---|---|
| Pronunciation | sub sih-LEN-shee-oh |
A decision passes sub silentio when the court did not notice or argue the point of law. It is not a binding precedent on that point.
Example
A court gives a decision but nobody argued the question of limitation. The decision is not an authority on limitation.
Case laws
- Municipal Corporation of Delhi v. Gurnam Kaur (1989), Supreme Court: a decision passes sub silentio when the point of law was not perceived by the court or argued.
Exam tip
Asked with per incuriam.
Memory trick
Unargued, therefore not decided.
Key takeaway
A point that was never argued or considered does not bind.
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