Which of the following orders of H.C. are not judicial precedent
Verified Answer
A. Decision passed sub silentio
B. An order made with consent of parties
C. A reasoned & binding judgment
D. A decision per incurium
Explanation:
A judicial precedent is a principle established in a previous legal case that is binding or persuasive for subsequent cases. An order made with the consent of parties (B) is a settlement, not a judicial determination of law, and therefore does not create a precedent. Decisions passed sub silentio (A) or per incuriam (D) are also generally not considered binding precedents, but a consent order is the most distinct from a judicial determination.