Delhi Judicial Services 2006

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.