Q: What categories of decisions of the Supreme Court have no binding force ?
Ans: It has been laid down by the Supreme Court that the following categories of decisions of the Supreme Court have no binding force:
a. Obiter Dicta, i.e., statements which are not part of ratio decidendi i.e., rule of law on which judicial decision is based.
b. A decision per incurium, i.e., a decision given in ignorance of the terms of a statute or rule having the force of a statute.
c. A decision passed sub-silento, i.e., without any argument or debate on the relevant question.
d. An order made with consent of the parties, and with the reservation that it should not be treated as a precedent.
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