under or in silence : without notice being taken or without making a particular point of the matter in question
the maxim refer to something that is implied but not expressly stated. Commonly, the term is used when a court overrules the holding of a case without specifically stating that it is doing so.
To assume that Congress, which had enacted a criminal sanction directed against state judicial officials, intended sub silentio to exempt those same officials from the civil counterpart approaches the incredible.
In Municipal Corporation Of Delhi vs. Gurnam Kaur, the court while citing the above maxim and held that “A decision passes sub silentio, in the technical sense that has come to be attached to that phrase, when the particular point of sub silentio.”
In Subin Mohammed S. vs. Union Of India the court observed that ‘precedents sub-silentio and without argument are of no moment’.
In State Of U.P And Another vs. Synthetics And Chemicals Ltd., it was held that “A decision passes sub-silentio, in the technical sense that has come to be attached to that phrase, when the particular point of law involved in the decision is not perceived by the Court or present to its mind.”
It was approved in Municipal Corporation Of Delhi vs. Gurnam Kaur, that, ‘precedents sub-silentio and…be levied on industrial alcohol with utmost respect fell in both the exceptions, namely, rule of sub-silentio and being in per incuriam, to the binding authority of the precedents.”
(This news has been written and submitted by Mr. Yogesh Sharma during his course of internship at B&B Associates LLP. Mr. Yogesh is a third-year law student at Chandigarh University, Gharuan, Mohali.)