Important Legal Definitions

"Under silence." A precedent where a particular point of law was neither raised by counsel, argued at the bar, nor considered by the court, but was passed over sub silentio; it cannot be cited as binding authority on that unargued point.

In Municipal Corporation of Delhi v. Gurnam Kaur, the Supreme Court held that where a direction was passed by consent or without considering statutory provisions, the decision was passed sub silentio and did not create a binding rule.