Supreme Court of India
Odisha State Financial Corporation v. Vigyan Chemical Industries and Others
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What the Court ordered
We hold that the appellant (OSFC) is not liable to pay any amount to Respondent No. 1 for the alleged default committed by Respondent No. 2, under the decree.
Judgment, page 89
From the headnote
Issue for Consideration The High Court dismissed the writ petition filed by the appellant u/Art.227 of the Constitution of India, challenging the civil proceedings and the orders passed by the Courts below regarding the computation of interest on the decretal amount and the consequential execution proceedings. Headnotes† Doctrines/Principles – Doctrine of Sub silentio – When earlier judgment only adjudicated upon issue of limitation – Other critical issues were not adjudicated – Earlier judgment cannot be held to be a binding precedent on those undecided issues: Held: It is a settled
Authorities it was built on
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- 1970 Gangappa Gurupadappa Gugwad Gulbarga v. Rachawwa, Widow of Lochanappa Gugwad & Ors.
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