AIR 1962 GUJARAT 128

Gujarat High Court

Hon'ble Judge(s): K. T. Desai , C.J. AND J. M. Shelat, N. M. Miabhoy, P. N. Bhagwati, M. R. Mody , JJJ

(A) Bombay Re-Organisation Act (11 of 1960) , S.87— 'Law in force' - Whether includes case law - Decisions of Bombay High Court given prior to 1-5-1960 - Decisions are binding on Gujarat High Court as successor Court on principles of judicial comity and not as 'law in force' within S.87 - Judicial precedents. @page-Guj129 Per Majority; Miabhoy, J. Contra:- The decisions of the Bombay High Court given prior to the appointed day, i.e., to 1st May 1960, do not constitute "any law in force immediately before the appointed day" within the meaning of Sec.87 of the Bombay Re-organisation Act, 1960. But the decisions of the High Court of Bombay given prior to 1st May 1960 have as much binding force and effect as if they were the decisions given by the Gujarat High Court itself.(Para 28) A decision of a single Judge of the Bombay High Court given prior to 1st May 1960 would have the same binding force and effect as a decision of a single Judge of the Gujarat High Court, a decision of a Division Bench of the Bombay High Court given prior to 1st May 1960 would have the same binding force and effect as a decision of a Division Bench of the Gujarat High Court and a decision of a Full Bench of the Bombay High, Court given prior to 1st May 1960, would have the same binding force and effect as a decision of a Full Bench of the Guja....