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1960 Supreme(Guj) 35

J.M.THAKAR, VITTHALBHAI PATEL
ANAND MUNICIPALITY – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared: REFERRED : M. Subbaravudu v. State, AIR 1955 AP 87

S. T. DESAI, J.

( 1 ) THE question of considerable importance and consequence that has to decided by this Full Bench relates to the binding nature of the precedents of the Bombay High Court on this High Court. The question is whether the Gujarat High Court is bound by the decisions of the Bombay High Court delivered before the 1/05/1960. The petition which gave rise to it come up for consideration before my brother Miabhoy and myself when in the course of the arguments at the bar the learned Advocate General relied on a decision of the High Court of Bombay. Learned counsel on the other side argued that this Court was not bound by any decision of the High Court of Bombay. Our attention was drawn to a decision of the Andhra High Court. Mr. Subbaravudu Vs. State A. I. R. (1955) Andhra 87 decided by a Full Bench of that High Court. It was there held that the binding nature of the precedents of one Court on another depended upon the fact whether such Courts are Courts of co-ordinate jurisdiction and the Andhra High Court and the Madras High Court prior 5-7-1954 it was held were Courts of co-ordinate jurisdiction We found some difficulty in agreeing with some the reasons which found favou

















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