Supreme Court of India · 2004-12-17
Central Board Of Dawoodi Bohra ... vs State Of Maharashtra&Anr.;
- Court
- Supreme Court of India
- Petitioner
- Central Board Of Dawoodi Bohra ...
- Respondent
- State Of Maharashtra&Anr.;
- Author
- R.C. Lahoti
- Bench
- R.C. Lahoti, Shivaraj V. Patil, K.G.Balakrishnan, B.N.Srikrishna, G.P.Mathur
Judgment text excerpt
The Supreme Court addressed the reconsideration of the Bombay Prevention of Ex-communication Act, 1949, previously deemed ultra vires under Article 26(b) of the Constitution in Sardar Syedna Taher Saifuddin Saheb Vs. State of Bombay. The Court held that a two-Judge Bench must adhere to the precedent set by a Constitution Bench, emphasizing judicial discipline and the binding nature of such decisions. The application to list the matter before a smaller bench was partially allowed, affirming the necessity for a larger bench to reconsider the earlier ruling.