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december 2004

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, S.V.Patil, K.G.Balakrishnan, B.N.Srikrishna, A.K.Mathur

Judgment text excerpt

The Supreme Court addressed the validity of the Bombay Prevention of Ex-communication Act, 1949, previously ruled 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 allowed the matter to be heard by a larger Bench. The petition for reconsideration of the earlier decision was partially granted, affirming the necessity of a seven-Judge Bench for such matters.

Central Board Of Dawoodi Bohra ... vs State Of Maharashtra & Anr · Niyam