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december 2004

Supreme Court of India · 2004-12-17

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

Citation / case number
AIR 2005 SUPREME COURT 752
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 held that the Bombay Prevention of Ex-communication Act, 1949, was previously ruled ultra vires under Article 26(b) and not saved by Article 25(2) in Sardar Syedna Taher Saifuddin Saheb Vs. State of Bombay. The Court emphasized that a two-Judge Bench must follow the precedent set by a Constitution Bench, and thus, the matter should be heard by a Bench of three judges rather than a seven-Judge Bench. The application for reconsideration was partially allowed, affirming the need for adherence to judicial discipline and precedent.

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