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Showing contexts for: judicial comity in Rakshit Natwarlal Patel vs Tushar Natwarlal Patel on 29 September, 2015Matching Fragments
5.2. Learned advocate for the applicant also placed reliance upon the decision of this Court in the case of State of Gujarat v. Gordhandas Keshavji Gandhi and others, reported in AIR 1962 Guj 128, and more particularly para 138 to 140 of the said decision, which are as under:
"138. I must next consider whether apart from Section 87 there is any principle of law on which decisions given by the High Court of Bombay prior to the appointed day can be regarded as binding on this High Court. It was contended by the learned Advocate General relying on the decision of the Full Bench of the Andhra Pradesh High Court in (S) AIR 1955 Andhra 87 (FB) (supra), that the High Court of Bombay prior to the appointed day was a Court of cc-ordinate jurisdiction with this High Court and that the decisions given by the High Court of Bombay prior to the appointed day were, therefore, binding on this High Court on the well-known and HC-NIC Page 13 of 75 Created On Fri Oct 02 01:27:43 IST 2015 O/OJMCA/155/2015 JUDGMENT well-established principle of judicial comity which requires that a Count should regard itself bound by the decisions of another of co-ordinate jurisdiction. The same contention was advanced before the previous Full Bench by the learned Advocate General who then appeared on behalf of She Union of India. But S. T. Desai, C. J., as he then was and my brother Miabhoy and myself, who constituted the Full Bench, found some difficulty in accepting the contention.