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Documents citing State Of Gujarat vs Gohel Vishal Chhaganbhai on 14 February, 2023

State Of Gujarat vs Shah Samir Bharatbhai on 20 December, 2023

5.2.3 What learned Single Judge really did was to grant relief to the petitioners stepping beyond the directions and the relief granted by the Division Bench in Acharya Madhavi Bhavin (supra) and in Gohel Vishal Chhaganbhai (supra). The law precedent is well settled that decision of coequal bench is binding in a subsequent case and the course, which could be adopted to depart therefrom Page 12 of 24 Downloaded on : Thu Dec 21 20:41:52 IST 2023 NEUTRAL CITATION C/LPA/1371/2023 CAV JUDGMENT DATED: 20/12/2023 undefined is to refer the issue to the larger bench. As far as question of binding nature of the decision of the Division Bench to the Bench of Single Judge or, in other words, binding nature of the judgment of the Bench of the larger strength is concerned, the Bench of the Single Judge or Bench of lesser strength has to follow the same. It is not open to the Bench of the lesser strength to cross the ratio descidendi or travel beyond what he held and observed by the Bench of the larger strength.
Gujarat High Court Cites 17 - Cited by 0 - N V Anjaria - Full Document
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