Inayatkhan @ Ilyaskhan Bismillahkhan ... vs State Of Gujarat & on 12 February, 2015
16. Thus, while explaining the conflict between the decision
in the case of Kanhaiyalal (supra) and Noor Aga (supra) at a
point of time when the issue was not referred to a larger
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R/CR.MA/18996/2014 CAV JUDGMENT
Bench, the Division Bench has taken the view that the ratio in
the case of Kanhaiyalal (supra) has not been diluted in the
decision of Noor Aga, nor by necessary implication it could be
said that the decision in Kanhaiyalal (supra) stands over-ruled.