Pre-reorganisation precedent continued as binding law in Gujarat under reorganisation statute, preserving continuity and legal certainty.

Section 87 of the Bombay Reorganisation Act, 1960 was read broadly to preserve the law in force in the new State of Gujarat, and that continuity was held to include pre-appointed-day decisions of the Bombay High Court. The Court rejected a narrow territorial approach that would have treated reorganisation as extinguishing existing binding precedent, and instead emphasised legal continuity, certainty, and the statute's purpose. Pre-reorganisation Bombay High Court decisions therefore continued to bind the Gujarat High Court unless displaced by competent legislation or later binding authority.

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Issues: Whether decisions of the Bombay High Court delivered before the appointed day were binding on the Gujarat High Court under the Bombay Reorganisation Act, 1960.

Analysis: Section 87 was read with the scheme of the reorganisation statute to preserve the law in force in the territories that formed the new State of Gujarat. The expression "law in force" was given a broad meaning, and the continuation of pre-reorganisation law was held to include judicial precedents of the Bombay High Court delivered before the appointed day. The Court rejected a narrow territorial reading that would have treated the reorganisation as wiping out the existing body of binding law and emphasised continuity, certainty, and the legislative purpose behind the Act.

Conclusion: Decisions of the Bombay High Court delivered before the appointed day were held to be binding on the Gujarat High Court.

Final Conclusion: The pre-reorganisation decisions of the Bombay High Court continued to operate as binding authority in Gujarat until altered by competent law.

Ratio Decidendi: The statutory phrase "law in force" in the reorganisation legislation includes binding judicial precedents of the predecessor High Court, so that pre-appointed-day decisions continue to govern the successor State's High Court unless displaced by competent legislation or later binding authority.

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