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    Reference To The Full Bench

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    This document outlines procedures for referring cases to a Full Bench in the High Court. It states that a case may be referred to a Full Bench if a Division Bench desires it and the Chief Justice consents, or if a Division Bench disagrees on a point of law with another Division Bench. It provides details on how cases that are appeals or revisions are to be referred, what is referred (questions of law or specific points), and how the Full Bench ruling is then applied to the case. The Full Bench decision is binding on all Division Benches and Judges unless subsequently reversed by a specially constituted larger Bench.

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    Reference To The Full Bench

    Uploaded by

    WWWEEEE
    72 views1 page
    This document outlines procedures for referring cases to a Full Bench in the High Court. It states that a case may be referred to a Full Bench if a Division Bench desires it and the Chief Justice consents, or if a Division Bench disagrees on a point of law with another Division Bench. It provides details on how cases that are appeals or revisions are to be referred, what is referred (questions of law or specific points), and how the Full Bench ruling is then applied to the case. The Full Bench decision is binding on all Division Benches and Judges unless subsequently reversed by a specially constituted larger Bench.

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    This document outlines procedures for referring cases to a Full Bench in the High Court. It states that a case may be referred to a Full Bench if a Division Bench desires it and the Chief Justice consents, or if a Division Bench disagrees on a point of law with another Division Bench. It provides details on how cases that are appeals or revisions are to be referred, what is referred (questions of law or specific points), and how the Full Bench ruling is then applied to the case. The Full Bench decision is binding on all Division Benches and Judges unless subsequently reversed by a specially constituted larger Bench.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    72 views1 page

    Reference To The Full Bench

    Uploaded by

    WWWEEEE
    This document outlines procedures for referring cases to a Full Bench in the High Court. It states that a case may be referred to a Full Bench if a Division Bench desires it and the Chief Justice consents, or if a Division Bench disagrees on a point of law with another Division Bench. It provides details on how cases that are appeals or revisions are to be referred, what is referred (questions of law or specific points), and how the Full Bench ruling is then applied to the case. The Full Bench decision is binding on all Division Benches and Judges unless subsequently reversed by a specially constituted larger Bench.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 1

    10

    CHAPTER IV

    Reference to the Full Bench

    1. Whenever a Division Bench desires and the Chief Justice consents that any case
    shall be referred to a Full Bench or whenever in any case a Division Bench
    differs from any other Division Bench upon a point of law or usage having the
    force of law, such case shall be referred for decision by a Full Bench.

    2. If the case is an appeal from an appellate decree, the Bench shall state the point
    or points which they desire to refer or upon which they differ from the decision
    of a former Division Bench, as the case may be, and shall refer the appeal for the
    final decision of a Full Bench.

    3. If the case is an appeal from an original decree or order, the questions of law
    shall alone be referred and the Bull Bench shall return the case with an
    expression of its opinion upon the points of law for final adjudication by the
    Division Bench which referred it, and in case of necessity in consequence of the
    absence of all or any of the referring Judges, for the ultimate decision of another
    Division Bench.

    4. If the case is one which has come before a Division Bench in the exercise of its
    Civil Revisional Jurisdiction, the point or points shall be stated as provided in
    Rule 2 and the matter shall be referred for the final decision of the Full Bench.

    5. If the case is one which has come before a Division Bench as a Court of Criminal
    Appeal, Reference, or Revision, the Court referring the case shall state the point
    or points on which they differ from the decision of the former Division Bench,
    and shall refer the case to the Full Bench for orders.

    6. Every decision of the Full Bench shall be treated as binding on all Division
    Benches and Judges sitting singly upon the point of law or usage having the force
    of law determined by the Full Bench, unless it is subsequently reversed by a
    specially constituted Bench consisting of such number of Judges as in each case
    shall be fixed by the Chief Justice or unless a contrary rule is laid down by the
    Supreme Court.
    NOTE--The judgment in all cases heard by a Full Bench is to be circulated for information to all the Judges of the Court
    who did not take part in the decision.

    ________

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