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Report No. 136

3. Conflict of decisions and reference by the High Court.-

(1) Where, on a question of law involved in a case pending before a High Court being a question to which this section applies, the High Court takes a view which is in disagreement with the view taken on that question in a judgment of another High Court (not being a judgment which has been subsequently overruled or superseded by law), then the High Court shall, before finally disposing of the case, make a reference of the question to the Supreme Court, in order that the law on the subject may be settled for the whole of India.

(2) The provisions of this section apply to a question of law-

(a) relating to the interpretation of a Central Act or of a statutory instrument issued there under, or

(b) relating to a subject forming part of the uncodified law of India, but they do not apply to a question relating to the interpretation of the Constitution or any order issued thereunder.



Conflicts in High Court Decisions on Central Laws - How to Foreclose and how to Resolve Back




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