Report No. 67
Appendix
Provisions for Hearing by Judges of a Particular Number, Occurring in Selected Enactments
Act |
Provision for minimum number of Judges |
Definition of "High Court" |
| Income-tax Act, 1961,section 259 (Hearing of reference made by Tribunals). | Not less than two Judges of the High Court | "High Court" is defined in terms which exclude Judicial Commissioners (see section 269). |
| Indian Divorce Act, 1869, section 17 and section 3 (Confirmation of divorce granted by district court). | (a) Three Judges where the number of Judges is three or upwards Majority to prevail. | "High Court" is defined in terms which exclude Judicial Commissioners. |
| (b) Two judges where the number of Judges is two-View of Senior judge to prevail. | ||
| Section 369, Code of Criminal Procedure, 1973 (Confirmation of death sentence). | Section 96(2) provides that every such application shall, "where the High Court consists of three or more Judges, be heard and determined by a special Bench of High Court composed of three Judges", and "where the High Court consists of less than three Judges, such special Bench shall be composed of all the Judges of that High Court." | Section 2(c) defines "High Court". In relation to a Union territory other than the territory of Delhi, it means the highest Court of Criminal Appeal of that territory other than the Supreme Court of India. |
| Code of Criminal Procedure, 1973, section 96(2) and section 2(e) (application to High Court to set aside declaration of forfeiture of publication). | Confirmation of death sentence, or passing of any now sentence or order of High Court "shall, when such Court consists of two or more Judges, be made, passed and signed by at least two of them." | See above, under Code of Criminal Procedure, 1973, section 96(2). |
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