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Report No. 58

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6.29. Section 257 was inserted when the Act was revised1 in 1961; but unfortunately, we have not been able to collect statistics as to the number of references directly made by the Appellate Tribunal to the Supreme Court under this section, nor have we been able to find any pronouncements by the Supreme Court on such references (as none have been reported). Therefore, we have to decide the question about the propriety and reasonableness of the continuance of section 267 hereafter on purely juristic and the theoretical grounds.

1. Para. 6.24, supra.

6.30. In our opinion, the view that recourse to section 257 might avoid delay, which prima facie appears to be attractive, may not prove to be quite sound in actual practice. Even if a reference is made to the Supreme Court under section 257, it may involve delay if the Supreme Court exercises its power under section 258 and calls for a further statement of facts. That consideration cannot be treated as irrelevant.

6.31. Besides, even if a reference is made to the Supreme Court under section 257, the reference which is pending in the High Court1 will have to run its own course, and after the verdict of the Supreme Court is pronounced on the reference made to it directly by the Tribunal, the Tribunal will have to modify, if necessary, its conclusion on the question referred to the Supreme Court; and this modified decision of the Appellate Tribunal may have to be brought to the notice of the High Court.

1. Para. 6.28, supra.

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