Disposal of case according to decision of High Court
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Summary
When the High Court is asked to decide a question referred to it, it will pass whatever order it thinks fit and send a copy to the court that made the reference. The referring court must then dispose of the case in accordance with that order. The High Court may also direct who should pay the costs of the reference.
Example
Rohan's trial court is unsure whether a piece of evidence is admissible and refers that question to the High Court. The High Court rules the evidence admissible and directs the defendant to pay the costs of the reference. The trial court then proceeds and decides Rohan's case following the High Court's order.
Bare Act
Enacted text(1) When a question has been so referred, the High Court shall pass such order thereon as it thinks fit, and shall cause a copy of such order to be sent to the Court by which the reference was made, which shall dispose of the case conformably to the said order.
(2) The High Court may direct by whom the costs of such reference shall be paid.
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