Disposal of case according to decision of High Court
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Summary
When the High Court answers a question referred to it, it will make any order it thinks fit and send a copy to the lower court that made the reference. The lower court must then dispose of the case according to that order. The High Court may also direct who pays the costs of the reference.
Example
Priya's trial court referred a legal point to the High Court during her theft case. The High Court gave its order and sent a copy back to the trial court. The trial court then disposed of Priya's case in line with that order, and the High Court directed who should pay the costs of the reference.
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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