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S.113

S.113: Application to make Reference before High Court to construe the import and scope of any provision of law


The accrual of cause of action to make this Application: Where during the course of proceeding, the import and scope of any provision of law arises which has not so far being construed by the higher Courts, any party, may make an Application before the trial Court to make a Reference to the High Court, for the opinion of the High Court. And

Where the trial Court is satisfied that the case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the trial Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.


Section 113: Reference to High Court
Subject to such conditions and limitations as may be prescribed, any Court may state a case and refer the same for the opinion of the High Court, and the High Court may make such order thereon as it thinks fit:

Provided that where the Court is satisfied that a case pending before it involves a question as to the validity of any Act, Ordinance or Regulation or of any provision contained in an Act, Ordinance or Regulation, the determination of which is necessary for the disposal of the case, and is of opinion that such Act, Ordinance, Regulation or provision is invalid or inoperative, but has not been so declared by the High Court to which that Court is subordinate or by the Supreme Court, the Court shall state a case setting out its opinion and the reasons therefor, and refer the same for the opinion of the High Court.

Explanation.-In this section, "Regulation" means any Regulation of the Bengal, Bombay or Madras Code or Regulation as defined in the General Clauses Act. 1897 (10 of 1897). or in the General Clauses Act of a State.


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