Repealed or not in force · As amended up to 2026-08
80. Whenever,
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`.Bt61"1?26~` C026l"t~. `[ACT` XVLI
Rules as to `80.` Whenever, in cases tried by the Juclicid findin of Speciay Court Commissioner and Becordcr of Rangoon sitting to- ill case of gether as a Special Courl without a Commissioner, a difference difference of opinion arises, the f ollonring rules shall opinlon. be observed :-
(a) I n cases coming before the Special Court by way of appeal, and not being criminal cases, if the Judicial Coizzmi~sione~ and Recorder do not concur in a judgment varying the decision appealed from, such decision shall be upheld. Provided that, if the diEerence of opinion arise as to some point of law, or custom having the force of law, or the admissibility of evidence or construction of a document affecting the merits of the case, and if either the Judicial Commissioner or the Recorder be of opinion that the point should be referred to the nigh Court, they shall statc the point as to which they differ, and forward such statement, with their respective opinions thereon, to the High Court.
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( 6 ) I n crkinal cases and in cases not coming before the Special Court by way of appeal, the Juclicial Comnzissioner and the Recorder shall state the point as to which they differ, and forward such statement, with their respective opinions thereon, to the High Court.
Case to be 81. Where in any case a statement is forwarded Fleemedpend- under section eighty, the case shall be deemed to be Ing. pending in the Special Court until it is finally decided under the provisions hereinafter contained.
Procedure of 82. The High Court shall proceed to decide any
High on reference. point stated under section eighty as if it were an appeal instituted in such Court, except that it shall not be necessary for the parties to appear either personally or by agent. A copy of the decision of the High Court shall be sent to the Special Court, and such Court shall proceed to dispose of the case conformably with that decision.
Procedure of
The costs, if any, consequent on the statement -under section eighty, of' any case for the opinion of the High Gourt, shall be costs in the suit or appeal. 83. Por
costs of reference.
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`83.` For the purposes of the Court Fees Act, to be deemed Special Court 1870) the Special Court shall be deemed to be a High a ~ i ~ Couyt in the exercise of its jurisdiction as a Court of under Acts VII of 1870 Appeal or as a Coul oP RePerence, as the case may and IXof be. 1871.
For the purposes of the Indian Limitation Act, 1871, appeals and applications to the Special Court shall be deemed to be, respectively, appeals and a,pplications to a High Court under the Code of Civil I'rocedure or under the Code of Criminal Procedure, as thc case may be.
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Source: India Code