Repealed or not in force · As amended up to 2026-08
111. The Superintendent or Judge as aforesaid iiiay proceed in the case notwithstandiug a reference to the High Court, and may And decree may be passed contingent thereon, but[pass ][a ][decree contingent up011 the opillion of the High ] pending not to issue. execution Court on tlie point referred ; but no execution shall be issued in ally case in which a refereilce shall be uade to the High Court until the receipt of the order of that Court.
Full bench of the High Court to decide cases referred under this Act.
IV. Cases referred for the opinion of the High Court shall be dealt with by two or more Judges of that Court.
Hi h Court to fix an early iay for the hearing of the case. Proclamation thereof.
V. The High Court shall fix an early day for tlie hearing of the case, and shall notify the same by a proclamation to be fixed up in tlie Court House of that Court.
Parties may appear and be heard in person or by pleader.
VI. The parties to the case may appear and be heard in the High Court in person or by pleader.
VII. The High Court, when it has heard and considered the case, shall Decision of High Court[transmit a copy of its judgmelit., uiider the seal of the ] `1101~` to be transmitted. Court and the signature of the Register, to the Superin. tendent or Judge as aforesaid, arid tlie Superintendent or Judge as aforesaid shall, on the receipt thereof, proceed to dispose of the case conformably to the decision of the High Court.
tained in tlie Code of Civil Procedure regarding regular appeals.
X. A s~ecial appeal shall lie to tlle High Court of Judicature at Port
~ ~ i . 1 apl,eal to ~i~~ William from all decisions ~assed in regular appeal by Court in certain cases. such Judge, on the ground of tlze decisiou being contrary to some law or usage having the force of law, or of a substantia.1 error or defect in law in the procedure or investigation of the case which nlay have produced error or defect it1 the decision of the case upon the merits, and upon no other ground, and such special appeal shall be subject to the rules contained in the Code of Civil Procedure regarding specia.1 appeals.
XI. I n all suits hea,rd and determinsd by the Superintendent, or by any other Court which is or hereafter may be established in the In suits above 5,000 R ~ p e e r egular appeal t o said District of Darjeeling in which the amount or value lie to High Court. of the suit shall exceed Rupees five thousand, an appeal shall lie to the said High Court, subject to the rules contained in the Code of Civil Procedure regarding regular appeals.
XII. When a commitment in a case triable under the Code of Criminal provision for cases triProcedure by `a.` Court of Sessions is made by the said "le under Code court uf `Of` Crilninal sedans[superintendent, or by any other Officer in such District ] procedure. competent to make conlmitments to the Court of Sessions, such commitnient shall be made to the Sessions Judge of Dinagepore, and shall be heard and determined by him.
Source: India Code