Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 437: Disposal of case according to decision of High Court
(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.
Brefe Detail
Section 437 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the procedure for disposing of a case after a question has been referred to the High Court. It mandates that the High Court must issue an order based on the reference, and this order must be communicated to the referring court, which is then obligated to resolve the case in accordance with the High Court's decision. Additionally, the High Court has the authority to determine who is responsible for the costs related to the reference.
Question & Answers
Q1: What must the High Court do when a question is referred to it?
A1: The High Court must pass an order on the referred question and send a copy of that order to the referring court.
Q2: What is the obligation of the referring court after receiving the High Court's order?
A2: The referring court must dispose of the case in accordance with the High Court's order.
Q3: Can the High Court determine who pays the costs of the reference?
A3: Yes, the High Court may direct by whom the costs of such reference shall be paid.
Example
1. Example of High Court Order: If a lower court refers a question about the validity of a law, the High Court will issue an order addressing that question, which the lower court must follow in resolving the case.
2. Example of Cost Determination: After a reference, the High Court may decide that the party who initiated the reference is responsible for the costs incurred during the process.
Summary
Section 437 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes the process for disposing of cases following a reference to the High Court. It ensures that the referring court adheres to the High Court's order and provides the High Court with the authority to determine the allocation of costs related to the reference.
