HCROMP 9Chapter I · Jurisdiction of A Single Judge and of Benches of The Court

Section 9 · Section 9

(1)

A Judge sitting alone may refer any proceeding pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges when it involves a question of law of difficulty or importance.

(2)

A Judge sitting alone shall refer any proceeding other than an original proceeding including a suit pending before him to the Chief Justice with a recommendation that it be placed before a Bench of two Judges,-

(a)

when it involves a substantial question of law as to the interpretation of the Government of India Act or of any order in Council made thereunder or the Constitution or of any order of the President made thereunder.

(b)

if he considers that the decision in the proceeding involves reconsideration of a decision of a Judge sitting alone in the Central Provinces Law Reports, the Nagpur Law Reports or the Indian Law Reports, Nagpur Series.

(3)

In proceeding of the nature referred to in sub-rule (1) of this rule the referring Judge may refer a stated question or questions or may ask that the proceedings be heard and decided by the Bench to which it is referred. If he refers a stated question or questions he shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.

(4)

In cases of the nature referred to in clause (a) of sub-rule (2) of this rule; the proceeding shall be heard and decided by the Bench to which it is referred.

(5)

In proceedings of the nature referred to in clause (b) of sub-rule (2) of this rule the referring Judge shall refer a stated question or questions and shall dispose of the proceedings in accordance with the decision of the Bench on the question or questions referred to it.

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