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Reference

Reference 

Section 395 provides for Reference to High Court. The court is empowered to make a reference to High Court if following two conditions exists:

  •  The pending case must involve a question as to the validity of any Act, Ordinance or Regulation or any provision as contained in an Act, Ordinance or Regulation.
  •  The court should be of opinion that such Act, Ordinance or Regulation is invalid or in operative but has not been so declared by the High Court to which that court is subordinate or by the Supreme Court.

A Court of Session or a Metropolitan Magistrate may, if he thinks fit in any case to which the provisions of Section 395(1) do not apply, refer for the decision of the High Court any question of law arising in the hearing of such case.

  • Banarsi Yadav vs Krishna Chandra Dass:

In this case, it was decided that when there is a plausible dispute about an Act's constitutionality, a lower court may refer the case to the Supreme Court.

  • Sreenivasa Rao and Ors vs. Govt of Andra Pradesh :

The subordinate court lacked the authority to determine the legality of any Act, Ordinance, or Regulation. As a result, requires the subordinate court to refer the ongoing case to the High Court for resolution of the legality issue that is necessary for the case to be resolved.

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