High Court bench strength and majority decision rule govern customs reference cases when judges differ on a point of law. Cases referred to the High Court under the Customs Act must be heard by a Bench of not less than two judges and decided by their opinion or the majority view. If there is no majority, the judges must state the point of law on which they differ, and that point is then heard by other judges of the High Court. The point is decided according to the majority of all judges who hear it, including the original judges.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
High Court bench strength and majority decision rule govern customs reference cases when judges differ on a point of law.
Cases referred to the High Court under the Customs Act must be heard by a Bench of not less than two judges and decided by their opinion or the majority view. If there is no majority, the judges must state the point of law on which they differ, and that point is then heard by other judges of the High Court. The point is decided according to the majority of all judges who hear it, including the original judges.
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