Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Reference procedure for validity questions allows higher determination and permits interim custody or bail during pending decision. A trial court that finds adjudication of the validity of an Act, Ordinance, Regulation or provision necessary and believes it to be invalid must state a case with reasons and refer it to the higher court. 'Regulation' is as defined in the General Clauses Act. A Court of Session may also, where the mandatory reference does not apply, refer questions of law arising in a case. Pending the higher court's decision on any such reference, the referring court may either commit the accused to custody or release them on bail to secure appearance.
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.
Reference procedure for validity questions allows higher determination and permits interim custody or bail during pending decision.
A trial court that finds adjudication of the validity of an Act, Ordinance, Regulation or provision necessary and believes it to be invalid must state a case with reasons and refer it to the higher court. "Regulation" is as defined in the General Clauses Act. A Court of Session may also, where the mandatory reference does not apply, refer questions of law arising in a case. Pending the higher court's decision on any such reference, the referring court may either commit the accused to custody or release them on bail to secure appearance.
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