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Issues: (i) Whether the High Court, while dealing with a statutory reference in advisory jurisdiction, could set aside the Tribunal's order and remand the matter for recording of fresh evidence instead of answering the questions referred. (ii) Whether the High Court was required to decide all questions submitted to it under the reference procedure.
Issue (i): The statutory scheme confined the High Court to answering the questions of law referred to it. If the statement of case was insufficient, the proper course was to call for additions or alterations to the statement and then answer the reference. The High Court had no appellate power to set aside the Tribunal's order or to remand the case for recording evidence.
Conclusion: The remand order was without jurisdiction and could not be sustained.
Issue (ii): The reference provisions required the High Court to decide every question submitted, unless a question was merely academic, irrelevant, unnecessary, or otherwise not requiring an answer. Partial disposal of the reference left the statutory process incomplete and prevented the Tribunal from acting consistently with the High Court's judgment.
Conclusion: The High Court was bound to decide all referred questions and could not leave one of them unanswered.
Final Conclusion: The appeals succeeded, the High Court's order was set aside, and the reference was sent back for disposal according to law; no view was expressed on the merits of the answer already recorded on one question.
Ratio Decidendi: In a statutory reference, the High Court's function is confined to answering the questions referred and, if necessary, seeking an amplified statement of case; it cannot exercise appellate powers or remand the matter for fresh evidence, and it must dispose of all referred questions unless a question is truly not required to be answered.