1981 (4) TMI 273

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....earing referred the following question of law for the opinion of the Division Bench : Q. :- Whether the order dt. Jan. 21, 1963 made by the Chief Settlement Commissioner was final and binding in the present appeal, and if so, what is its effect upon the point in (controversy in the present appeal? It was this question which was referred by the single Judge to the Division Bench and the Divis....

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....w referred to them. But instead the Division Bench proceeded to dispose of the Second Appeal on merits and dismissed it with costs. We think that the Division Bench was in error in following this procedure. The Division Bench ought to have sent the appeal back to the single Judge with the answer rendered by them to the question referred by the single Judge and left it to the single Judge to dispos....