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Section 228 – Constitution of India

Constitution of India



228. Transfer of certain cases to High Court.


If the High Court is satisfied that a case pending in a court subordinate to it involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the case, 1[it shall withdraw the case and 2*** may-]


(a) Either dispose of the case itself, or


(b) Determine the said question of law and return the case to the court from which the case has been so withdrawn together with a copy of its judgment on such question, and the said court shall on receipt thereof proceed to dispose of the case in conformity with such judgment.


1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 41, for “it shall withdraw the case and may-” (w.e.f. 1-2-1977)


2. The words, figures and letter “subject to the provisions of article 131A, “omitted by the Constitution (Forty-third Amendment) Act, 1977, s.9 (w.e.f. 13-4-1978).


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