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Section 130C: Case before High Court to be heard by not less than two judges.

The Customs Act, 1962Central Act · Act 52 of 1962

130C. Case before High Court to be heard by not less than two judges.--(1) When any case has been referred to the High Court [under section 130 or section 130A] it shall be heard by a Bench of not less than two judges of the High Court and shall be decided in accordance with the opinion of such judges or of the majority, if any, of such judges.

(2) Where there is no such majority, the judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other judges of the High Court, and such point shall be decided according to the opinion of the majority of the judges who have heard the case including those who first heard it.

Where this provision sits

ActThe Customs Act, 1962
Section130C
Marginal noteCase before High Court to be heard by not less than two judges.
JurisdictionCentral
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • omitted, Act 49 of 2005. . Section 130C to be omitted by Act 49 of 2005, s. 30 and the Schedule (28-12-2005). This amendment has been struck down by the Supreme Court's order dated 25th September, 2014 in the Madras Bar Association Vs Union of India.
  • substituted, Act 27 of 1999. . Subs. by Act 27 of 1999, s. 113, for "under section 130" (w.e.f. 11-5-1999).

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