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Section 6: Applications for transfer of proceedings in lower Courts

the High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letter Patent Appeals Rules, 2014State Rules of Goa · 2013

All applications for transfer of suits, appeals, criminal cases or other proceedings pending for trial or disposal in any Civil Court or Criminal Court subordinate to the High Court or over which the High Court has the power of superintendence, to -4- another Court subordinate to or under the superintendence of the High Court, or to the High Court may be disposed of by a Single Judge.

7. The point of difference of opinion between Judges of a Division Bench shall be decided in the manner provided for in section 98 of the Code of Civil Procedure or section 392 of the Code of Criminal Procedure as the case may be. After the third Judge to whom the reference is made has given his opinion, the matter shall be placed before the Division Bench which had originally heard the matter and it shall pronounce the final judgment or order disposing of the matter:

Provided that where one of the Judges constituting such Division Bench has ceased to be a Judge of the High Court or has for the time being ceased to sit at Bombay, Nagpur, Aurangabad or Goa, as the case be (the Division Bench whereof originally heard the matters), the matter shall be placed before the Division Bench of which the other Judge is a member:

Provided further that where both the Judges have ceased to be the Judge of the High Court or have ceased to sit at Bombay, Nagpur, Aurangabad or Goa, as the case may be, the Division Bench whereof originally heard the matter shall be placed before a Division Bench dealing with the class of cases to which the referred matter belongs.

And the Division Bench mentioned in the provisos shall pronounce the final judgment or order disposing of the matter.

Where this provision sits

Actthe High Court (Hearing of Writ Petitions by Division Bench and Abolition of Letter Patent Appeals Rules, 2014
Section6
Marginal noteApplications for transfer of proceedings in lower Courts
JurisdictionState of Goa
StatusIn force as published by the source

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