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Section 10: Judgments and orders of Benches.

The United Provinces Honorary Munsifs Act, 1896State Act of Uttar Pradesh · Act 2 of 1896

(1) The opinion of the majority of the members of the Bench shall prevail and be deemed to be the decision of the Benches.

(2) Subject to the provisions of sub-section (1), the [State Government] may, after consultation with the High Court, make rules respecting the mode of settling differences of opinion which may arise between the members of a Bench.

(3) In making rules under sub-section (2) the [State Government] may direct-

(a) that the Bench shall forward the record of the case in which such difference of opinion has arisen to the District Judge for orders;

(b) that the District Judge shall transfer the case for decision of the question in respect of which such difference of opinion has arisen to any Court subordinate to him having jurisdiction, and that the Bench shall dispose of the case in conformity with such decision; or

(c) that the District Judge shall withdraw the case from the Bench and try it himself or transfer it for trial to any Court subordinate to him having jurisdiction.

(4) When any subordinat Court has decided any question under clause (b) of sub-section (3), such subordinate Court shall not try any appeal from any decree or order passed by the Bench in any case in which such question has been so decided.

Where this provision sits

ActThe United Provinces Honorary Munsifs Act, 1896
Section10
Marginal noteJudgments and orders of Benches.
JurisdictionState of Uttar Pradesh
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.

  • substituted. . Subs. by the A.O. 1950 for (Provincial Government) which had been subs. by the A.O. 1937 for (L.G.).

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