Section 12:
Power of State Government to refer questions for decision of High Court.
12. Power of 1[State] Government to refer questions for the decision of the High Court.-- If in the trial or investigation of any suit, claim or objection, which, but for the passing of this Act, might have been tried or investigated by a Civil Court, there arises any question on which 2*** the 3[ 1[State] Government] desires to have the decision of the High Court, 2*** the 3[ 1[State] Government] 4*** may cause a statement of the question to be prepared, and may refer such question for the decision of the High Court 5***.
The said High Court shall fix an early day for the hearing of the question referred, and cause notice of such day to be placed in the Court-house.
The parties to the case may appear and he heard in the High Court in person or by their advocates or pleaders.
The High Court, when it has heard and considered the case, shall send a copy of its decision, with the reasons therefor, under the seal of the Court, to the Government by which the reference was made, and subject to any appeal which may be presented to 6[the Supreme Court], the case shall be disposed of conformably to such decision..
If the High Court considers that any such statement is imperfectly framed, the High Court may return it for amendment.
The costs (if any) consequent on any such reference shall be dealt with as the High Court in each case directs
Notes:
1. Subs. by the Adaptation of Laws Order, 1950, for "Provincial".
2. The words "the Governor General in Council or" omitted by the Adaptation of Indian Laws Order in Council.
3. Subs. by ibid., for "Provincial Government".
4. The words "as the case may be" were omitted by the Adaptation of Indian Laws Order in Council.
5. The words "the Governor General in Council or" omitted by the Adaptation of Indian Laws Order in Council.
6. Subs. by the Adaptation of Laws Order, 1950, for "Her Majesty in Council".