Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]
It can only refer the entire case to division bench, the court said.The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest.A bench comprising Justice CT Ravikumar and Justice KP Jyothindranath held that while referring. The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest. A bench comprising Justice CT Ravikumar and Justice KP Jyothindranath held that while referring the case to the division bench, rights of parties or any other questions of law involved therein could not be the decided under the order of reference. The single bench had referred some questions to the division bench taking note of divergent views expressed by various other single benches regarding the ratio decidendi in the decision of the Supreme Court in Pepsico India Holdings Pvt.
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