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C.I. 16         

       SUPREME COURT  RULES      1996

 

PART VII - REFERENCES TO THE COURT

 67. References to the Court

(1) A reference to the Court for the determination of any question, cause or matter pursuant to any provision of the Constitution or of any other law shall be by way of a case stated by the court below, or by the person or authority making the reference.

            (2)  A case stated under sub-rule (1) of this rule shall contain-

(a)  a summary of the action or matter before the court below or the person or the authority from which the reference is made;.

(b) the issue involved in the matter before the court or that person or    

     authority;

              (c) the matter or question referred for determination by the Court;

 

              (d) any findings of fact relevant to the matter or question referred to the

Court;

              (e) the arguments of counsel, if any;

               (f) the ruling or decision of the court below or of that person

                   or authority; and

    (g) a statement by the court below that the determination of the constitutional matter or question is necessary to a decision of the action, where the reference is made under  clause(2) of article 130 of the Constitution.

     

(3) Each party may, with the consent of the court below or that person or authority, and shall, when so ordered by tile Court, state his case or jointly state a case containing arguments of law and a list of the of decided cases and the statute law in support of the case. .

            (4) The Court may call for the record of the proceedings before the court below or before the person or authority making the reference.

(5) The provisions of rule 53 of these Rules shall, with such modification as may be necessary apply to a reference before the Court.

 

 

 

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