Article 228 of CoI : Article 228: Transfer of certain cases to High Court.

CoI

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Explanation using Example

Example 1:

Scenario: A dispute arises between two parties over the ownership of a piece of land. The case is initially filed in a District Court. During the proceedings, one party argues that a specific provision of the Constitution, which deals with property rights, needs to be interpreted to resolve the dispute.

Application of Article 228: The District Court recognizes that the interpretation of the constitutional provision is crucial for deciding the case. The court refers the matter to the High Court. The High Court, upon reviewing the case, agrees that a substantial question of law regarding the interpretation of the Constitution is involved. The High Court then withdraws the case from the District Court.

  • Option (a): The High Court decides to dispose of the entire case itself, including the interpretation of the constitutional provision and the final judgment on the ownership dispute.
  • Option (b): The High Court interprets the...

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