53. Power of Compensation Board to state special case for decision of High Court
Feedback & supportThe Compensation Board may, at any stage of an application or proceeding before it, reserve for the consideration of the High Court any question of law arising in the application or proceeding in the form of a special case which shall be —
Compensation Board
“Compensation Board” means the Railway Compensation Board established under section 49;
drawn up by the President and shall set out shortly the facts on which the law is to be applied and the question or questions of law to be determined;
sent by the President to the Registrar of the Supreme Court; and
set down for argument in such manner as the High Court directs.
The High Court shall hear and determine the question or questions of law arising on the special case and shall thereupon remit the matter to the President with the opinion of the Court thereon and that opinion shall be binding on the Compensation Board.
President
“President” means the President of the Railway Compensation Board appointed under section 49;
The costs of the proceeding in the High Court shall be in the discretion of the Court and may be dealt with by the order of the Court, except that no member of the Compensation Board shall be personally liable to any costs in respect thereof.
member
“member” means a member of the Corporation and includes the Chairman and the Deputy Chairman;
Nothing in this section shall be construed to prevent the Compensation Board from determining any question of law arising in the application or proceeding before it.[45