Appeal before High Court
Section 15 of Bihar Electricity Duty Act, 2018 deals with appeal before High Court. An appeal shall lie to the High Court from every order passed by the Tribunal, if the High Court is satisfied that the case involves a substantial question of law.
(1) An appeal shall lie to the High Court from every order passed by the Tribunal, if the High Court is satisfied that the case involves a substantial question of law.
(2) The Commissioner or a dealer aggrieved by any order passed by the Tribunal,- (i) under the Bihar Electricity Duty Act, 1948, (Bihar Act 36 of 1948) as it stood before its repeal by Section-23, on or after the date of commencement of this Act; or (ii) under this Act, may file an appeal to the High Court, and such appeal under this section shall be filed within ninety days from the date of the communication to the dealer or the Commissioner on any question of law arising out of such order.
(3) Where the High is satisfied that a substantial question of law is involved in any case, it shall formulate the question.
(4) The appeal shall be heard only on the question so formulated and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question.
Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the High Court to hear for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.
(5) (a) The High Court shall decide the substantial question of law so formulated or involved and deliver such judgment thereon containing the grounds on which such decision is founded and may award such costs as it deems fit.
(b) The High Court may determine any issue which- (i) has not been determined by the Tribunal, or (ii) has been wrongly determined by the Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1).
(6) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908, (5 of 1908) relating to appeals to High Court, shall as far as may be, apply in the case of appeals under this section.
Section 15, Bihar Electricity Duty Act, 2018 (Act 4 of 2018).
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 15
What does Section 15 of the Bihar Electricity Duty Act deal with?
Section 15 of the Bihar Electricity Duty Act is headed "Appeal before High Court". An appeal shall lie to the High Court from every order passed by the Tribunal, if the High Court is satisfied that the case involves a substantial question of law.
How do I find court cases under Section 15 of the Bihar Electricity Duty Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Bihar Electricity Duty Act 15, section 15 Bihar Electricity Duty Act, section 15 of the Bihar Electricity Duty Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 15 of the Bihar Electricity Duty Act, and has it changed?
One instrument names it without being made under it, most recently Bihar Electricity Duty Rules, 2020 (2020).
When was the Bihar Electricity Duty Act enacted?
Bihar Electricity Duty Act was enacted in 2018 as Act 4 of 2018. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 2. Definitions800 words
- 6. Payment and recovery of electricity duty726 words
- 10. Assessment of duty546 words
- 22. Power to make rules443 words
- 18. Special mode of recovery423 words
- 17. Applicability of interest in case of delayed payment379 words
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