Section 130D of The Customs Act,1962 View Chapter 15

Decision of High Court or Supreme Court on the case stated.


   1[130D.  Decision of High Court or Supreme Court on the case stated.--(1)  The High Court or the Supreme Court hearing any such case shall decide the questions of law raised therein, and shall deliver its judgment thereon containing the grounds on which such decision is founded and a copy of the judgment shall be sent under the seal of the Court and the signature of the Registrar to the Appellate Tribunal which shall pass such orders as are necessary to dispose of the case in conformity with such judgment.

   2[(1A)  Where the High Court delivers a judgment in an appeal filed before it under section 130, effect shall be given to the order passed on the appeal by the proper officer on the basis of a certified copy of the judgment.]

   (2)  The costs of any 3[reference to the High Court or an appeal to the High Court or the Supreme Court as the case may be] which shall not include the fee for making the reference shall be in the discretion of the Court.

1Section 130D to be omitted by Act 49 of 2005, s. 30 and the Schedule (28-12-2005). This amendment has been struck down by the Supreme Court's order dated 25th September, 2014 the Madras Bar in Association Vs Union of India.

2Ins. by Act 32 of 2003, s. 122 (w.e.f. 1-7-2003).

3Subs. by s. 122, ibid., for "reference to the High Court or the Supreme Court" (w.e.f. 14-5-2003).