Minerals Development Act, 1940

Cases stated on questions of law.

71.—(1) The Board may, if it so thinks fit, of its own motion or on the application of any party to proceedings under this Part of this Act, and at any stage of such proceedings, refer any question of law arising in the course of such proceedings by way of case stated for the determination of the High Court, and may adjourn the pronouncement of its award pending such determination.

(2) In lieu of stating a case in the course of proceedings under the foregoing sub-section, the Board may, if a question of law is involved therein, state its award or any part thereof in the form of a special case for the determination of the High Court.

(3) Any party to proceedings before the Board who is aggrieved by the refusal of the Board to state a case on a question of law under this section may apply, either before or after the Board has made its award, to the High Court in a summary manner for an order directing the Board to state a case for the determination of the High Court on such question, and on such application the High Court may make such order, and, in that event, the Board shall comply with the terms thereof, notwithstanding that the Board has already given its award.

(4) The decision of the High Court upon any case stated under this section shall be final and conclusive and shall not be subject to an appeal to the Supreme Court.

(5) The costs of and incidental to any reference to the High Court under this section shall be in the discretion of that Court.