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TMI Blog1969 (4) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... ions, only one has been answered and the second has not been answered. Even if the judgment of the High Court is communicated as required under section 34(5) of the Act, the Tribunal cannot proceed to dispose of the case consistently with the judgment of the High Court, because there is no judgment of the High Court answering the second question. Set aside the order passed by the High Court and direct that the High Court do hear and dispose of the reference according to law - Civil Appeal No. 1281, 1282, 1283, & 1284 of 1969, - - - Dated:- 17-4-1969 - SHAH J.C. AND MITTER G.K. JJ C.K. Daphtary, Senior Advocate (R.H. Dhebar and S.P. Nayar, Advocates, with him), for the respondent. M.C. Chagla, Senior Advocate (S.S. Javali, A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sh their respective cases about the actual place of delivery of coal. The High Court then proceeded to order that the case be remanded to the Tribunal with a direction that "each side may be given a chance to lead evidence either before the Tribunal or any other authority it may direct to take up the matter regarding actual delivery of coal. After such evidence is tendered, a finding will be recorded and the question will be decided by the Tribunal in the light of the material on the record according to law." With special leave, these appeals have been preferred against the order of the High Court. It is unfortunate that the true nature of the jurisdiction which they were called upon to exercise was ignored by the High Court. The matter c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l of the court and the signature of the Registrar, and the Tribunal shall dispose of the case accordingly. It is implicit that all questions submitted to the High Court must be decided. That rule may be departed from only in those cases where the question is academic or does not arise out of the order of the Tribunal or is such that it will not dispose of the dispute, or is unnecessary or irrelevant and the High Court declines to answer the question. Out of the two questions, only one has been answered and the second has not been answered. Even if the judgment of the High Court is communicated as required under section 34(5) of the Act, the Tribunal cannot proceed to dispose of the case consistently with the judgment of the High Court, be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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