Section 42
Application Of Jurisdiction Of Court
(1) All the members shall collectively exercise the jurisdiction of the Court.
Provided that the Bench in which at least one Member is present may carry out procedural matters other than detention, and the Bench in which two Members are present may take all other matters including detention.
(2) If unanimity is not reached while trying and settling a case in presence of two Members, the case shall be settled as per the opinion of the Chairperson if it is the Bench including the Chairperson in case it is the procedural matter of the case.
(3) If it is the Bench in which the Chairperson is not present, it shall be as per the opinion of the senior member based on the appointment. If it is the decision or final order of the case, it shall be submitted to the Chairperson, and the opinion supported by him or her shall be deemed to be the decision of the Court.
(4) The three Members shall collectively exercise the jurisdiction of the Bench and majority opinion including that of the Chairperson shall be deemed to be the decision of the Court.
(5) If all three Members have divergent opinion, the opinion of the Chairperson prevails on the procedural matters and if it is on decision or final order it shall be forwarded to the concerned High Court for the decision, by specifying the reasons for not being able to issue a decision or final order.
(6) Hearing of the case pursuant to sub-section (5) shall be held in the single Bench of the High Court and the decision or final order made by such a Bench shall be deemed to be the decision or final order of the Court.
Provided that the Bench in which at least one Member is present may carry out procedural matters other than detention, and the Bench in which two Members are present may take all other matters including detention.
(2) If unanimity is not reached while trying and settling a case in presence of two Members, the case shall be settled as per the opinion of the Chairperson if it is the Bench including the Chairperson in case it is the procedural matter of the case.
(3) If it is the Bench in which the Chairperson is not present, it shall be as per the opinion of the senior member based on the appointment. If it is the decision or final order of the case, it shall be submitted to the Chairperson, and the opinion supported by him or her shall be deemed to be the decision of the Court.
(4) The three Members shall collectively exercise the jurisdiction of the Bench and majority opinion including that of the Chairperson shall be deemed to be the decision of the Court.
(5) If all three Members have divergent opinion, the opinion of the Chairperson prevails on the procedural matters and if it is on decision or final order it shall be forwarded to the concerned High Court for the decision, by specifying the reasons for not being able to issue a decision or final order.
(6) Hearing of the case pursuant to sub-section (5) shall be held in the single Bench of the High Court and the decision or final order made by such a Bench shall be deemed to be the decision or final order of the Court.