117. Appeal to High Court.—
(1) Any person aggrieved by any order passed by the State Bench or
Area Benches of the Appellate Tribunal may file an appeal to the High Court and the High Court may admit
such appeal, if it is satisfied that the case involves a substantial question of law.
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(2) An appeal under sub-section
(1) shall be filed within a period of one hundred and eighty days from
the date on which the order appealed against is received by the aggrieved person and it shall be in such
form, verified in such manner as may be prescribed:
Provided that the High Court may entertain an appeal after the expiry of the said period if it is
satisfied that there was sufficient cause for not filing it within such period.
(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall
formulate that question and 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 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.
(4) The High Court shall decide the question of law so formulated and deliver such judgment thereon
containing the grounds on which such decision is founded and may award such cost as it deems fit.
(5) The High Court may determine any issue which––
(a) has not been determined by the State Bench or Area Benches; or
(b) has been wrongly determined by the State Bench or Area Benches, by reason of a decision on
such question of law as herein referred to in sub-section
(3).
(6) Where an appeal has been filed before the High Court, it shall be heard by a Bench of not less
than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or
of the majority, if any, of such Judges.
(7) Where there is no such majority, the Judges shall state the point of law upon which they differ and the
case shall, then, be heard upon that point only, by one or more of the other Judges of the High Court and such
point shall be decided according to the opinion of the majority of the Judges who have heard the case
including those who first heard it.
(8) Where the High Court delivers a judgment in an appeal filed before it under this section, effect
shall be given to such judgment by either side on the basis of a certified copy of the judgment.
(9) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908
(5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals
under this section.
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