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Section 295 - Appeal to the Appellate Division

(1) In respect of any judgment passed by the High Court Division under section 294, if the High Court Division certifies the said judgment as appealable to the Appellate Division, an appeal shall lie in that case.

(2) As far as the provisions of the Code of Civil Procedure 1908 (Act No. V of 1908) are applied by the High Court Division in respect of decrees, the said provisions shall, so far as possible, be applicable to appeals under this section to the Appellate Division:

Provided that nothing in this section deemed to be affect the provisions of sub-section (2) o. (4) of section 294:

Further provided that the High Court Division on a petition made for execution of the order in respect of which costs are allowed as per the order of the Appellate Division may transmit the order for execution to any other court subordinate to the High Court Division.

(3) Where the judgment passed by the High Court Division under this section is revised, the order of the Appellate Division shall be effective in the same manner as is followed in giving effect to the judgment of the High Court Division referred to in sub-sections (2) and (4) of section 294.

(4) As the provisions of sub-sections (3) and (4) of section 294 relating to payment of costs and taxes are applicable under section 294 in reference cases in the High Court Division, the said provisions shall be equally applicable to appeals in the Appellate Division.

Note: This is unofficial English translation. In the event of a conflict between the information on this website and the original Government publications or notifications of laws, rules, regulations, and SROs, the Government publications or notifications shall prevail. Moreover, as per Section 345(2) of the Income Tax Act 2023, if there is a conflict between the English and Bengali text, the Bengali text shall prevail.

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