Section 14A in The Appellate Side Rules of The High Court at Calcutta
14A.
(1)All cases transferred to the High Court by subordinate court under Article 228 of the Constitution of India shall after service of notice on the parties, be laid before the Division Bench presided over by the Chief Justice for determination whether such cases involve a substantial question of law as to the interpretation of the Constitution. All applications under the said Article for transferring such cases to the High Court shall also be moved before the Bench presided over by the Chief Justice.(2)If the court is satisfied that the case so transferred involves a substantial question of law, the case shall be laid before such Bench as the Chief Justice may direct. The Bench so constituted shall thereupon, after service of notice on the parties, proceed to determine, in the first instance, whether the point of law can be decided without entering into questions of fact. If in the opinion of the Bench, the question of law involved in the case can be decided without disposing of the whole case, then it will give its decision on such point after such hearing as it may consider necessary and thereafter the records of the lower court, together with the opinion of the Bench, shall be transmitted back to the lower court for disposing of the case in accordance with law.(3)If the Bench appointed by the Chief Justice is of opinion that the question of law as to the interpretation of the Constitution of India cannot be decided without hearing the whole case, then it will send back the record to the Chief Justice with its opinion and the case will thereafter be heard by a single Judge to be nominated by the Chief Justice and the procedure laid down by the Code of Civil Procedure and the Criminal Procedure Code for the hearing of cases transferred from districts to the High Court for disposal will be followed.
