SECTION 123, 124 OF CODE OF CIVIL PROCEDURE 1908

What is Constitution of Rule Committees in certain States? What is the meaning Committee to report to High Court? Section 123 and 124 of Code of Civil Procedure 1908

Constitution of Rule Committees in certain States and Committee to report to High Court are defined under Section 123 and 124 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 123 of Code of Civil Procedure 1908 "Constitution of Rule Committees in certain States"

(1) A committee to be called the Rule Committee, shall be constituted at the town which is the usual place of sitting of each of the High Courts referred to in section 122.

(2) Each such Committee shall consist of the following persons, namely-

(a) three Judges of the High Court established at the town at which such Committee is constituted, one of whom at least has served as a District Judge or a Divisional Judge for three years,

(b) two legal practitioners enrolled in that Court

(c) a Judge of a Civil Court subordinate to the High Court
 

(3) The members of each such Committee shall be appointed by the High Court, which shall also nominate one of their number to be President :
(4) Each member of any such Committee shall hold office for such period as may be prescribed by the High Court in this behalf; and whenever any member retires, resigns, dies or ceases to reside in the State in which the Committee was constituted or becomes incapable of acting as a member of the Committee, the said High Court may appoint another person to be a member in his stead.

(5) There shall be a secretary to each such Committee who shall be appointed by the High Court and shall receiver such remuneration as may be provided in this behalf by the State Government.

STATE AMENDMENTS
Assam and Nagaland- Substitute the following for clause (a) sub-section (2) of section 123.

"(a) three judges of the High Court established at the town at which such committee is constituted, provided that the Chief Justice may appoint only two judges of the High Court on the Committee if the number of Judges of the High Court does not exceed three"
[Assam Act No. VIII of 1953].

Tamil Nadu- In section 123 sub-section (2).
(a) "In clause (b) for the words `two legal practitioners' substitute the words `three legal practitioners'."

(b) "Omit the words `Madras' in clause (d)".
[Tamil Nadu Act No. 15 of 1970].

Section 124 of Code of Civil Procedure 1908 "Committee to report to High Court"

Every Rule Committee shall make a report to the High Court established at the town at which it is constituted on any proposal to annul, alter or add to the rules in the First Schedule or to make new rules, and before making any rules under section 122 the High Court shall take such report into consideration.

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