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
(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 :
(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.
"(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"
Tamil Nadu- In section 123 sub-section (2).
(b) "Omit the words `Madras' in clause (d)".
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.
What is Power of High Court to make rules as to their original Civil Procedure? What are Powers of other High Court to make rules as to matters other than procedure? What is Publication of rules? Section 129, 130 and 131 of Code of Civil Procedure 1908