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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.

Code of Civil Procedure 1908

What is the Effect of rules in First Schedule? What is the Power of certain High Courts to make rules? Section 121 and 122 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

What is the Power of other High Courts to make rules? What is the meaning Rules to be subject to approval? Section 125 and 126 of Code of Civil Procedure 1908

What is Publication of rules? What are the matters for which rules may provide? Section 127 and 128 of Code of Civil Procedure 1908

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

What is Exemption of certain women from personal appearance? What is Exemption of other persons? Section 132 and 133 of Code of Civil Procedure 1908

What is Arrest other than in execution of decree? What is Exemption from arrest under civil process? Section 134 and 135 of Code of Civil Procedure 1908

What is Exemption of members of legislative bodies from arrest and detention under civil process? Section 135A of Code of Civil Procedure 1908

What is Procedure where person to be arrested or property to be attached is outside district? Section 136 of Code of Civil Procedure 1908

What is the Language of subordinate Courts? Section 137 of Code of Civil Procedure 1908

What is the Power of High Court to require evidence to be recorded in English? Section 138 of Code of Civil Procedure 1908

Oath on affidavit by whom to be administered? Who are Assessors in causes of salvage etc? Section 139 and 140 of Code of Civil Procedure 1908


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