Skip to main content

Section 123 CPC - Code of Civil Procedure - Constitution of Rule Committees in certain States.

 Section 123 CPC Description

(1) A committee to be called the Rule Committee, shall be constituted at


1[the town which is the usual place of sitting of each of the High Courts


2[***] 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 3[***] a Divisional Judge for three years,


4[(b) two legal practitioners enrolled in that Court]


5[(c)] a Judge of a Civil Court subordinate to the High Court 6[***]


5[7[* * *]]


(3) The members of each such Committee shall be appointed by the


8[High Court], which shall also nominate one of their number to be


President:


9[* * *]


(4) Each member of any such Committee shall hold office for such period as may be prescribed by the 8[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 8[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 9[High Court] and shall receive such remuneration as may be provided in this behalf 10[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"


[C.P.C. (Assam Amendment) Act No. 8 of 1953, sec. 2, (w.e.f. 18-4-1953) and Nagaland Act 27 of 1962 (w.e.f. 1-12-1963).]


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)".


[Vide Tamil Nadu Act No. 15 of 1970, sec. 2 (w.e.f. 10-6-1970).]


1. Subs. by Act 13 of 1916, sec. 2 and Sch. for "each of towns of Calcutta, Madras, Bombay, Allahabad, Lahore and Rangoon".


2. The words "and of the Chief Court", Omitted by Act 11 of 1923, sec. 3 and Sch. II. These words were again ins. By Act 32 of 1925, and subsequently omitted by A.O. 1948.


3. The brackets and words "(in Burma)" rep. by Act 11 of 1923, sec. 3 and Sch. II.


4. Subs. by Act 2 of 1951 sec. 16, for clauses (b) and (c).


5. Clauses (d) and (e) re-lettered as clauses (c) and (d) respectively by Act 2 of 1951, sec. 16 (w.e.f. 1-4-1961).


6. The word "and" omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).


7. Cl. (d) omitted by Act No. 38 of 1978, sec. 3 and Sch. II. (w.e.f. 26-11-1978).


8. Subs, by Act No. 104 of 1976, sec. 44, for "Chief Justice or Chief Judge" (w.e.f. 1-2-1977).


9. Proviso omitted by Act No. 104 of 1976, sec. 44 (w.e.f. 1-2-1977).


10. Subs. by A.O. 1937, for "by the G.G. in C. or by the L.G. as the case may be".

Labels:

Comments

Post a Comment

Popular posts from this blog

Empowering Businesses: Virtual Corporate Law Services

  Empowering Businesses: Virtual Corporate Law Services In the dynamic world of business, legal support is crucial to ensure smooth operations, mitigate risks, and navigate regulatory landscapes. Lexis and Company offers Virtual Corporate Law Services to businesses in the UK, USA, Canada, Singapore, Dubai, and Australia , assisting with mergers, acquisitions, business contracts, compliance, and corporate governance. Key Features of Virtual Corporate Law Services 1. Mergers and Acquisitions (M&A) Legal Support We provide comprehensive legal services for mergers and acquisitions , including due diligence, structuring deals, drafting agreements, and navigating regulatory approvals. Benefits: Ensures smooth and legally sound M&A transactions. Minimizes risks during corporate restructuring. Protects your business interests in high-value deals. Trending Hashtags: #MergersAndAcquisitions #BusinessDeals #CorporateLaw #LegalSupport #VirtualLegalExperts 2. Business Contracts and Ag...
Post a Comment
Read more

Nathulal v. State of Madhya Pradesh AIR 1966 SC 43

 Nathulal v. State of Madhya Pradesh AIR 1966 SC 43 CITATION AIR 1966 SC 43 COURT Supreme Court of India JUDGES/CORAM Justice K.S. Shah and Justice R. Bachawat DATE OF JUDGEMENT 22.03.1965 Facts: The facts of the case are as follows: The appellant was a dealer in a food grains at Dhar in Madhya Pradesh prosecuted in the Court of Additional District Magistrate for possessing in stock maunds and 21/4 seers of wheat for the purpose of sale without license. Subsequently appellant was charged for committing an offence under section 7 of the Essential Commodities Act, 1955. Thereafter the appellant pleaded there was no intention to contravene any provisions of the law and the grains were stored upon filing an application for license and upon believe that it will be issued to him. The appellant further stated that he continued to submit returns on the food grains stored and purchased to the respected authority. Thus, the appellant was acquitted in the Court of Additional District Magistra...
Post a Comment
Read more

Concept of constitutionalism

  Concept of constitutionalism Who Started Constitutionalism? John Locke - The English Bill of Rights is a foundational constitutional document that helped inspire the American Bill of Rights. Political theorist  John Locke  played a huge role in cementing the philosophy of constitutionalism.  Constitution is a written law which describes the structure of Government, the rules according to which the Govt. must work and the boundaries within which the Govt. must work. Constitutionalism   can be defined as the doctrine that governs the legitimacy of government action, and it implies something far more important than the idea of legality that requires official conduct to be in accordance with pre-fixed legal rules. Constitution constitution is the document that contains the basic and fundamental law of the nation, setting out the organization of the government and the principles of the society. Basic norm (or law) of the state; System of integration and organi...
Post a Comment
Read more