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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A High Court wants to frame rules for its own procedure in its original civil jurisdiction. Rules it frames conflict with its Letters Patent. Under Section 129, what is the position?

Section 129 lets a High Court make rules for its original civil procedure as it thinks fit, but they must not be inconsistent with the Letters Patent, order or other law that establishes it. Rules that conflict with the Letters Patent are outside the power.

  1. ARules may be made as the court thinks fit, but they must not be inconsistent with the Letters Patent, order or other law establishing itCorrect
  2. BRules may override the Letters Patent if the court thinks fit
  3. COnly the State Government may make such rules
  4. DRules may be made only after previous publication, and they cannot affect rules in force earlier

Explanation

Section 129 empowers the High Court to make rules for its original civil procedure as it thinks fit, but the rules must not be inconsistent with the Letters Patent, order or other law establishing it. Hence rules conflicting with the Letters Patent do not fit the section.

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