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

A State Government wants to exclude certain provisions of the Code from a Revenue Court that follows the Code where its special enactment is silent. Which of the following correctly describes the power under Section 5, as distinguished from Section 116?

Under Section 5, the State Government may by notification in the Official Gazette declare that Code provisions not expressly made applicable do not apply to Revenue Courts or apply with modifications. This differs from Part X, which deals with High Courts.

  1. AThe High Court may declare the exclusion by framing rules
  2. BThe State Government may by Official Gazette notification declare that portions not expressly made applicable shall not apply or apply with modificationsCorrect
  3. CThe Supreme Court may notify the exclusion
  4. DPart X automatically excludes those provisions

Explanation

Section 5(1) lets the State Government, by notification in the Official Gazette, declare that portions of the Code not expressly made applicable do not apply to Revenue Courts, or apply with modifications. This is distinct from Part X, which concerns High Courts under Section 116, and the High Court's rule-making powers.

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