Section 125 CPC: Power of other High Courts to make rules

Section 125 of Code of Civil Procedure: Power of other High Courts to make rules

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

High Courts, other than the Courts specified in section 122, may exercise the powers conferred by that section in such manner and subject to such conditions as the State Government may determine:

Provided that any rule made under this section shall not be inconsistent with and shall not affect any provision of or rule made under this Code.

Legal Commentary & Landmark Judgments: Section 125

Section 125 historically regulated rule-making powers of High Courts in former non-presidency territories.

Regional High Court Rule-Making: Regulated procedural rule formulation in designated regional territories.
Harmonization with Section 122: Unified modern rule-making under Section 122.

Key Landmark Precedents:

Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Discussed historical development of High Court rule-making powers.
State of Rajasthan v. Basant Nahata, (2005) 12 SCC 77: Affirmed constitutional continuity across judicial rule-making adaptations.

Courtroom Practice & Strategic Litigation Guidance:

Modern High Court procedural amendments are governed comprehensively by Section 122.

Section 125: Power of other High Courts to make rules

Section 125 of Code of Civil Procedure: Power of other High Courts to make rules

Legal Commentary & Landmark Judgments: Section 125