Section 125 — Power of other High Courts to make rules
The rule-making power, widened. High Courts other than those in § 122 may also exercise that section’s powers — but in such manner and on such conditions as the State Government determines. And a proviso lets any such High Court, after previous publication, extend within its own jurisdiction any rules already made by another High Court — borrowing a neighbour’s rules.
How to read Section 125
Other High Courts too
High Courts not among those in § 122 may exercise the same rule-making powers that section confers.
On State-Government terms
But only in such manner and subject to such conditions as the State Government may determine — a controlled extension of the power.
Borrow another HC’s rules (proviso)
Such a High Court may, after previous publication, make a rule extending within its jurisdiction any rules already made by any other High Court.
The bare Act
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 12as the State Government may determine:
→ Extends § 122’s rule-making power to other High Courts (a residual/historical category), on State-Government conditions; the proviso lets such a Court adopt another High Court’s rules within its territory.
1. “as the State Government may determine” subs. by Act 38 of 1920, s. 2 & Sch. Pt. I, for “as the G.G. in C. may determine”. 2. Earlier subs. by the A.O. 1937 for the wording naming the Judicial Commissioner of Coorg (G.G. in C.) and, in other cases, the Local Government.
Key terms decoded
High Courts outside § 122’s direct grant — a residual category (historically the smaller jurisdictions) — brought into the rule-making scheme by § 125.
To make rules regulating procedure and to annul, alter or add to the First Schedule — the same powers, lent to these other Courts.
The power is not free-standing — it is exercised within the manner and conditions the State Government lays down.
The controlling authority for these other Courts’ rule-making (replacing the old “G.G. in C.” / Local Government wording).
The proviso’s safeguard — the borrowing rule must be published in advance before it is made (as in § 122).
The proviso lets a High Court adopt rules already framed by another High Court and apply them within its own territory — saving it from re-inventing them.
The picture — the power, widened
§ 125 widens the circle. The full rule-making power of § 122 is lent to the other High Courts — under the State Government’s conditions — and the proviso spares them needless drafting by letting them adopt rules another High Court has already made, once published in advance.
Section 125, part by part
The main rule — High Courts outside § 122 may exercise the same powers, but in such manner and on such conditions as the State Government determines.
The proviso — a labour-saver: such a High Court may, after previous publication, adopt within its own jurisdiction any rules already made by another High Court.
How the parts work as one body
A lent power — with a short-cut
Connected provisions
Section 125 extends the rule-making power of § 122 to the other High Courts, on conditions the State Government sets. Like § 122 rules, what they make is subject to approval (§ 126) and publication (§ 127), over the matters in § 128; and the First Schedule they may amend has the force of the Code (§ 121).