The State government has notified the application of the provisions of the Code of Civil Procedure 1908 to the courts in the State.
In a notification issued today, the State government stated that District Council Courts shall continue to derive powers under paragraphs 4 and 5 of the Sixth Schedule to the Constitution of India.
“In pursuance to full separation of judiciary from executive and in exercise of the power conferred in proviso to sub-section (3) of Section 1 of the Code of Civil Procedure, 1908 (Act 5 of 1908) the Governor of Meghalaya is pleased to apply the provisions of the Code of Civil Procedure 1908 to the courts in the State of Meghalaya. The District Council Courts shall continue to derive powers under paragraphs 4 and 5 of the Sixth Schedule to the Constitution of India,” the notification said.
The notification further directed that, notwithstanding such application, all actions taken by the courts throughout Meghalaya, under the Rules for the Administration of Justice and Police in the Khasi and Jaintia Hills, 1937 and the Rules of Administration of Justice and Police in Garo Hills, 1937 shall be deemed to have been taken under the relevant provisions of the Code of Civil Procedure, 1908.
