The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday January 3 1921

122 of the Code of Civil Prcedure is an enabling section and authorizes the High Court after taking the advice of the Rule Committee to annul alter or add to all or any of the rules in the first schedule : without such authority the Court has no power whether by statute or by Letters Patent to interfere with an act of the legislature (see sec. [...] 23 of the General Clauses Act is only necessary when the High Court has occasion to alter amend or add to any of the rules in the first schedule of the Code of Civil Procdure by any rules framed by it whether in pursuance of the authority it has by statute or Letters Patent in order to regulate its own procedure or in pursuance of the authority given by sec. [...] It goes further and confers on the High Court the power to frame rules to amend; alter or add to the rules in the first schedule of the Code of Civil Procedure— powers which the High Court does not possess under eh 37 of the Letters Patent. [...] Althcfugh in this case the sanction granted lapsed Lefore the institution of the present proceedings the 'lfeet was cured by the provisions of sec. [...] On the 14th July 1920 some prosecution winesses were examined and the case was ajourned to the next day for the cross-examintion of the said witnesses ; but on the 15th July 1920 neither the complainant nor any of the witnesses were present and upon that the Sub-Deputy Magistrate discharged the Petitioner under sec.