Section 104 of The Transfer of Property Act, 1882
The High Court may, from time to time, make rules consistent with this Act for carrying out, in itself and in the Courts of Civil Judicature subject to its superintendence, the provisions contained in this Chapter.
Summary
- This section gives the High Court the authority to create administrative and procedural rules from time to time.
- All rules created by the High Court under this section must be completely consistent with this Act.
- These rules are intended to help carry out the mortgage and notice provisions within the High Court itself.
- The rules also apply to all lower civil courts that are subject to the superintendence and control of the High Court.
Practical examples
FAQ
1. Who has the power to make rules under Section 104 of the Transfer of Property Act?
Under Section 104 of the Transfer of Property Act, 1882, the High Court of the respective state is the authority empowered to make rules from time to time.
2. Are the rules made under Section 104 of the Transfer of Property Act binding on lower civil courts?
Yes, under Section 104 of the Transfer of Property Act, 1882, the High Court makes rules to be carried out within itself and in all the Courts of Civil Judicature subject to its superintendence, which includes lower civil courts.
3. What is the main restriction on rule-making power under Section 104 of the Transfer of Property Act?
Under Section 104 of the Transfer of Property Act, 1882, any rules created by the High Court must be consistent with the Transfer of Property Act, 1882.
Test yourself
Q1.Under Section 104 of the Transfer of Property Act, 1882, which judicial body is empowered to make rules for carrying out the mortgage provisions?
Q2.Under Section 104 of the Transfer of Property Act, 1882, any rules made by the High Court must apply to which courts?
Q3.What is the statutory condition required for any rules formulated under Section 104 of the Transfer of Property Act, 1882?
Q4.Under Section 104 of the Transfer of Property Act, 1882, the rule-making power of the High Court is meant to carry out the provisions of which specific part of the law?