The Rules of Court as a whole constitute the physique of guidelines governing pleadings, apply and process. As they do not originate from the legislature, they can’t be known as legal guidelines in the strict sense of the phrase. However, since they are promulgated by authority of law, they have the power and impact of regulation if not in battle with a optimistic law. The Rules are subordinate to statute, and in case of conflict, the statute will prevail.
The SC has the constitutional energy to promulgate guidelines concerning pleading, follow and procedure (Sec 5(5), Art. VIII, Constitution). But this isn’t an absolute energy, it is topic to some limitations. It’s not legal for pregnant ladies to alleviate themselves in a policemans helmet in the UK. This regulation keeps popping up and it’s a fashionable myth. Requirements of a sound custom:- i) Custom have to be territorial. ii) it must … Read more