Financial Daily from THE HINDU group of publications
Wednesday, Dec 15, 2004

Cross Currency

Group Sites

Industry & Economy - Courts/Legal Issues

Law Commission for Central Act to curb frivolous litigation

K. R. Srivats

New Delhi , Dec. 14

THE Law Commission of India has recommended that a Central Act be enacted to curb vexatious or frivolous litigation. It has suggested that this legislation should be on the lines of the Madras Act VIII of 1949.

At the same time, the Commission has not accepted the concept that the court fee should be increased to prevent frivolous and vexatious litigation. It has held in its report on revision of court fees structure, tabled in Parliament recently, that this concept is not consistent with the Articles 21, 38 and 39A of the Constitution of India. Court fees payable in all courts (except the Supreme Court) is a State subject as per the Constitutional scheme.

The Law Commission has also recommended that the amount of fine prescribed under the Indian Penal Code, 1860 and other old penal enactments be enhanced in proportion to the reduction in the value of the rupee.

It held that such a move would, to some extent, cover the increased cost of administration of justice.

On the Madras Act VIII of 1949, the report highlighted that the Act provides that when the High Court — on an application made to it by the Advocate General — is satisfied that any person has habitually and without any reasonable grounds instituted vexatious civil or criminal proceeding, in any court or courts, it may, after giving an opportunity of being heard, pass an order that no proceeding, civil or criminal, shall be instituted by him in any court without the leave of court.

As regards the court fees payable in the Supreme Court, the Law Commission has decided against recommending any amendments to such fees.

It has pointed out that the Supreme Court has already made rules that provide the table of court fees payable.

"In the light of the rules made by the Supreme Court, which that court is competent to modify or amend, the Law Commission does not propose to suggest any amendments so far as the Supreme Court is concerned," the Law Commission's report said.

The Commission has also recommended that fixed court fees payable in the Courts exercising jurisdiction over the Union Territories and where Schedule 2 of the Central Court Fee Act, 1870 governs it, should be enhanced in proportion to the reduction in the value of rupee. On the ad valorem court fees, the Commission has held that it may not be necessary to enhance the percentages consequent upon the devaluation of the rupee.

For ad valorem court fees, the levy is a percentage of the value of the claim.

The Commission has also emphasised that any enhancement of Court fee should not adversely affect the right of access to justice.

It has held that the amount collected by way of court fee should not be more than the expenditure incurred in administration of civil justice.

More Stories on : Courts/Legal Issues

Article E-Mail :: Comment :: Syndication :: Printer Friendly Page

Stories in this Section
Law Commission for Central Act to curb frivolous litigation

Ministry studying NIPFP report on targeting of subsidies
Pact to set up taskforce on FTA
India, China must move together: Natwar
Taj Krishna joins exclusive club of hotels
`Kerala Government to bear interest'
Five flyovers planned in Hyderabad
New system of petro price revision likely
Kochi Refineries project may be delayed due to high price bids
`ONGC investment plan intact': Dharam Singh
Pharma cos target niche areas for higher margins
`Breaking' patents — Effective use of compulsory licensing
BHEL thermal sets achieve record generation
IDBI funding for power projects
PM for multi-faceted approach to energy pricing
NTPC mulls power trading exchange
Inter-State transmission — CERC to revise open access regulations
Japanese power company keen on investing in AP
Kerala: Energy conservation awards
Indirect tax collections up 11.7 pc in April-Nov
`Textile enterprises must focus on customer relationship'
`Cotton mill workers facing hardships'
Weaving a patent
Plea to scrap special excise duty on tyres for replacement market
Dish TV hopes to rope in Star, Sony
New director for National Institute of Nutrition
CII to build networking platform for Indian Americans
Bio-informatics institute ties up with Sun Micro
India Science Lab plans expansion
Investment panel gets down to business
3-day home textile trade expo in Karur
TN Chamber fair to focus on indigenous products
Environment Congress in Thiruvananthapuram
Vegoil imports slow down
Exports rise 26 pc in November
New agencies to certify metallic scrap imports
Carotenoid norms on crude palm oil imports may go
Exporters hit by new interpretation of tax rules
Pondy Tourism plans 360-degree campaign
Visakha Utsav from Jan 14

The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
Group Sites: The Hindu | Business Line | Sportstar | Frontline | The Hindu eBooks | The Hindu Images | Home |

Copyright 2004, The Hindu Business Line. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu Business Line