SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2002 Supreme(Ker) 647

ARIJIT PASAYAT, Y.K.SABHARWAL, B.N.KIRPAL
Salem Advocate Bar Association – Appellant
Versus
Union of India – Respondent


Judgement Key Points

What is the validity of amendments to the Code of Civil Procedure under the Constitution? What are the practical difficulties in implementing the amendments to the CPC, and how should ADR be promoted to expedite justice? What is the role of a committee to ensure effective implementation of the amendments and quicker dispensation of justice?

What is the validity of amendments to the Code of Civil Procedure under the Constitution?

What are the practical difficulties in implementing the amendments to the CPC, and how should ADR be promoted to expedite justice?

What is the role of a committee to ensure effective implementation of the amendments and quicker dispensation of justice?


Judgment :-

1. Rule.

2. These writ petitions have been filed seeking to challenge amendments made to the Code of Civil Procedure by the Amendment Act 46 of 1999 and Amendment Act 22 of 2002.

3. Writ Petition (C) No. 496 of 2002 was filed by the Salem Advocate Bar Association and after notice was issued the petitioner sought leave of this Court to withdraw the Writ Petition. By order dated 16th September, 2002, the prayer to withdraw the Writ Petition was declined, as the petition had been filed in public interest. At the request of the Court, Shri. C.S. Vaidyanathan, senior advocate assisted by Shri. K.V. Vishwanathan, advocate agreed to assist the Court as amicus curiae and they have rendered assistance to the Court for dealing with the case. The Court records its appreciation for the assistance given.

4. In the petitions, the amendments which were sought to be made by the aforesaid, amendments Acts, have been challenged, but we do not find that the said provisions are in any way ultra vires the Constitution. Neither Mr. Vaidyanathan nor any other learned counsel made any submissions to the effect that any of the amendments made were without legislative competence or violative of any






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top