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Salem Advocate Bar Association, Tamil Nadu Vs. Union of India [2010] INSC 615 (9 August 2010)


CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO.496 OF 2002 Salem Advocate Bar Association, Tamil Nadu ...Petitioner(s) Versus Union of India ...Respondent(s)


In this case, originally, the challenge was to declare the provisions of the Code of Civil Procedure (Amendment) Act, 1999 (Act 46/1999) and Code of Civil Procedure (Amendment) Act, 2002, as unconstitutional, which issue has now been sorted out and which does not survive, as of date. However, the question of Judicial Impact Assessment is an important issue, which is covered by way of general direction given by this Court vide Order dated 7th November, 2006, as well as Order dated 5th January, 2007. In our view, the Judicial Impact Assessment issue was not there in the original writ petition. In any event, that issue specifically needs statistical data, which exercise is required to be undertaken in an appropriate proceeding. In the circumstances, keeping that issue open, the writ petition stands disposed of.

The Report of Justice M. Jagannadha Rao Committee is taken on file.

....................CJI. [S.H. KAPADIA]

......................J. [K.S. RADHAKRISHNAN]

......................J. [SWATANTER KUMAR]

New Delhi,

August 09, 2010.


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