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Report No. 192

Chapter II

Existing State enactments to Prevent vexatious litigation (Madras, Maharashtra and Kerala)

At least in two States, Madras and Maharashtra there are statutes made by the State Legislatures in 1949 and 1971 respectively, to declare a person as a vexatious litigant and prevent him from initiating action in court unless he obtains previous permission of a specified authority. In Kerala, a Bill has been proposed.

To declare a person as a 'vexatious' litigant and impose restriction on his right to 'access to justice' requires legislation on the subject. But, a litigation, if it is found to be vexatious, can be stayed by the court under its inherent powers. The statements referred to above lay down the procedural aspects in regard to exercise of inherent power of the Court to prevent abuse of its process.



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