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Report No. 192

2. Declaration of a person as a vexatious litigant:

(1) An application under sub-section (2) for declaring a person as a vexatious litigant, may be filed -

(a) by the Advocate General or in absence of office of Advocate General, by a Senior Advocate nominated by the High Court in this behalf; or

(b) by the Registrar General of the High Court; or (c) with the leave of the High Court, by a person against whom another person has instituted or conducted proceedings, civil or criminal.

(2) If, on an application filed under subsection (1), the High Court is satisfied that any person has habitually and without any reasonable ground instituted vexatious proceedings, civil or criminal, in any court whether against the same person or against different persons, the High Court may, after giving the person who has instituted such proceedings, an opportunity of being heard, declare that person as a vexatious litigant and shall also order as stated under subsection (1) of section 3.

(3) When an application is filed by any person referred to in clause (b) or (c) of subsection (1), the Advocate General or, in the absence of such an office, a Senior Advocate nominated by the High Court in this behalf, as the case may be, shall also be heard on the application.

(4) Application filed under subsection (1) shall be heard by the High Court in a Division Bench.



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