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Report No. 192

Kerala

So far as the State of Kerala is concerned, only the old Malabar area was part of the former State of Madras before 1.11.56. As pointed while discussing the applicability of the Madras Act of 1949, the said Act was restricted in its territorial application only to the former State of Madras, here the North Malabar part of the new State of Kerala (which was formed on 1.11.56). It was held in Advocate General v. T.A. Rajendran, 1988(1) KLT 305 and Jose v. Madhu, 1494(1) KLT 855 that it was not applicable to other parts of the State of Kerala.

Therefore, the Kerala Law Reforms Committee has now recommended a legislation on the same lines as the Madras Act of 1949 to be made applicable to the entire State of Kerala. The Government brought forward the Bill titled 'The Kerala Vexatious Litigation (Prevention) Bill, 2002'. It applies to civil, criminal or other proceedings.

Section 2 of the proposed Kerala Act permits the Advocate General to mave the High Court to declare a person as a vexatious litigant if he is "habitually and without any reasonable ground" initiating vexatious proceedings of a civil, criminal or of other nature in any court or courts. The person has to obtain leave of the High Court if he is initiating a proceeding in the High Court or of the District Court if he is initiating a proceeding in any other court. Section 6 requires the order to be published in the Gazette.

Section 3 requires the person to obtain leave of the High Court (in Division Bench) or District Court, as the case may be, by establishing prima facie grounds. Section 4 provides for an appeal to the Division Bench of the High Court if the District Court refuses to grant permission to the vexatious litigant. Section 7 declares that the Madras Act, 1949 shall cease to apply to the Malabar District. There are no such statutes in other States and that is the reason why we are now recommending that Parliament make a law on the lines of the Madras Act, 1949 and Maharashtra Act, 1971 so as to be applicable to all States and Union Territories.



Prevention of Vexatious Litigation Back




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