Report No. 192
Prevention of Vexatious Litigation
Contents |
Chapter I |
Introductory |
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Earlier Reports of the Law Commission |
Chapter II |
Existing State enactments to Prevent vexatious litigation (Madras, Maharashtra and Kerala) |
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Existing State enactments to Prevent vexatious litigation |
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Madras Vexatious Litigation |
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Maharashtra Vexatious Litigation (Prevention) Act, 1971 is confined to the State of Maharashtra |
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Kerala |
Chapter III |
Legislative competence of Parliament to enact the Vexatious Litigation (Prevention) Law. |
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Legislative competence of Parliament to enact the Vexatious Litigation (Prevention) Law |
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List III: Concurrent List |
Chapter IV |
Curbs on Vexatious Litigation in United Kingdom |
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Curbs on Vexatious Litigation in United Kingdom |
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UK Statutes to prevent 'vexatious' litigation in 1896, 1925 and 1981 |
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What is meant by the words 'habitually and persistently |
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Human Rights and Prevention of Vexatious Litigation |
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European Commission on UK Act |
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Three Human Rights cases - Ebert, Mathews and Bhamjee |
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According to Lord Phillips, access to justice could be limited if two conditions were satisfied |
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Human Rights and restricting an existing right of appeal (ECHR and UK) |
(i) |
Ebert Series of cases |
(ii) |
Bhamjee series |
(iii) |
Bhamjee v. Forsdick, 2004(1) WLR 88(CA) |
(iv) |
Alexander case |
(v) |
John Pepin case |
Chapter V |
Curbs on vexatious litigation - USA |
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Curbs on vexatious litigation - USA |
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California |
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Section 391.6 provides for stay of the litigation till the above procedure is followed |
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Texas |
Chapter VI |
Curbs on Vexatious Litigation in Australia and New Zealand |
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Australia |
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Western Australia |
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Section 6 deals with 'leave to institute proceedings' |
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Section 7 provides for the situations under which the order under section 4(1) staying or prohibiting a person, could be rescinded or varied |
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Queensland |
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New Zealand |
Chapter VII |
Curbs on Vexatious Litigation in Canada |
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Curbs on Vexatious Litigation in Canada |
Chapter VIII |
Recommendations for Preventing Vexatious Litigation in India |
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Recommendations for Preventing Vexatious Litigation in India |
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This is one aspect to be considered |
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The Court thereafter observed |
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In Queensland, section 11 of the Act of 1981 refers to prima facie ground or sufficient reason and also that there is no abuse of process of Court |
Annexure I |
The Vexatious Litigation (Prevention) Bill, 2005 |
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The Vexatious Litigation (Prevention) Bill, 2005 |
1. |
Short title, extent and commencement |
2. |
Declaration of a person as a vexatious litigant |
3. |
Leave of Court necessary for vexatious litigant to institute or continue any civil or criminal proceedings |
4. |
Publication and Communication of Order |
5. |
Proceedings, civil or criminal, instituted or continued without leave of the appropriate Court to be dismissed and other consequences |
6. |
Declaration and order by more than one High Court |
7. |
Power to make Rules |
8. |
Saving |