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Report No. 192

Prevention of Vexatious Litigation

Contents
Chapter I Introductory
Earlier Reports of the Law Commission
Chapter II Existing State enactments to Prevent vexatious litigation (Madras, Maharashtra and Kerala)
Existing State enactments to Prevent vexatious litigation
Madras Vexatious Litigation
Maharashtra Vexatious Litigation (Prevention) Act, 1971 is confined to the State of Maharashtra
Kerala
Chapter III Legislative competence of Parliament to enact the Vexatious Litigation (Prevention) Law.
Legislative competence of Parliament to enact the Vexatious Litigation (Prevention) Law
List III: Concurrent List
Chapter IV Curbs on Vexatious Litigation in United Kingdom
Curbs on Vexatious Litigation in United Kingdom
UK Statutes to prevent 'vexatious' litigation in 1896, 1925 and 1981
What is meant by the words 'habitually and persistently
Human Rights and Prevention of Vexatious Litigation
European Commission on UK Act
Three Human Rights cases - Ebert, Mathews and Bhamjee
According to Lord Phillips, access to justice could be limited if two conditions were satisfied
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
Curbs on vexatious litigation - USA
California
Section 391.6 provides for stay of the litigation till the above procedure is followed
Texas
Chapter VI Curbs on Vexatious Litigation in Australia and New Zealand
Australia
Western Australia
Section 6 deals with 'leave to institute proceedings'
Section 7 provides for the situations under which the order under section 4(1) staying or prohibiting a person, could be rescinded or varied
Queensland
New Zealand
Chapter VII Curbs on Vexatious Litigation in Canada
Curbs on Vexatious Litigation in Canada
Chapter VIII Recommendations for Preventing Vexatious Litigation in India
Recommendations for Preventing Vexatious Litigation in India
This is one aspect to be considered
The Court thereafter observed
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
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


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