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Tamil Nadu act 008 of 1949 : The Vexatious Litigation (Prevention) Act, 1949

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IL NADU] ACT No. VIII OB 1949.2

&;LC Governor-General on the 11th Iished in the Fort St. George

to prevr!nt the institution of vexations proceedings

RBAs it is expedient to prevent the insiitulion ef us pr~meciings in Courts ; It is hereby enacted

Vex9.1 ior s Lit igrl ion short , title, extedt and' cornmen*

whole of the 3[State of ~z rn i l ment:

(3) It shall come into force at once.

n applical ion made by the Advc ca4e- mve of Court is satisfied thet any per son hcs ,

hout any resrso nit b1e grou nc! i nsl itut ed for vmtious ngs civilor crimiw.l, ineny Court or!itigantto. - ourt mr.y, e.ff er giving f he.t per son cn ins t itute

heard, order t hs t no proceedings, prm - -dings.

be instituted by him in any Court- . i

(i) in the Presidency-:own withcnt the leave cf he High Court ; and _I- - .

(ii) elsewhere. without t he 1er.v~ c?f the Disf ricl and S.=ssions J ~ d g e - - ---

1 Th39e wjrds w x c substituted for the word "Madras" by the Tamil Nadu Adaptation of Laws Order, l.969, as amended by .the Tamil Nadu Adaptat ion of Laws (Second kmendmnt) Order, 1969.

S For Statement of Objects and Reasons, see Fort St. George Gazette, dzted the 9th November 1948, Pdrt TV-A, page 422.

This Acr vras ex tended to the Panydkurnlri district and the Shen-% cottah taluk of the Tirunelveli district by section 3 of, and the First Schedule to, the Tamil Nadu (Transferred Territory) Extension of Laws Act, 1960 (Tamil Nadil Act 23 of 1960) repzaling the cwres- pending law of force in that territory,

8 This exp~cssion was substituted for the expression "State of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as mended by the Tamil Nadu Adaptation of Laws (Second Anlend- ment) Order, 1969.

& Vexatious Lirigation ~ [1949: T.N. Act VIII (Prevention) | - (2 If it wppers to the High Ceurt that | the person against whem an application is made under sub-section (1), is unahle, on account of poverty, to engage a pleader , the High Court mayengege a pleader to appear © for him. L ' | 2 . Explanation—Por the purpose of this section . . Central <Pleader’ has the same meaning as in section 2, clause sct v of " (15) of tke Coce cf Civil Piocecure, 1908. 1908, - granitf,edPn,O'mnlay_’shau not be given in Tespect of any proceedings unless “facie ground the High Court or, es the case may be, the Disurict and . - - -~ exists. Sessions Jud ge, is satisfied that there is prima facieground - for such proceedings. Rdoceedidss: i 4. Any proceedings instituted by a pefson against कलम ithont Whom an order under section 2, sub-section (1), has ' - toobé;heen made, wi-hout obtaining the leave teferred to in d. t:at sub-section shall be dismissed : SO .. Provided that this section shall not apply to an’l)]r"'i . Leayctobe 3 The leave referred to in section 2, sub-section (1), - ~proceedings instituted for the Purpose of obtaining’ su 0 R TS ’ S ः «रा ublication i 5..°A.-copy of every order made unier section 2 sub-.: pfarders.section (1), shall be published in the *Fort St.. George . sguil1@azette. ... कु % कि e - e ¢ Now the Tamil Nadu Government Gazette. . B 2’51 B . हि .