SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADU versus UNION OF INDIA

SALEM ADVOCATE BAR ASSOCIATION, TAMIL NADU versus UNION OF INDIA

Court clarified the meaning and implementation of amendments to the Code of Civil Procedure as procedural and not unconstitutional, provided guidance on their interpretation, and directed formation of a Committee to address practical difficulties and suggest operational modalities, especially for ADR mechanisms and procedural rules.

Parties
Petitioner: Salem Advocate Bar Association, Tamil Nadu; Respondent: Union of India
Jurisdiction
India
Judgment Date
25 October 2002
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Clarifications and directions issued
Legal Topics
Amendment of Code of Civil Procedure, Alternative Dispute Resolution, Constitutional Law, Procedure for Issuance and Service of Summons, Appeals and Appellate Procedure, Affidavit Evidence, Case Management
Civil Procedure Amendment of Code of Civil Procedure Alternative Dispute Resolution Constitutional Law Procedure for Issuance and Service of Summons Appeals and Appellate Procedure Affidavit Evidence Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Salem Advocate Bar Association, Tamil Nadu

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Clarification on amendments made to Code of Civil Procedure, 1908 by Amendment Acts 46 of 1999 and 22 of 2002
  2. 2 Interpretation and implementation of Section 27, Section 89, Section 100A, Order 7 Rule 11, Order 18 Rules 4 and 17A, Order 41 Rule 9
  3. 3 Practical difficulties in implementing procedural amendments

Ratio Decidendi

Court clarified the meaning and implementation of amendments to the Code of Civil Procedure as procedural and not unconstitutional, provided guidance on their interpretation, and directed formation of a Committee to address practical difficulties and suggest operational modalities, especially for ADR mechanisms and procedural rules.

Court Disposition

Clarifications and directions issued

Orders

  • Committee constituted to ensure effectiveness of amendments and consider difficulties.
  • Committee to devise case management and ADR rules, make suggestions, and file report within four months.