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Salem Advocates Bar Association V
Salem Advocates Bar Association V
Salem Advocates Bar Association V
Union of India
(2005) 6 SCC 344
Submitted By:
Abhishek Chhabra
Aman Shukla
Facts Of the Case
• The subject is basically related to Constitution and is a case of
Civil Nature.
• The present case Salem Advocate Bar Association v. Union of
India is basically an aftermath of the original case Salem
Advocates Bar Association, Tamil Nadu. v. Union of India.
• In the former case there were certain amendments made to
Code of Civil Procedure, 1908 by the Amendment Acts of 1999
and 2002.The following amendments were made:
1. In Section 26(2) and Order 6 Rule 15(4) of Code of Civil
Procedure, 1908 in this the affidavit filed would not be
evidence for purpose of trial.
• Written statement – Order 8 Rules 1 and 10 of Code of
Civil Procedure, 1908: There was a limitation for filing
written statement. There was restriction regarding extension
of time for filing written statement, finally Court
empowered to extend time limit in exceptional cases.
• Execution of decree – Section 39 (4) and Order 21 Rules 3
and 48: Section 39 does not authorize the Court to execute
decree outside its jurisdiction but it does not dilute other
provisions giving such power on compliance of conditions
stipulated therein.
• Sale of attached property - Sale of attached property on
basis of registered contract such a sale is protected under
Section 64(2).But the protection is available only to sale
affected in pursuance of contract entered prior to attachment.
• Notice –.In case notice has not been replied or reply is
evasive and vague and has been sent without proper
application of mind. Court shall ordinarily award heavy cost
against Government and direct it to take appropriate action
against concerned Officer including recovery of costs from
him.
• Alternative Dispute Resolution – Procedure for option to
arbitration among four ADRs is not contemplated by Act of 1996.
The former case which created the abovementioned amendments
was rejected by this Court but it was noticed in the judgment that
modalities have to be formulated for the manner in which section
89 of the Code and, for that matter, the other provisions, which have
been introduced by way of amendments, may have to be operated.
• For this purpose, a Committee headed by a former Judge of this
Court and Chairman, Law Commission of India (Justice M.
Jagannadha Rao) was constituted so as to ensure that the
amendments become effective and result in quicker dispensation of
justice.
Issue involved in the Case