Goa Vexatious Litigation (Prevention) Act, 2007

No: 2 Dated: Mar, 17 2007

Goa Vexatious Litigation (Prevention) Act, 2007

An act to prevent the institution or continuance of vexatious proceedings in Courts.

BE it enacted by the Legislative Assembly of the State of Goa in the Fifty SeventhYear of the Republic of India as follows:-

1. Short title, extent and commencement.— (1) This Act may be called the Goa Vexatious Litigation (Prevention) Act, 2007.

(2) It shall extend to the whole of the State of Goa.

(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint. 

2. Definitions.— In this Act, unless the context otherwise requires,—

(a) “Government” means the Government of Goa;

(b) “Notification” means a notification published in the Official Gazette;

(c) “Official Gazette” means the Official Gazette of the Government.

3. Declaration of a person as a vexatious litigant.— (1) Every application for declaring a person as a vexatious litigant, may be filed, either by,— (a) the Advocate General; or (b) the person against whom another person has instituted or conducted proceedings, civil or criminal. 

(2) The application referred to in sub-section (1) shall set forth in detail the ground or grounds on which the application for declaring a person as a vexatious litigant is based. 

(3) If, on receipt of an application under sub-section (1), the High Court is satisfied that the person referred to in the application has habitually and without any reasonable ground instituted vexatious proceedings, civil or criminal, in any Court or Courts, whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, declare that person to bea vexatious litigant.

(4) In the case of an application filed under clause (b) of sub-section (1), the High Court may, if it so desires, also hear the views of the Advocate General on the application.