09 August 2010
Supreme Court
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SALEM ADVOCATE BAR ASSOCIATION, T.NADU Vs UNION OF INDIA

Bench: S.H. KAPADIA,K.S. RADHAKRISHNAN,SWATANTER KUMAR, ,
Case number: W.P.(C) No.-000496-000496 / 2002
Diary number: 17319 / 2002
Advocates: Vs SHREEKANT N. TERDAL


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  IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

WRIT PETITION (C) NO.496 OF 2002

Salem Advocate Bar Association, Tamil Nadu                    ...Petitioner(s)

Versus

Union of India                      ...Respondent(s)

O  R  D  E  R

In  this  case,  originally,  the  challenge  was  to  

declare  the  provisions  of  the  Code  of  Civil  Procedure  

(Amendment)  Act,  1999  (Act  46/1999)  and  Code  of  Civil  

Procedure (Amendment) Act, 2002, as unconstitutional, which  

issue has now been sorted out and which does not survive, as  

of date.  However, the question of Judicial Impact Assessment  

is an important issue, which is covered by way of general  

direction given by this Court vide Order dated 7th November,  

2006, as well as Order dated 5th January, 2007.  In our view,  

the Judicial Impact Assessment issue was not there in the  

original  writ  petition.   In  any  event,  that  issue  

specifically  needs  statistical  data,  which  exercise  is  

required to be undertaken in an appropriate proceeding.  In  

the circumstances, keeping that issue open, the writ petition  

stands disposed of.

The Report of Justice M. Jagannadha Rao Committee is  

taken on file.

....................CJI.               [S.H. KAPADIA]

......................J.               [K.S. RADHAKRISHNAN]

......................J.               [SWATANTER KUMAR]

New Delhi,

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August 09, 2010.