Salem Advocate Bar Association v Union of India (2005)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

The 1999 and 2002 amendments to the CPC were challenged; the Court also examined the working of provisions including s.80.

Issue.

Are the amendments constitutionally valid, and how does s.80(2) leave to sue without notice operate?

Held.

The amendments were upheld; the Court confirmed that under s.80(2) a court may grant leave to sue the Government without notice where urgent relief is needed, subject to giving the Government a hearing.

Why it matters.

It settles the current, post-amendment shape of several Unit IV provisions, including the urgency exception to s.80.

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