Hs Bedi vs National Highway Authority Of … on 22 January, 2016

1. In Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470,
J.S. Khehar, J. observed that the Indian judicial system is grossly
afflicted with frivolous litigation and ways and means need to be
evolved to deter litigants from their compulsive obsession towards
senseless and ill-considered claims. The Supreme Court, discussed
the menace of frivolous litigation. Relevant portions of the said
judgment are as under:
2. The greatest challenge before the judiciary today is the
frivolous litigation. The judicial system in the country is choked with
false claims and such litigants are consuming Courts’ time for a
wrong cause. False claims are a huge strain on the judicial system.
Perjury has become a way of life in the Courts. False pleas are often
taken and forged documents are filed indiscriminately in the Courts.
The reluctance of the Courts to order prosecution encourage the
litigants to make false averments in pleadings before the Court.
Section 209 of the Indian Penal Code, which provides an effective

RFA 784/2010 Page 2 of 99
mechanism to curb the menace of frivolous litigation, has been
seldom invoked.

Source: Indian Kanoon

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