The Goa Vexatious Litigation (Prevention) Act, 2007

{
    "id": 606,
    "slug": "goa-vexatious-litigation-prevention-act-2007",
    "title": "The Goa Vexatious Litigation (Prevention) Act, 2007",
    "short_title": "The Goa Vexatious Litigation (Prevention) Act, 2007",
    "act_number": "2",
    "act_year": 2007,
    "act_type": "STATE",
    "location": "Goa",
    "law_status": "valid",
    "enactment_date": "2007-03-17",
    "description": "The Goa Vexatious Litigation (Prevention) Act, 2007",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1. Short title, extent and commencement.—",
            "chapter": null,
            "content": "(1) This Act may be called the Goa Vexatious Litigation (Prevention) Act, 2007. \r\n(2) It shall extend to the whole of the State of Goa. \r\n(3) It shall come into force on such date as the Government may, by notification in \r\nthe Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "Section 2. Definitions.— In this Act, unless the context otherwise requires,—",
            "chapter": null,
            "content": "(a) “Government” means the Government of Goa; \n(b) “Notification” means a notification published in the Official Gazette; \n(c) “Official Gazette” means the Official Gazette of the Government.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "Section 3. Declaration of a person as a vexatious litigant.— (1) Every application for",
            "chapter": null,
            "content": "declaring a person as a vexatious litigant, may be filed, either by,— \n(a) the Advocate General; or \n(b) the person against whom another person has instituted or conducted \nproceedings, \ncivil or criminal. \n\n3 \n \n(2) The application referred to in sub-section (1) shall set forth in detail the ground \nor \ngrounds on which the application fo r declaring a person as a vexatious litigant is \nbased. \n(3) If, on receipt of an application under sub-section (1), the High Court is satisfied \nthat the person referred to in the application has habitually and without any \nreasonable \nground instituted vexatious proceedings, civil or criminal, in any Court or Courts, \nwhether against the same person or against different persons, the High Court may, \nafter \nhearing that person or giving him an opportunity of being heard, declare that \nperson to bea vexatious litigant. \n(4) In the case of an application filed under clause (b) of sub-section (1), the High \nCourt may, if it so desires, also hear the views of the Advocate General on the \napplication.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "Section 4. Leave of Court necessary for vexatious litigant to i nstitute or continue any",
            "chapter": null,
            "content": "civil or criminal proceedings.— (1) If the High Court declares any person to be a \nvexatious \nlitigant under section 3 of this Act, then, the High Court shall also order that— \n(a) no proceedings, civil or criminal, shall be instituted by the said person in \nthe High Court or any other Court subordinate to the High Court; and— \n(b) no proceedings, civil or criminal, if already instituted by the said person \nin the  High Court or any other Court subordinate to the High Court, shall  be \ncontinued by him, without obtaining leave of the Court: \n \n\n4 \n \nProvided that if such proceedings are proposed to be instituted or continued \nby the vexatious litigant in the High Court, then, the leave of the High Court shall \nbe obtained and in the case of pr oceedings in any other Court subordinate to the \nHigh Court, the leave of the District and Sessions Judge shall be obtained. \n \n(2) Leave shall not be granted unless the High Court or the District and Sessions \nJudge, as the case may be, is satisfied that the proceedings are not an abuse of the \nprocess of the Court and that there is prima facie ground in the proceedings \nproposed to be  instituted or continued by the person declared to be a vexatious \nlitigant. \n(3) No appeal shall lie against any order refusing leave for the institution or \ncontinuance of any proceedings by the person who is declared to be vexatious \nlitigant under section 3 of this Act: \nProvided that nothing in this sub -section shall apply to any appeal which may \nlie to or any proceedings before the Supreme Court. \n(4) If it appears to the High Court that the person against whom an application is \nmade under sub -section (1) of section 3, is unable, on account of poverty, to \nengage a pleader, the High Court may engage a pleader to appear for him. \nExplanation.— For the purpose of this section, “pleader” has the same meaning as \nin clause (15) of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). \n(5) A copy of every order made under sub -section (1) of section 4 directing any \nperson to obtain leave before instituting or continuing proceedings shall be \npublished in the Official Gazette and may also be published in such other manner \nas the High Court may think fit. \n \n \n \n\n5",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "Section 5. Proceedings instituted or continued without leave to be dismissed.— Any",
            "chapter": null,
            "content": "proceedings instituted or continued in any Court by a person against whom an \norder under sub-section (1) of section 4 has been made, without obtaining the leave \nreferred to in that section, shall be dismissed by the Court: \n    Provided that, this sectio n shall not apply to any proceedings instituted for the \npurpose of obtaining such leave.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "Section 6. Savings.",
            "chapter": null,
            "content": "The provisions of this Act shall be in addition to and not in\r\nderogations of the provisions of any other law for the time being in force for \r\nprevention of vexatious  proceedings or other abuse of legal process, or which \r\nrequire consent, sanction or  approval in any form of any other authority for the \r\ninstitution or continuance of any proceedings. \r\n \r\n",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        }
    ],
    "metadata": {
        "Act ID": "20072",
        "Act Number": "2",
        "Enactment Date": "2007-03-17",
        "Act Year": "2007",
        "Short Title": "The Goa Vexatious Litigation (Prevention) Act, 2007",
        "Long Title": "The Goa Vexatious Litigation (Prevention) Act, 2007 (Goa Act 2 of 2007)  17-3-2007",
        "Department": "Department of Law Department, Government of Goa",
        "Enforcement Date": "01-06-2007",
        "Type": "STATE",
        "Location": "Goa"
    },
    "updated_at": "2026-09-29 21:52:44"
}