•  •  Dark Mode

Your Interests & Preferences

I am a...

law firm lawyer
in-house company lawyer
litigation lawyer
law student
aspiring student
other

Website Look & Feel

 •  •  Dark Mode
Blog Layout

Save preferences

"Affidavit of Compliance" a new Prayer Clause

Non Compliance to Court Orders is a broad day light reality. Even courts have shown inability to monitor implementation of their Orders. In this background I write this blog.

 

 

The Plaintiff / Petitioner / Defendant / Respondents / Complainant / Opposite Party may insert a clause in the Prayers- "Judgment debtors shall file an Affidavit of Compliance with a copy being served to the Judgment holder. The non filing of such Affidavit shall be deemed to have the construction of non-compliance to Court Orders, vulnerable to Contempt of the Court”.

 

 

Alternatively or simultaneously, the Courts, in all Litigations involving Appellant/ Respondents as Govt/any Public Authority, under Article 226 or 32 or 136 or Otherwise, while passing Orders, interim or final may direct-

 

"Appellant/Respondents Govt/ Public Authority shall update their website about Court's directions so given and action taken in pursuant thereof; as long as the Appellant's/ Respondent's website doesn't show up details of action taken, non compliance of Court Orders can and should safely be presumed and be alleged." The regular updating of website will secure the monitoring of continuous mandamus.

 

 

 

From,

Sandeep Jalan (advocate)

Janhit Manch,

Kuber Bhuvan,

Bajaj Road,

Vile Parle West,

Mumbai – 400056.

 

 

No comments yet: share your views