Rule 1A of CPC : Rule 1A: Procedure in suits involving validity of any statutory instrument.

CPC

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Explanation using Example

Example 1:

Scenario: A local business owner, Mr. Sharma, files a suit challenging a new municipal regulation that imposes additional taxes on small businesses. Mr. Sharma believes that the regulation is invalid because it was not properly enacted.

Application of Rule 1A:

  • The court identifies that the validity of the municipal regulation (a statutory instrument) is in question.
  • Before making any decision on the validity of the regulation, the court must notify the municipal authority that issued the regulation.
  • The municipal authority is given an opportunity to present its case or provide relevant information regarding the regulation's validity.
  • Only after this notice and subsequent proceedings can the court determine whether the regulation is valid or not.

Example 2:

Scenario: Ms. Gupta, a resident of Delhi, files a suit challenging a new traffic rule issued by the Delhi Traffic Police, which mandates the use of helmets...

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