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Validity of a pending case after SC Judgement nullifying it.
09-Jun-2023 (In Arbitration Law)
As IT act section 66a has been struck down by SC . What to do in scenario of pending case in lower court and lower court is not taking note of it. Advice me with a suggestion which is low in cost
The Hon'ble Supreme Court has struck down the Section 66a of the IT act which is in prospective in nature. Any proceedings after the judgment will not be maintainable. However it won't affect the pending proceedings. It is requested to pursue the same in the most effective manner.
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Adv. Shikhar Garg
Delhi | 100+ Answers
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You can file the copy of judgement in the lower court and show it to judge. If not taken cognizance of, you can file a writ proceeding before High court having jurisdiction to restrain the lower court from passing any judgment against you and directions to take SC judgment in cognizance.
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Adv. R. Venkat Prabhat
Delhi | 25+ Answers
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You can download the Supreme court Judgement and give it to the judge in lower court. He is bound to accept that. There is no question he can avoids it. If you submit a judgement of supreme court or high court in a trial court, the judge is bound to accept that.
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Adv. Pradeep Mathur
Delhi | 25+ Answers
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As IT act section 66A has been struck down by SC- it means that in that domain there exists no law and hence the matter cannot be adjudicated. Better is to withdraw the matter with liberty of re-filing it by using the existing provisions of IT act and re-filing the same. For more advise you can get back to us
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Advoacte Amit Kumar Singh
Delhi | 25+ Answers
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