Note4Students
From UPSC perspective, the following things are important :
Prelims level: Caveat
Mains level: Not Much
Recently, the Supreme Court bench reprimanded a law student for filing a caveat in a petition seeking menstrual leave for female students and working women across Indian institutions.
What is a Caveat?
- In common parlance, a caveat refers to “warning” or “caution”.
- However, legally it connotes a “formal notice requesting the court to refrain from taking some specified action without giving prior notice to the person lodging the caveat.”
- The person lodging the caveat is called a “caveator”.
- The provision was inserted by the Amendment Act of 1976 after the Law Commission’s recommendation by Section 148A of the Civil Procedure Code (CPC).
- However, the term is not expressly defined anywhere except in the Calcutta High Court’s 1978 ruling.
Who can fill the Caveat?
- Any person has a right to lodge a caveat in a Court.
- Any person claiming a right to appear before the Court on the hearing of such application may lodge a caveat in respect thereof.
- The caveator or the person lodging is also required to serve a notice of the caveat by “registered post” to the person on whose plea they are lodging the application
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