The term public law litigation‘ was first prominently used by American academic, Abram Chayes, to describe the practice of lawyers or public-spirited individuals who seek to precipitate social change through court-ordered decrees that reform legal […]
i) Janata Dal Vs. H.S. Chowdhary and Others, (2 Judges) (SCC p.348, para 109) 109. It is thus clear that only a person acting bona fide and having sufficient interest in the […]
At the first instance the petitioner has to satisfy this Court that he is entitled to maintain this writ petition as a public interest litigation. Such public interest litigations are entertained as […]
he question that falls for our consideration is whether the anonymous letter sent in the name of a Judge can be entertained as public interest litigation. It is well settled that a public interest litigation can be entertained by the constitutional courts only at the instance of a bona fide litigant. The author of the letter in this case is anonymous, there is no way to verify his bona fides and in fact no effort was made by the Court to verify about the authenticity, truth or otherwise of the contents of the petition.
Whether anonymous letter sent in the name of a Judge can be entertained as Public Interest Litigation?
only a person acting bona fide and having sufficient interest in the proceeding of PIL will alone have a locus standi and can approach the Court to wipe out the tears of the poor and needy, suffering from violation of their fundamental rights, but not a person for personal gain or private profit or political motive or any oblique consideration.
NOTIFICATION BY THE HIGH COURT OF GUJARAT AT AHMEDABAD (For Insertion in the Gujarat Government Gazette, Part-IV-C Central Section) No.C.2001/2010 In exercise of powers conferred by Article 225 of the Constitution of India, […]
Seema Upadhyay Vs. Union of India through The Secretary, Ministry of Petroleum and Natural Gas and Ors.[ALL SC 2018 APRIL]
KEYWORDS:-multiple dealerships or outlets for petroleum products- DATE:-April 05, 2018 ACTS:-Motor Spirit and High Speed Diesel (Regulation of Supply, Distribution and Prevention of Malpractices) Order, 2005 and the Kerosene (Restriction on Use […]
KEYWORDS:-right to die with dignity- DATE:-MARCH 09, 2018 An adult human being having mental capacity to take an informed decision has right to refuse medical treatment including withdrawal from life saving devices. […]
KEYWORDS:-Doing business on the pavements- DATE:- 30-08-1989- Street Trading being a fundamental right has to be made available to the citizens subject to Article 19(6) of the Constitution. AIR 1989 SC 1988 : […]
KEYWORDS:-POLLUTION CONTROL-PIL DATE:-28-08-1996 Precautionary principle and the polluter pays principle are part of the environmental law of the country. AIR 1996 SC 2715 : (1996) 5 Suppl. SCR 241 : (1996) 5 […]