PILs Can’t Be Used As Tool To Wreck Vengeance: Karnataka HC Junks PIL Filed By Woman Who Has Several Pending Cases against Her Husband [Read Order]
6 years, 4 months ago

PILs Can’t Be Used As Tool To Wreck Vengeance: Karnataka HC Junks PIL Filed By Woman Who Has Several Pending Cases against Her Husband [Read Order]

Live Law  

“The fundamental object of public interest litigation is to enforce fundamental rights and genuine infraction of statutory provisions but not to set right the private dispute or to bring the parties to terms.”Public Interest Litigation cannot be used as a tool to wreck vengeance, the Karnataka High Court has remarked while dismissing a PIL filed by a lady who had filed criminal cases. “The fundamental object of public interest litigation is to enforce fundamental rights and genuine infraction of statutory provisions but not to set right the private dispute or to bring the parties to terms.” Public Interest Litigation cannot be used as a tool to wreck vengeance, the Karnataka High Court has remarked while dismissing a PIL filed by a lady who had filed criminal cases against her husband. In other words, each and every dispute, if not adjudicated and decided to the satisfaction of the litigants, would partake the character of a PIL meddling with the judicial process for oblique considerations, contrary to the noble object of the PIL espousing the cause of the public and well established legal procedures enacted/prescribed to adjudicate a dispute judiciously.” The court also noted that the petition though styled as“public interest litigation”, is filed to foster personal disputes or vendetta to bring to terms a person. The fundamental object of public interest litigation is to enforce fundamental rights and genuine infraction of statutory provisions but not to set right the private dispute or to bring the parties to terms.

Public Interest Litigation Fundamental Rights Fundamental Interest Public Pil Filed Litigation Statutory Provisions Private Dispute Interest Litigation Wreck Vengeance Genuine Infraction  fundamental  justice  personal  woman  pending  pil  vengeance  interest  public  pils  wreck  read  private  dispute  filed  used  litigation  order  tool

History of this topic

'Paisa-publicity-private interest litigation', where's the real PIL?: Justice Nagarathna
2 weeks, 3 days ago

'Paisa-publicity-private interest litigation', where's the real PIL?: Justice Nagarathna

India Today  

Talking about the misuse of Public Interest Litigation these days, Supreme Court judge Justice BV Nagarathna on Tuesday said that the PIL was a virtuous weapon in the hands of the weak, but is now losing its virtue. “If I may say so, now it’s either paisa interest litigation, publicity interest litigation, or private interest litigation, but where is the …

PILs reduced to suspicion due to misuse: SC Judge Nagarathna
Top News
2 weeks, 3 days ago

PILs reduced to suspicion due to misuse: SC Judge Nagarathna

Hindustan Times  

Public interest litigation, once a “virtuous weapon” for the weak and oppressed, has now been reduced to suspicion due to its misuse for monetary or publicity gains, Supreme Court judge justice BV Nagarathna said on Tuesday. Justice Nagarathna commended Baxi for his role in shaping legal thought, especially in human rights and constitutional law. The event marked the unveiling of …

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'
3 weeks, 1 day ago

Karnataka HC Issues Notice On PIL Against Govt Order Directing Public Prosecutors To Withdraw Cases Against 'Highly Influential Persons'

Live Law  

The Karnataka High Court on Thursday issued notice on a PIL against a government order directing public prosecutors to withdraw 43 cases against persons accused of various offences including rioting, attempt to murder in breach of Section 321 CrPC, which is stated to include highly influential persons including politicians. As per Section 321 states that the Public Prosecutor or Assistant …

Himachal: HC imposes costs of ₹50,000 on PIL petitioner
2 months, 3 weeks ago

Himachal: HC imposes costs of ₹50,000 on PIL petitioner

Hindustan Times  

Public interest litigation is a weapon that has to be used with great care and circumspection. The judiciary has to be extremely careful to see that behind the beautiful veil of public interest an ugly private malice, vested interest or public interest seeking is not lurking,” observed Himachal Pradesh high court while imposing a cost of ₹50,000 on a petitioner, …

Madras HC imposes Rs 10k cost on woman for filing PIL for personal gain
2 months, 3 weeks ago

Madras HC imposes Rs 10k cost on woman for filing PIL for personal gain

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently imposed Rs 10,000 cost on a litigant for filing a Public Interest Litigation petition for personal gain by projecting a private land dispute as an encroachment case involving a public road. The litigant, Usha Maheswari, had filed the PIL alleging encroachment of a public road in Madurai city by two …

“Either Lied In Court Or Has Been Set Up”: Madras High Court Imposes ₹20 Lakh Cost On Litigant, Restrains Him From Filing PILs For 1 Year
3 months, 2 weeks ago

“Either Lied In Court Or Has Been Set Up”: Madras High Court Imposes ₹20 Lakh Cost On Litigant, Restrains Him From Filing PILs For 1 Year

Live Law  

The Madras High Court has dismissed a public interest litigation filed by a 62-year-old man and imposed a cost of Rs. The court also restrained the PIL petitioner from filing any PILs in the court without prior permission for 1 year. The court was hearing a petition by T H Rajmohan challenging a Government Order issued by the Revenue Department …

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court
8 months ago

MLA's PIL To Release Funds For Constituency Not Maintainable, Can Raise Issue In Assembly Or Before Govt: Karnataka High Court

Live Law  

The Karnataka High Court on Friday dismissed a public interest litigation filed by Dasarahalli Member of Legislative Assembly S Muniraju, belonging to Bharatiya Janata Party, seeking a direction to the state government to release an amount of Rs 78 crore for carrying out the developmental work in his constituency. A division bench of Chief Justice N V Anjaria and Justice …

PIL In Allahabad High Court Seeks Judicial Committee For Recovering Money, Assets Embezzled From Union/State Exchequer
10 months ago

PIL In Allahabad High Court Seeks Judicial Committee For Recovering Money, Assets Embezzled From Union/State Exchequer

Live Law  

Recently, a public interest litigation was filed in the Allahabad High Court seeking constitution of a judicial committee comprising of retired judges of the Supreme Court or High Court for recovering the money and assets which have been embezzled and “looted” from the Union and State Exchequers. Enlisting various scams from the internet, the petitioner pleaded that the various law …

Andhra Pradesh High Court Dismisses PIL Filed On Basis Of "WhatsApp Message" Alleging Misappropriation Of Funds By State Bar Council
1 year ago

Andhra Pradesh High Court Dismisses PIL Filed On Basis Of "WhatsApp Message" Alleging Misappropriation Of Funds By State Bar Council

Live Law  

The Andhra Pradesh High Court dismissed a public interest litigation filed by an advocate alleging misappropriation of funds generated by the state's Bar Council based on information circulating on WhatsApp groups. “It can therefore be clearly seen that the present petition was filed casually by the petitioner as a knee jerk reaction on the receipt of the WhatsApp messages circulating …

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 5 months ago

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

Live Law  

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation before approaching the concerned authorities seeking remedial action. While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, …

‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments
1 year, 6 months ago

‘Public Interest Or Political Interest Litigation?’: Calcutta High Court In Plea For FIRs Against Suvendu Adhikari Over Panchayat Election Comments

Live Law  

The Calcutta High Court today took up a PIL upon directions of the Supreme Court, pertaining to registration of FIRs and initiation of criminal proceedings against BJP's Leader of Opposition in West Bengal, Suvendu Adhikari. Mukherji, which had lifted a stay on coercive action against Adhikari, and directed the West Bengal police to register an FIR for his comments during …

POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions
1 year, 9 months ago

POSH Act | Karnataka High Court Disposes PIL For Establishment Of Internal Complaints Committee In All Educational Institutions

Live Law  

The Karnataka High Court on Monday disposed of a PIL seeking directions to the State's Department of Primary and Secondary Education to issue circulars mandating all educations institutes to establish an internal complaint committee in the light of Prevention of Sexual Harassment at Workplace Act. “In view of the directions of the Apex court and further direction to Union of …

Explained: What is PIL? When can it be filed? Courts view on misuse of PIL
2 years, 9 months ago

Explained: What is PIL? When can it be filed? Courts view on misuse of PIL

India Today  

The Supreme Court on Friday slammed the petitioners who sought to challenge the construction work by the Odisha government at Puri’s Jagannath temple for misusing the Public Interest Litigation and imposed a fee on them. The bench observed that there has been an increase in the number of PILs filed in courts and said, “Many such petitions are either publicity …

PIL Filed In Karnataka High Court Seeking Action Against Ministers, MLAs For Alleged Hate Speech
2 years, 11 months ago

PIL Filed In Karnataka High Court Seeking Action Against Ministers, MLAs For Alleged Hate Speech

Live Law  

A petition has been filed in the Karnataka High Court seeking direction to the state government to take action against the concerned public officials for failing to act against alleged hate speeches made by legislators and vigilante groups. The plea dubs such non-action as dereliction of duty and non-compliance of Supreme Court orders.The petitioner Mohammed Khaleelulla has also by way. …

PIL Litigation Alleviated Conditions Of Citizens; But Thousands Of Frivolous PILs being Filed: Supreme Court
3 years ago

PIL Litigation Alleviated Conditions Of Citizens; But Thousands Of Frivolous PILs being Filed: Supreme Court

Live Law  

The Supreme Court observed that PIL litigation has alleviated the conditions of the citizens in general.But thousands of frivolous petitions are filed, burdening the docket of both this Court and the High Courts, the bench headed by CJI NV Ramana observed.The court observed that noble intentions behind expanding the Court's jurisdiction were to accommodate. In these cases, Courts have multiple …

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost
3 years, 1 month ago

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost

Live Law  

In a plea seeking a slew of "exceedingly general directions" for tackling the menace of corruption, the Madras High Court has censured the petitioner for filing public interest litigations for mere publicity, without proper research.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu further imposed a cost of Rupees Ten Thousand on the petitioner. In …

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates
3 years, 4 months ago

Public Interest Litigation In Service Matters Not Maintainable : Kerala High Court Reiterates

Live Law  

While dismissing a writ petition, the Kerala High Court recently reiterated that Public Interest Litigations in service matters are not maintainable. A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly observed so while adjudicating upon a plea seeking a direction to the Director of Health Services to take appropriate disciplinary action against C. Jayachandran,. A Division …

'Personal Grudge Can't Be Settled In PILs': Allahabad High Court Imposes Cost On Petitioner Seeking Action On SIT Report On Criminal Activities Of Gangster Vikas Dubey
3 years, 8 months ago

'Personal Grudge Can't Be Settled In PILs': Allahabad High Court Imposes Cost On Petitioner Seeking Action On SIT Report On Criminal Activities Of Gangster Vikas Dubey

Live Law  

The Allahabad High Court on Monday dismissed with cost, a PIL seeking directions to the UP Government for taking action on the SIT report that recommended action against 90 Government officials, for assisting deceased gangster Vikas Dubey, in his alleged criminal activities. A Division Bench of Chief Justice Sanjay Yadav and Justice Ritu Raj Awasthi observed that the plea is …

Telangana High Court dismisses PIL against hospitals
3 years, 11 months ago

Telangana High Court dismisses PIL against hospitals

Deccan Chronicle  

HYDERABAD: The Telangana High Court on Thursday dismissed a public interest litigation filed by journalist Narendhar Kazipet, seeking to direct Care and Global Hospitals to pay Rs 50 crore for alleged negligence and unethical practice assuring to increase the height of people, among other ‘dubious’ claims. A division bench, comprising Chief Justice Hima Kohli and Justice B. Vijaysen Reddy was …

Politicians entitled to file PILs: SC
3 years, 11 months ago

Politicians entitled to file PILs: SC

The Hindu  

The Supreme Court has said judges need not read political motives or prejudice into a PIL petition merely because the person who filed it is a politician. Persons with political affiliations are as much entitled to file a public interest litigation as any other person, a Bench led by Justice Indira Banerjee observed in a recent order. “While it is …

"PILs Cannot Be Thrown Out Only Because Petitioner Belongs To Rival Political Party": Supreme Court
3 years, 11 months ago

"PILs Cannot Be Thrown Out Only Because Petitioner Belongs To Rival Political Party": Supreme Court

Live Law  

Supreme Court has recently observed that a Public Interest Litigation cannot be thrown out only because the petitioner belongs to a rival political party. The observations have been made by the Court in its order granting interim relief to Bengal CM Mamata Banerjee's election agent SK Supian in relation to matter of revived FIRs against him in Nandigram violence case. …

Public Interest Litigation Is Not A Pill Or Panacea For All Wrongs And Can't Be Used For Suspicious Products Of Mischief: HP HC [Read Order]
4 years, 7 months ago

Public Interest Litigation Is Not A Pill Or Panacea For All Wrongs And Can't Be Used For Suspicious Products Of Mischief: HP HC [Read Order]

Live Law  

The Himachal Pradesh High Court on Wednesday took up a plea seeking the postponement of the 'HP Subordinate Allied Services Examination-2019' to any subsequent dates, post normalization of COVID-19 crisis. While noting that the pleas raised were absolutely fallacious, the bench remarked, "…the attractive brand name of public interest litigation cannot be used for suspicious products of mischief. Further, highlighting …

PIL asks Telangana HC for CBI probe
5 years, 3 months ago

PIL asks Telangana HC for CBI probe

Deccan Chronicle  

Hyderabad: Projecting Cyberabad police commissioner V.C Sajjanar as the perpetrator of encounter deaths in the state, the Telangana State Civil Liberties Committee on Tuesday filed a public interest litigation at the High Court, urging a CBI investigation into the encounter deaths of the four men accused of raping and killing veterinarian ‘Disha’. Alleging that Sajjanar resorted to fake encounters to …

PILs filed in SC seek SIT inquiry into Hyderabad encounter, Rs 20 lakh compensation for families of accused
5 years, 3 months ago

PILs filed in SC seek SIT inquiry into Hyderabad encounter, Rs 20 lakh compensation for families of accused

Firstpost  

Two petitions were filed on Saturday in the Supreme Court seeking an SIT probe into the killing of four persons, arrested on charge of gangrape and murder of a veterinarian in Telangana, New Delhi: Two petitions were filed on Saturday in the Supreme Court seeking an SIT probe into the killing of four persons, arrested on charge of gangrape and …

Public Interest Litigation Should Not Be Entertained In Service Matter, Reiterates SC [Read Judgment]
5 years, 8 months ago

Public Interest Litigation Should Not Be Entertained In Service Matter, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has reiterated that a Public Interest Litigation should not be entertained in service matter.In this case, the Bombay High Court, while disposing a writ petition filed by a person, set aside the Proviso at the end of Rule 3 and Rule 3 and also Rule 4 of Assistant Inspector of Motor Vehicles, Group-C in Motor. In this …

Kerala HC To Hear PIL Seeking Action Against Mohanlal In Ivory Possession Case On July 11 [Read Petition]
5 years, 10 months ago

Kerala HC To Hear PIL Seeking Action Against Mohanlal In Ivory Possession Case On July 11 [Read Petition]

Live Law  

High Court of Kerala on Monday considered for admission a public interest litigation for taking action against actor Mohanlal in a case relating to possession of ivory tusks. The PIL was filed by one Paulose A.A, who had earlier filed a criminal complaint before the Vigilance Court in 2012 after Income Tax authorities seized four elephant tusks from Mohanlal's residence …

Petitioner Interest Litigation – Time To Check.
6 years, 1 month ago

Petitioner Interest Litigation – Time To Check.

Live Law  

PIL-1 & PIL-2 The advent of Public Interest Litigation was perhaps one of finest moments in the history of Indian judiciary. I am focusing from 2015-2018 and taking few samples of such Petitioner Interest Litigation filed before the Supreme Court. Figurative Data – PIL-3 In an hour of research, I could easily gather that in the past 4 years, at …

High Courts Must Remain Vigilant Of Attempts To Misuse PILs: SC [Read Judgment]
6 years, 3 months ago

High Courts Must Remain Vigilant Of Attempts To Misuse PILs: SC [Read Judgment]

Live Law  

The Supreme Court recently reminded the high courts of staying watchful of attempts to misuse public interest litigations for promotion of personal agenda.A Bench comprising Justice DY Chandrachud and Justice MR Shah asserted, “The High Courts must remain vigilant to the attempts to misuse PILs to subserve extraneous and motivated purposes. The Supreme Court recently reminded the high courts of …

"If Your Client File One More Improper PIL , We Will Ban Him" :SC Dismisses Plea For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties
6 years, 4 months ago

"If Your Client File One More Improper PIL , We Will Ban Him" :SC Dismisses Plea For Imposing Rs. 2,000 Upper Limit On Cash Donations To Political Parties

Live Law  

The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice S. K. Kaul on Monday dismissed Advocate Ashwini Upadhyay’s plea seeking a direction to the Central Government to impose an upper limit of Rs. 2,000 per person per year on political donations in cash.He had also prayed that the exemption under Section 13A of the Income Tax Act of …

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]
6 years, 5 months ago

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]

Live Law  

Justice Madan B Lokur made certain significant observations regarding the importance of Public Interest Litigation while issuing guidelines for prison reforms. Absence of governance due to failure of State to faithfully and sincerely implement laws, and also mis-governance by Governments were identified reasons compelling Courts to take up issues in PILs. The failure of the State to take remedial steps …

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]
6 years, 5 months ago

State's Opposition To PILs A Fig Leaf To Cover Its Failure To Provide Social Justice : Justice Madan Lokur [Read Judgment]

Live Law  

Justice Madan B Lokur made certain significant observations regarding the importance of Public Interest Litigation while issuing guidelines for prison reforms. Absence of governance due to failure of State to faithfully and sincerely implement laws, and also mis-governance by Governments were identified reasons compelling Courts to take up issues in PILs. The failure of the State to take remedial steps …

Has PIL become 'political interest litigation', asks Supreme Court judge
6 years, 6 months ago

Has PIL become 'political interest litigation', asks Supreme Court judge

Deccan Chronicle  

Indore: Supreme Court judge Justice Arun Mishra asked on Saturday whether the Public Interest Litigation had acquired a new meaning as the "Political Interest Litigation". Lok Sabha Speaker Sumitra Mahajan, who, along with Justice Mishra, attended the foundation stone-laying ceremony for a new district court building, also expressed worry about the misuse of PILs. But today, has the PIL become …

Bombay HC Imposes Rs. 1 Lakh Cost On Advocate For Filing PIL With Reckless Allegations Against Justice SK Shinde [Read Judgment]
7 years, 1 month ago

Bombay HC Imposes Rs. 1 Lakh Cost On Advocate For Filing PIL With Reckless Allegations Against Justice SK Shinde [Read Judgment]

Live Law  

The Bombay High Court has dismissed the PIL filed by advocate Ulhas Naik challenging the elevation of Justice SK Shinde to the bench and imposed a cost of Rs. 1 lakh for levelling reckless allegations against the judge.The bench of Justice RM Borde and Justice RG Ketkar noted that the petitioner advocate had intentionally made an incorrect statement on oath …

Bombay HC Imposes Rs. 1 Lakh Cost On Advocate For Filing PIL With Reckless Allegations Against Justice SK Shinde [Read Judgment]
7 years, 1 month ago

Bombay HC Imposes Rs. 1 Lakh Cost On Advocate For Filing PIL With Reckless Allegations Against Justice SK Shinde [Read Judgment]

Live Law  

The Bombay High Court has dismissed the PIL filed by advocate Ulhas Naik challenging the elevation of Justice SK Shinde to the bench and imposed a cost of Rs. 1 lakh for levelling reckless allegations against the judge.The bench of Justice RM Borde and Justice RG Ketkar noted that the petitioner advocate had intentionally made an incorrect statement on oath …

Soli Sorabjee on PILs: Every matter of public interest cannot be a matter of public interest litigation
9 years, 2 months ago

Soli Sorabjee on PILs: Every matter of public interest cannot be a matter of public interest litigation

Firstpost  

Chief Justice of India TS Thakur recently voiced a concern regarding the misuse of PIL as an instrument to ‘settle scores with corporate rivals and also for personal vendetta’. Question: In December 2014 a bench of Chief Justice HL Dattu and Justice AK Sikri remarked that “public interest litigation was started with a good intention to help the poor people …

The term ‘public interest’ is so open-ended that the fate of PILs rests on the length of My Lord’s foot
9 years, 2 months ago

The term ‘public interest’ is so open-ended that the fate of PILs rests on the length of My Lord’s foot

Firstpost  

No less significant, however, than the identity and credibility of the PIL petitioner, whether an individual or an organisation, is the attitude and approach of the court or, more specifically, the Bench that is entrusted with the responsibility of hearing and deciding PILs. by Anupam Gupta Reacting to a public interest litigation moved by Prashant Bhushan’s Centre for Public Interest …

SC asks Prashant Bhushan whether his NGO CPIL has any mechanism to verify allegations in PILs
9 years, 2 months ago

SC asks Prashant Bhushan whether his NGO CPIL has any mechanism to verify allegations in PILs

Live Law  

The illustrious NGO, the ‘Centre for Public Interest Litigation’ which enjoys enormous the credibility in Indian Courts, had to face some unconventional questions from Chief Justice of India regarding the source of information and scrutiny of it before filing the PILs.The CJI, heading a bench which was hearing a fresh PIL filed by CPIL challenging the grant of 4G spectrum …

In public interest
14 years, 9 months ago

In public interest

The Hindu  

Justice Sarosh Homi Kapadia, the senior-most judge in the Supreme Court, succeeded Justice K.G. Justice Kapadia, who will be the first CJI born after Independence, will have a tenure of two years and four months, as Supreme Court judges retire at the age of 65. It will be of interest to examine the CJI's views on PILs in the light …

In public interest
17 years, 1 month ago

In public interest

The Hindu  

Activist judiciary: a pro bono fiduciary vis-a-vis operation public interest litigation. In Fertilizer Corporation, sitting on a Bench of the Supreme Court I made the following observations: In the Municipal Council, Ratlam, a Bench of this Court observed: : It is procedural rules, as this appeal proves, which infuse life into substantive rights, which activate them to make them effective …

Discover Related