Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability
2 weeks, 5 days ago

Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability

Live Law  

The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals and Law Officers by the State Government, for lacking any merits and being filed solely on the basis of vague allegations. “The suitability of a lawyer who is engaged by the Government is a matter exclusively within the domain of the executive decision and such a decision cannot be challenged on the ground that other suitable and more competent lawyers have been left out and by doing so the larger public interest has been overlooked.” The division bench of Justice Rekha Borana and Justice Shree Chandrashekhar was hearing a petition that challenged the Appointments made in February 2024 on the grounds that the same were illegal and arbitrary for not following the mandate and procedure laid down in the Rajasthan Law and Legal Affairs Department Manual, 1999 and the Rajasthan State Litigation Policy, 2018. After going through all the grounds challenging the maintainability of the PIL like the locus standi of the petitioner, his reckless and sweeping statements in intemperate language made without any substance as well as him not challenging the previous Appointments made using the same procedure, the Court opined that, “In our considered opinion, the present writ petition does not carry any element of public interest and the State-respondents have rightly challenged the maintainability of the writ petition. “This cannot be a legal ground to entertain a writ petition labeled as a Public Interest Litigation that claim of every eligible person was not considered in the matter of appointment of Additional Advocate General and other Law Officers.” It was held that judicial review in contractual matters could be made where violation of Art.

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History of this topic

Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court
5 days, 2 hours ago

Writ Court Cannot Make Out A Third Case, Not Pleaded By Parties, Based On Arguments Made During Hearing : Supreme Court

Live Law  

The Supreme Court today observed that the findings of the Writ Courts should be based on the case pleaded and evidence adduced by the parties. “Based on the aforesaid authorities, we hold that while deciding a writ petition on the basis of affidavits, the writ court's enquiry ought to be restricted to the case pleaded by the parties and the …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed
Trending News
1 week, 2 days ago

Supreme Court Dismisses Rajasthan HC's Plea Against Judicial Service Appointment Of Candidate After FIRs Were Closed

Live Law  

The Supreme Court recently dismissed a Special Leave Petition challenging a Rajasthan High Court judgment that directed the appointment of a candidate in the Rajasthan Judicial Services Examination 2021. A bench of Justice Hrishikesh Roy and Justice SVN Bhatti refused to interfere with the Rajasthan High Court's decision observing, “Having considered the basis for the impugned judgment of the Division …

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW
Trending News
1 week, 2 days ago

Rajasthan DISCOMs, Supreme Court, Rajasthan High Court, JSW

Live Law  

The Supreme Court recently stayed the observations made by the Rajasthan High Court at Jodhpur in a Public Interest Litigation wherein Rajasthan DISCOMs were the Respondent parties. The said writ appeal will be decided by the Division Bench of the High Court uninfluenced by any observations made in the impugned judgment ” While doing so, the Apex Court categorically noted …

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court
3 weeks, 5 days ago

Can't Make Party Suffer For Counsel's Non-Appearance Or Failure To Make Alternate Arrangement For Appearance: Rajasthan High Court

Live Law  

While hearing a writ petition, Rajasthan High Court upheld an order of the trial court that set aside an ex-parte decree against the respondents on the ground that the counsel of the respondents had underwent eye surgery and thus owing to his health conditions, he was not able to make an appearance before the court for the proceedings. However, we …

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit
2 months ago

High Court Allows Review Petition, Recalls Direction to Respondents to Appoint Petitioner Due to Low Merit

Live Law  

The Delhi High Court allows a Review Petition filed by the Respondents seeking review of its order directing the Respondent to recall the appointment of a candidate. The Court held that the Respondent was required to issue an appointment letter to the Petitioner as per his respective merit in the respective LDCE, even though the Petitioner was not informed of …

PIL filed in Delhi HC against Ravneet Bittu for ‘incendiary remarks’ on Rahul Gandhi
3 months ago

PIL filed in Delhi HC against Ravneet Bittu for ‘incendiary remarks’ on Rahul Gandhi

The Hindu  

A public interest litigation has been filed in the Delhi High Court seeking action against Union Minister Ravneet Singh Bittu for allegedly making “derogatory, misleading, and false” statements against the Leader of Opposition in the Lok Sabha Rahul Gandhi. The petition filed by Surjit Singh Yadav, chief of the Hindu Sena, said Mr. Bittu had criticised Mr. Gandhi for comments …

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application
3 months, 2 weeks ago

Procedural And Technical Hurdles Cannot Impede Substantial Justice: Rajasthan HC Grants Appointment To Candidate Who Erred In Submitting Application

Live Law  

Rajasthan High Court has ruled that the application of rules should be with a humane approach and if procedural violation does not cause prejudice, courts must lean towards doing substantial justice rather than relying upon procedural and technical violation. Procedural and technical hurdles shall not be allowed to come in the way of the court while doing substantial justice.” The …

Supreme Court Refuses To Entertain PIL On Stray Dog Issue, Asks Petitioner To Move HC
5 months, 1 week ago

Supreme Court Refuses To Entertain PIL On Stray Dog Issue, Asks Petitioner To Move HC

Live Law  

The Supreme Court dismissed the petition pertaining to the prevention of mishaps arising due to stray dogs issue. Therein, the Court had disposed of a batch of petitions relating to the stray dog issue, stating that in view of Animal Birth Control Rules, 2023, the matter can now be decided by the respective High Courts. “Considering all the intervening developments …

PIL Challenging Rahul Gandhi's LS Election: Allahabad HC Seeks Registry Report On HC's 2016 Directive Against Petitioner's Advocate
5 months, 3 weeks ago

PIL Challenging Rahul Gandhi's LS Election: Allahabad HC Seeks Registry Report On HC's 2016 Directive Against Petitioner's Advocate

Live Law  

The Allahabad High Court on Wednesday directed its registry to submit its report on a 2016 Judgment of the High Court passed related to the advocate representing the petitioner in a Public Interest Litigation plea challenging Rahul Gandhi's election to the Lok Sabha. "This court has perused the judgment of the Division Bench of this Court in the case of …

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court
7 months, 1 week ago

Writ Petition By Employees Against Air India Not Maintainable After Its Privatisation: Supreme Court

Live Law  

The Supreme Court affirmed the Bombay High Court's order that the writ petitions filed by employees against Air India Limited would no longer be maintainable due to AIL's subsequent privatisation. The judgment orally pronounced by the Bench of Justices BR Gavai and Sandeep Mehta stated: “In wake of discussion made hereinabove, we do not find any reason to take a …

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court
7 months, 2 weeks ago

Notice Of Hearing Must Be Issued To Petitioner & Not His Counsel When Court Seeks To Grant Hearing To All Interested Parties: MP High Court

Live Law  

Madhya Pradesh High Court has recently underscored that notice of proceedings should have been issued to the petitioner and not his counsel in the matter. Pursuant to a High Court order, the Joint Director had decided on an earlier application of the petitioner dated 1/11/2022 and the fresh application filed by him on 28/3/2023. It was incumbent upon respondent No.2 …

Why did the Supreme Court stay a High Court verdict declaring U.P. madarsa law ‘unconstitutional’? | Explained
8 months, 2 weeks ago

Why did the Supreme Court stay a High Court verdict declaring U.P. madarsa law ‘unconstitutional’? | Explained

The Hindu  

The story so far: The Supreme Court on April 5 stayed the operation of the Allahabad High Court’s decision declaring the Uttar Pradesh Board of Madarsa Education Act, 2004 unconstitutional. Iftikhar Ahmed Javed, chairman of the Uttar Pradesh Board of Madarsa Education, told Reuters earlier that the High Court’s ruling had the potential to impact 2.7 million students and 10,000 …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
9 months, 3 weeks ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence
10 months ago

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence

Op India  

On Monday, the Supreme Court dismissed a public interest litigation seeking an investigation by a Special Investigation Team or the Central Bureau of Investigation into the violence in Sandeshkhali village in North 24 Parganas district of West Bengal. The petitioner, Alakh Alok Srivastava, pointed out allegations of sexual violence in Sandeshkhali and highlighted the prior concerns of the apex court …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
10 months, 1 week ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

PIL Challenging RPA Provisions Dismissed
10 months, 1 week ago

PIL Challenging RPA Provisions Dismissed

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court dismissed a PIL challenging provisions of The Representation of People’s Act, 1951, pertaining to the arrangement of names of candidates on ballot papers. Ban on rooftop hoardings: SCB refrained from taking further action Justice S. Nanda of the Telangana High Court directed the Secunderabad Cantonment Board not to take any further …

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 2 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, …

'Complaint Against Editors Guild Report Is Govt's Counter-Narrative' : Supreme Court Extends Protection For EGI Members From Manipur Police FIR
1 year, 3 months ago

'Complaint Against Editors Guild Report Is Govt's Counter-Narrative' : Supreme Court Extends Protection For EGI Members From Manipur Police FIR

Live Law  

In the petition challenging FIRs lodged against the members of the Editors Guild of India over a fact-finding report published by them about the ethnic violence in Manipur, the Supreme Court today orally remarked that the complaint filed against the EGI members was "a counter-narrative of the government". At this point, CJI Chandrachud expressed disapproval of the manner in which …

Haryana Govt Justifies Rejecting High Court's Recommendations On District Judges Appointment, Cites Legal Opinion By Union Law Ministry
1 year, 3 months ago

Haryana Govt Justifies Rejecting High Court's Recommendations On District Judges Appointment, Cites Legal Opinion By Union Law Ministry

Live Law  

The Haryana government today defended its action of rejecting the recommendations made by the High Court for appointment of Additional and District Sessions judges in the State.In an affidavit, Haryana Chief Secretary Sanjeev Kaushal submitted that they took legal opinion from the Union Law Ministry on the matter which said that Haryana government would not be bound to accept High. …

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs
1 year, 4 months ago

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs

Live Law  

The Madhya Pradesh High Court has dismissed a Public Interest Litigation which sought high-level enquiry into an alleged scam in recruitment of Patwari by the Madhya Pradesh Employees Selection Board, with rupees ten thousand costs. While finding the petition unmerited, the Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Hirdesh observed, “In the facts and circumstances of the case, …

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases
1 year, 4 months ago

Supreme Court Rejects Advocates' Association's Plea Challenging HC Instructions To District Courts On Disposal Of Old Cases

Live Law  

The Supreme Court, on Monday, refused to entertain a petition filed by the OBC Advocates Welfare Association assailing the legality of three circulars issued by the Madhya Pradesh High Court asking District and Sessions Courts to dispose of 25 of their oldest cases every quarter to clear pendency. The Chief Justice of the Madhya Pradesh High Court intervened and asked …

Supreme Court Weekly Round-Up: July 10 To 16 July 2023
1 year, 5 months ago

Supreme Court Weekly Round-Up: July 10 To 16 July 2023

Live Law  

Gurugram Prime Plot 'Sold' Through Fake GPA: Supreme Court Forms SIT To Probe Land Scam; Questions Role Of Sub-Registrar's Office Case title: Pratibha Manchanda And Anr. Supreme Court Issues Notice To CBI, ED On Manish Sisodia's Bail Pleas In Delhi Liquor Policy Scam Case Case title: Manish Sisodia v. Central Bureau of Investigation Citation: Special Leave Petition No. Supreme Court …

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments
1 year, 6 months ago

Lawyers' Body Moves Supreme Court Seeking 2 Years Cooling Off Period For Retired Judges To Accept Post-Retirement Appointments

Live Law  

Amid mounting criticism over retired judges accepting post-retirement sinecures, a public interest litigation petition has been filed seeking a ‘cooling off’ period of two years before any retired judge of the Supreme Court or high courts can accept a political appointment. The petition states: “Under Articles 32 and 226, the Supreme Court and the high courts enforce fundamental rights of …

SC refuses to entertain plea of lawyers' body for action against V-P Dhankar, Rijiju over remarks on judiciary
1 year, 7 months ago

SC refuses to entertain plea of lawyers' body for action against V-P Dhankar, Rijiju over remarks on judiciary

The Hindu  

The Supreme Court on May 13 refused to entertain a plea challenging the Bombay High Court order, which had dismissed a petition against Vice-President Jagdeep Dhankhar and Union Law Minister Kiren Rijiju, over their remarks on the judiciary and the collegium system for the appointment of judges. "It is submitted that the petitioner herein filed the PIL before the High …

'Supreme Court Broad Enough...' : SC Rejects PIL For Action Against Law Minister & Vice President Over Comments Against Judiciary
1 year, 7 months ago

'Supreme Court Broad Enough...' : SC Rejects PIL For Action Against Law Minister & Vice President Over Comments Against Judiciary

Live Law  

The Supreme Court on Monday dismissed the Special Leave Petition filed by Bombay Lawyers Association challenging High Court's order dismissing its PIL against Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their remarks in public about the basic structure doctrine evolved by the Top Court and the Collegium system for appointment of Judges. The Apex Court noted, “we …

SC tells govt. that challenge before it to ED Director’s ‘piecemeal’ tenure extensions is not about ‘politics’
1 year, 9 months ago

SC tells govt. that challenge before it to ED Director’s ‘piecemeal’ tenure extensions is not about ‘politics’

The Hindu  

The Supreme Court reacted sharply on February 27 that it is not concerned with politics when the government claimed that the opposition to the “piecemeal” tenure extensions granted to Enforcement Directorate Director S.K. The petitions filed by Congress party spokesperson Randeep Singh Surjewala, Trinamool Congress leader Mahua Moitra, social activist and General Secretary of Madhya Pradesh Congress Mahila Committee Jaya …

Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System
1 year, 10 months ago

Breaking | Bombay High Court Dismisses PIL Against Vice President, Law Minister Over Remarks On Basic Structure Doctrine, Collegium System

Live Law  

The Bombay High Court on Thursday dismissed a PIL against the Vice President Jagdeep Dhankhar and Law Minister Kiren Rijiju for their constant public criticism of the judiciary’s ‘collegium system’ and remarks against the basic structure doctrine. Petitioner - the Bombay Lawyers Association sought to restrain them from discharging their duties claiming that the two have disqualified themselves from holding …

Supreme Court Yearly Digest 2022- Judiciary
1 year, 11 months ago

Supreme Court Yearly Digest 2022- Judiciary

Live Law  

Judges Appointment Judges Appointment - Collegium reiterations are binding - Supreme Court asks Centre to explain by reiterated names are sent back to the collegium- 10 names reiterated by the Supreme Court collegium sent back by the Central Government- SC asks Attorney General as to how under the Scheme of law prevalent, are reiterated names sent back - Refers to …

HC CJ recuses from hearing plea against CJI Chandrachud’s appointment
1 year, 11 months ago

HC CJ recuses from hearing plea against CJI Chandrachud’s appointment

Hindustan Times  

Delhi high court chief justice Satish Chandra Sharma on Friday recused from hearing a review petition against an order dismissing a public interest litigation challenging the appointment of DY Chandrachud as Chief Justice of India. Two days later, the high court bench dismissed with costs of ₹1 lakh the PIL by Sanjeev Kumar Tiwari against CJI Chandrachud’s appointment. The petitioner …

Supreme Court Pulls Up LLM Student For Filing PIL To Remove Reservation System
2 years ago

Supreme Court Pulls Up LLM Student For Filing PIL To Remove Reservation System

Live Law  

The Supreme Court of India refused to entertain a PIL seeking to remove the system of reservations in the country while terming the said PIL "an abuse of process". The PIL, which was filed by an LLM student was listed before a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. At the very outset, CJI DY Chandrachud expressed …

SC-Lawyer Seeks AG's Consent For Contempt Action Against Info. Commissioner For 'Lowering' Supreme Court's Authority In His Order
2 years ago

SC-Lawyer Seeks AG's Consent For Contempt Action Against Info. Commissioner For 'Lowering' Supreme Court's Authority In His Order

Live Law  

A Supreme Court Advocate-On-Record has written a letter to the Attorney General for India, R. Venkataramani, seeking his consent for the initiation of criminal contempt proceedings against the Information Commissioner, CIC-Uday Mahurkar claiming that he lowered the authority of the Supreme Court of India in his Order. Essentially, in an order dated 25-11-2022, the Information Commissioner, Uday Mahurkar had observed …

Supreme Court Reserves Judgment On Andhra Govt's Challenge Against HC's Stay On Probe Into Amaravati Land Scam
2 years, 1 month ago

Supreme Court Reserves Judgment On Andhra Govt's Challenge Against HC's Stay On Probe Into Amaravati Land Scam

Live Law  

The Supreme Court on Thursday reserved judgement on an appeal preferred by the Andhra Pradesh government challenging a High Court order staying the government orders sanctioning the constitution of a Special Investigating Team to probe into the allegations of land scam in Amaravati during the previous dispensation under the Telugu Desam Party. These two government orders came under the scanner …

Rajasthan HC Dismisses PIL Seeking To Restrain Political Parties, Electoral Candidates From Visiting Religious Places During Election Campaigns
2 years, 2 months ago

Rajasthan HC Dismisses PIL Seeking To Restrain Political Parties, Electoral Candidates From Visiting Religious Places During Election Campaigns

Live Law  

The Rajasthan High Court has dismissed a public interest litigation which sought directions from the court to restrain candidates from visiting religious places during election campaigns.The petitioner prayed for issuance of directions to all the political parties and the candidates contesting elections to not use caste or religion for the purposes of election and not to visit religious. The Rajasthan …

"Abuse Of Process" : Supreme Court Pulls Up Petitioner For Filing Plea Seeking Appointment As President Of India
2 years, 2 months ago

"Abuse Of Process" : Supreme Court Pulls Up Petitioner For Filing Plea Seeking Appointment As President Of India

Live Law  

The Supreme Court, on Friday, junked a petition filed by an environmentalist raising 'scurrilous allegations' against the President of India. It further directed the Supreme Court Registry not to entertain petitions on the same subject matter if filed by the petitioner on a future date. "The Registry is directed not to entertain petitions on the same subject matter in the …

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal
2 years, 2 months ago

Supreme Court dismisses 'publicity interest litigation' on Taj Mahal

Firstpost  

A bench of justices M R Shah and M M Sundresh refused to interfere with the Allahabad High Court order that had dismissed the plea New Delhi: The Supreme Court on Friday junked a plea seeking a “fact-finding inquiry” into the history of the Taj Mahal and the “opening of 22 rooms” on the monument’s premises, terming it “publicity interest …

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
2 years, 3 months ago

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to …

PIL Can't Be Entertained In Disputes Relating To Service Matters: Orissa High Court
2 years, 4 months ago

PIL Can't Be Entertained In Disputes Relating To Service Matters: Orissa High Court

Live Law  

The Orissa High Court has recently held that Public Interest Litigation cannot be entertained in disputes pertaining to ' service matters'. Contentions: Mr. Ramakanta Sarangi, counsel for the petitioners, placed reliance on the decision of the Apex Court in Central Electricity Supply Utility of Odisha v. Dhobei Sahoo to argue that while the general rule is that in service matters, …

Supreme Court Weekly Round Up : August 8- August 14, 2022
2 years, 4 months ago

Supreme Court Weekly Round Up : August 8- August 14, 2022

Live Law  

Supreme Court Judgments Section 311 CrPC Application Cannot Be Dismissed Merely On The Ground That It Will Lead To Filling In Loop Holes Of Prosecution Case: Supreme Court Case details: Varsha Garg vs State of Madhya Pradesh 2022 LiveLaw 662 | CrA 1021 of 2022 The Supreme Court observed that an application under Section 311 CrPC cannot be dismissed merely …

1979: The first PIL petition
2 years, 4 months ago

1979: The first PIL petition

The Hindu  

Published : Aug 14, 2022 06:00 IST Public interest litigation petitions are cases filed in a court that highlight a public cause and seek to redress for those affected. Technically, the 1979 Hussainara Khatoon vs State of Bihar was the first PIL petition though Justice Krishna Iyer spoke about it in the 1976 Mumbai Kamgar case SCC 832)). He noted: …

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him
2 years, 4 months ago

Rajasthan High Court Upholds Termination Of Employee Who Obtained Compassionate Appointment By Concealing Criminal Cases Pending Against Him

Live Law  

The Rajasthan High Court recently upheld termination of an employee who obtained compassionate appointment by concealment of facts. The petitioner was not able to give details of criminal cases pending against him allegedly on account of paucity of space in attestation form. The court observed that the petitioner failed to give due details and therefore, violated Clause-2 of the appointment …

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
2 years, 5 months ago

Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. …

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot
2 years, 6 months ago

Jurisdiction Under Article 227 And Orders Of The National Consumer Disputes Redressal Commission ;A Snapshot

Live Law  

The Hon'ble Supreme Court of India has in its recent judgement in the case of Ibra tFaizan Versus Omaxe Buildhome Private Limited held that the National Consumer Disputes Redressal Commission at New Delhi is a Tribunal within the meaning of Article 227 of the Constitution of India. However, the Hon'ble Supreme Court has now clarified in the Ibrat Faizan judgement …

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ
2 years, 8 months ago

'Contemptuous': Rajasthan High Court Expresses Displeasure Over Counsel Insisting Judge To Recuse From Hearing, Places Matter Before CJ

Live Law  

The Rajasthan High Court has opined that no counsel can insist a Judge to recuse from hearing a case, even if during the course of hearing, the court has commented on the merits of the case, which in the counsel's opinion are not favourable. Without making any further comment regarding conduct of the petitioner's counsel and deeming it appropriate to …

Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court
2 years, 9 months ago

Proper Facts & Evidence Must Be Placed Before Court To Invoke PIL Jurisdiction: Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and present necessary facts before the court to cause further investigation. A division bench of Chief Justice Akil Kureshi and Justice Rekha Borana, while disposing of the petition, observed, "A citizen approaching the Court in a …

PIL Litigation Alleviated Conditions Of Citizens; But Thousands Of Frivolous PILs being Filed: Supreme Court
2 years, 9 months 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 …

Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria
2 years, 10 months ago

Delhi High Court Dismisses PIL Challenging Tender Invitations Issued By PSUs For Empanelment Of Law Firms Based On Turn Over Criteria

Live Law  

The Delhi High Court has dismissed a public interest litigation challenging the Tender invitations issued by Public Sector Undertakings and other registered Corporates or Companies, including Directorate General of Hydrocarbons, for empanelment of a Law Firm on the basis of money or turn-over criteria as being ultra vires the Advocates Act, 1961. Observing that it would not be proper or …

After Bombay High Court's Stinging Observations On DGP Appointment, Maharashtra Govt Decides To Reconsider Its Stand
2 years, 10 months ago

After Bombay High Court's Stinging Observations On DGP Appointment, Maharashtra Govt Decides To Reconsider Its Stand

Live Law  

Hours after the Chief Justice of Bombay High Court observed that the Maharashtra Government had gone out of its way to recommend its senior most IPS officer - Sanjay Pandey's name for Director General of Police, the State said it would reconsider its stand. The court was hearing a PIL seeking appointment of a permanent DGP in Maharashtra in accordance …

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC
2 years, 10 months ago

Statutory Remedy Against Appointment Of Arbitrator Lies Under Arbitration Act, Can't Invoke Extraordinary Jurisdiction Under Art. 226: Gujarat HC

Live Law  

If an Act prescribes a mechanism to address certain grievances and the petitioner is ignorant of such statutory mechanism or chooses not to avail them and straightaway invokes High Court's extraordinary jurisdiction under A.226 of the Constitution, then exercising such jurisdiction for the same is not in the fitness of things, Gujarat high Court has held. In a writ petition …

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