Civil Procedure Code, 1908, Section 91(1), (2) -- Public street - S.91(1) CPC confer an additional right and locus standi on two or more persons to file suit relating to public street with leave of Court - It does not bar the right of any person to file suit independently of this provision...........
Constitution of India, 1950, Article 226 -- Public interest litigation - Against decision of Election Commission rescinding election notification on allegation of use of money power and horse trading - Locus standi - Petitioner, a member of a political party - Petitioner himself admitted that money was used for election shamelessly and without fear - Petitioner failed to..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - Held, in respect of offence of defamation, S.199 Cr.P.C. mandates that Magistrate can take cognizance of offence only upon receiving a complaint by a person who is aggrieved - This limitation on power to take cognizance of defamation serves..........
Criminal Procedure Code, 1973, Section 199, Indian Penal Code, 1860, Section 499 -- Complaint of defamation - Locus standi to file - 'Shri Jawaharlal Nehru did nothing for children' - Statement made by Gujarat Chief Minister - Not an attack on reputation of anyone in particular - Remarks are general in nature - Complainant cannot be said to be `aggrieved person' to file..........
Civil Procedure Code, 1908, Section 91, Specific Relief Act, 1963, Section 39 -- Suit for mandatory injunction - Construction of roof on public street - Obvious consequence thereof would be that flow of natural light and air to the adjoining premises would be diminished - Suit filed by neighbour for mandatory injunction as construction has caused special damage to him, is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Locus standi - Complaints were filed by "R" as proprietor of M/s.Resoursys - He being the proprietor of firm in whose favour cheque in question was issued - Held, he was only competent person to file complaint being its proprietor...........
Consumer Protection Act, 1986, Section 2(1)(d) -- Consumer - Locus standi - Complainant had placed himself in the position of the consignor with a deferred payment to be made by -'Dr. Z-' - He was fully qualified to be a consumer to file the complaint - Total reliance placed by the State Commission only on the incorporation of the name of -'Dr. V-' and -'SCT Institute-' on..........
Civil Procedure Code, 1908, Section 115 -- Jurisdiction of execution Court - Revision - Maintainability - Judgment debtors raised fundamental question regarding jurisdiction of execution Court in trying to execute the decree - The questions are pure questions of law, viz., the locus standi and the question of limitation - Held, they fall within the purview of S.115 CPC as..........
Civil Procedure Code, 1908, Section 146 -- Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987, 92, 2(18) - Religious institution - Representative suit - Execution petition - Held, judgment debtors cannot resist execution petition on the ground that the decree holders do not have locus standi to lay execution petition where suit admittedly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
