Criminal Procedure Code, 1973, Section 482 -- Imposition of costs - Publicity interest litigation filed in garb of PIL - Such type of publicity interest litigation should be discouraged which result in wastage of valuable time of Court - Petitioner directed to pay costs of Rs.10,000/-...........
Public Interest Litigation -- Suo motu proceedings - Suo motu PIL can be initiated to ameliorate conditions of class of persons whose constitutional or otherwise lawful rights are affected or not adequately looked into - Court has adopted said tool so that person in disadvantaged situation because of certain reasons i.e social. economic or socio-economic are in position..........
Constitution of India, 1950, Article 14, 244, 5th -- Redefining and rescheduling of all Scheduled Areas - Reasonable classification - Judicial review - As per Gazette notification, scheduling of the area has been done to rectify the left out areas on the basis of suggestion given by the State of Jharkhand to the counter affidavit of the State - Since, classification is..........
Muslim Women (Protection of Rights on Divorce) Act, 1986 -- Right of Muslim women - Issue regarding gender discrimination - In spite of guarantee of Constitution, Muslim women are subjected to discrimination as there is no safeguard against arbitrary divorce and second marriage by her husband during currency of first marriage, resulting in denial of dignity and security to..........
Constitution of India, 1950, Article 226, 49, 51A(f), Ancient Monuments Preservation Act, 1904, Section 11, Prevention of Damage to Public Property Act, 1984, Section 3 -- PIL - Thefts and damage to historical objects preserved in museums - Seeking directions for adequate security and proper investigation into matter - Taking into consideration stand taken by Central..........
Criminal Procedure Code, 1973, Section 197, Prevention of Corruption Act, 1988, Section 13, Constitution of India, 1950, Article 226 -- Sanction to prosecute - Refusal to - PIL against - Scandal of illegal appointments and payment of salaries to teachers - Impugned orders declining sanction for prosecution passed after considering evidence and material on record - Held,..........
Indian Penal Code, 1860, Section 419, 420, 465, 468, 471, 406, 409, Constitution of India, 1950, Article 226 -- Matter of illegal payments to no, existent schools - Accounts opened in the name of no, existent persons and fictitious withdrawal of amount of minority scholarship - Investigation by investigating agency is determinative of complicity of alleged offender -..........
Constitution of India, 1950, Article 243W, Punjab Municipal Act, 1911, Section 52 -- Constitution of India, 1950, 74th Amendment including Art.243W r/w 12th Schedule - PIL - Municipal Council(s)/Committee(s) - Utilization of fund - Held, Municipal Council(s)/Committee(s) all over State of Punjab shall be free to spend municipal funds as per requirement of local needs in..........
Constitution of India, 1950, Article 226 -- Public interest litigation - Maintainability - PIL raising question of implementation of R&R Policy - Same had already been considered and decided by the High Court and appeal pending in Supreme Court - Held, PIL not maintainable - HC was wrong in entertaining PIL...........
Right to Information Act, 2005, Section 27 -- State Information Commission - Filing up of vacant posts - PIL for framing of Rules u/s 27 of the Act to regulate filling up of vacant posts of State Information Commissioners - Held, The Act is a vital piece of legislation prompted to provide a good and responsible governance to the citizens - It would be the bounden duty of..........
