India‚ wherein an unregistered association of workers was permitted to institute a writ petition under Art.32 of the Constitution for the redrcssal of common grievances. Krishna lyer J.‚ enunciated the reasons for liberalization of the rule of Locus Standi in Fertilizer Corporation Kamgar vs. Union of India (AIR 1981 SC 149; 1981 (2) SCR 52) and the ideal of ’Public Interest Litigation’ was blossomed in S.F. Gupta and others vs. Union of India‚ (AIR 1982 SC 149). Judicial Activism: The expression
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important that for the action to remain valid till the end the juridical interest has to exist in the individual bringing the action or the individual responding to the action till the end. Once interest stops the action becomes defective and “locus standi” no longer subsist. Various authors have propounded different theories on juridical interest‚ but what is undisputed is that the scope of having a juridical interest throughout the action is to circumvent those actions which are frivolous and
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PUDR [People’s Union for Democrataic Rights] vs. Union of India • it recognised that a third party could directly petition‚ whether through a letter or other means‚ the Court and seek its intervention in a matter where another party’s fundamental rights were being violated. • it was held that “Public Interest Litigation which is a strategic arm of the legal aid movement and which is intended to bring justice within the reach of the poor masses‚ who constitute the low visibility area
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TABLE OF CONTENTS Sr. No. 1. 2. PARTICULARS Page no. LIST OF ABBREVIATIONS INDEX OF AUTHORITIES 2.1 Books 2.2 Dictionary 2.3 Journal 2.4 Articles 2.5 Cases 2 3 4 4 4 5 7 8 9 10 12 25 3. 4. 5. 6. 7. 8. STATEMENT OF JURISDICTION STATEMENT OF FACTS ISSUES RAISED SUMMARY OF ARGUMENTS BODY OF PLEADINGS PRAYER MEMORIAL ON BEHALF OF PETITIONER LIST OF ABBREVIATIONS Sr. No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Abbreviated Forms FDI AIR SC SCC Edn. v. Pg. Hon‟ble Art. UOI Vol. U.S.A. Full
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OCT/NOV 2007 examination paper ADL201M Oct/Nov 2007 ADMINISTRATIVE LAW Duration: 2 hours 100 marks ------------------------------------------------------------------------------------------------------ The Aliens Control Act imposes restrictions on aliens entering into or residing in South Africa. In terms of the Act the Minister of Home Affairs may exempt a person from this restriction by issuing a certificate to this effect. The Minister is also empowered to withdraw
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majority of illiterate citizens on the other. However‚ this entire scenario gradually changed when the post emergency Supreme Court tackled the problem of access to justice by people through radical changes and alterations made in the requirements of locus standi and of party aggrieved. The splendid efforts of Justice P N Bhagwati and Justice V R Krishna Iyer were instrumental of this juristic revolution of eighties to convert the apex court of India into a Supreme Court for all Indians. As a result any
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PUBLIC INTEREST LITIGATION UNDER THE ENVIRONMENT MANAGEMENT ACT OF MALAWI: CHALLENGES AND OPPORTUNITIES 1.0 Introduction: 1.1 Background: The early 90s saw the Malawi Government embark on a legal reform process in environmental areas. This was part of an effort to arrest the environmental degradation process the country was facing.[1] Recently‚ the legislature passed the Environment Management Act( EMA).[2] The principle objective of the legislation was said "to provide for a legislative
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LAW OF CONTRACT The doctrine of privity prevented a third party from enforcing a benefit in a contract made between other parties. This position has clearly been altered by the enactment of the Contract (Rights of Third Parties) Act 1999. Today‚ third parties are no longer denied the ability to enforce benefits conferred upon them by a contract between two or more parties. 1. Examine the doctrine of privity and the problems that it faced‚ 2. Discuss the changes brought about by the development
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that its often wrapped in silence.The recent sexual scandal perpetrated by two priests in Malta has become the topic of discussion in most journal and dailies now whereas the church has made provisions for occurrences like that.Those who lack the locus standi are now poke-nosing.Celibacy is to make priests have time to be dedicated to God’s work not compulsory. What the church needs at this point is prayer against the agents plots.Since the inception of the church‚it has suffered violence and great
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In view of the operations by the courts on a wider canvas of judicial review‚ a potent weapon was forged by the Supreme Court by way of public interest litigation (PIL) also known as social action litigation. The Supreme Court has ruled that where judicial redress is sought in respect of a legal injury or a legal wrong suffered by persons‚ who by reason of their poverty or disability are unable to approach the court for enforcement of their fundamental rights‚ any member of the public‚ acting bona
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