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Friday, December 14, 2012

Essays

Introduction to national Interest litigation (from Health C ar causal agent Law in India A Reader by CEHAT and ICHRL - pg. 199-200- red figure by Adv. Mihir Deasi and Adv. Kamayani Bali Mahabal)   universal Interest Litigation is not be in any statute or act. It has been interpreted by judges to consider the intent of ordinary at large. Although, the principal(prenominal) and only focus of such litigation is only `Public Interest there are various areas where a Public Interest Litigation earth-closet be shootd   Who can institutionalise: Any public-spirited person can file a Public Interest Litigation case (PIL) on behalf of a group of persons, whose rights are affected. It is not necessary, that person filing a case should have a direct interest in this Public Interest Litigation. For example: A person in Mumbai can file a Public Interest Litigation for malnutrition deaths in Orissa. Someone can file a PIL in the Supreme accost for taking action against a redneck factory thats employing child labour. Any person can file a PIL on behalf of a group of affected people. However, it willing depend on the facts of the case, whether it should be allowed or not. The Supreme Court (SC), through its successive judgments has relaxed the strict rule of `locus standi applicable to private litigation.
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  A PIL can be filed when the following conditions are fulfilled: There must be a public injury and public wrong caused by the wrongful act or omission of the state or public authority. It is for the enforcement of underlying human rights of weaker sections of the community who are downtrodden, ignorant and whose fundamental and complete rights have been infringed. It must not be frivolous litigation by persons having vested interests.     Against Whom : A Public Interest Litigation can be filed only against a State j rally Government, Municipal Authorities, and not any private party. However a Private party can be included in the Public Interest Litigation as a answerer, after making the... If you want to get a skillful essay, order it on our website: Orderessay

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