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Public Interest
The Supreme Court on Tuesday said a prior nod from court was needed to file a lawsuit under the provision dealing with public charities of the Civil Procedure Code as the action was launched on behalf of public beneficiaries and that too in public interest. The top court issued directions on the legal issues and dismissed an appeal filed by a society registered under the Societies Registration Act, 1860, which challenged the maintainability of a suit against it under Section 92 of the Code of Civil Procedure (CPC). Section 92 of the CPC deals with lawsuits relating to public charitable or religious trusts and permits legal action to be taken in cases of alleged breaches of trust, or when the court's direction is needed for the trust's administration. A suit under Section 92 of the CPC is a representative suit of a special nature since the action is instituted on behalf of the public beneficiaries and in public interest. Obtaining a grant of leave' from the court before the suit can
A PIL has been filed in the Delhi High Court, highlighting a shortage of judges and urging for expeditiously filling up the vacancies by elevating eligible district judges and advocates from the bar. The public interest litigation (PIL) matter is likely to come up for hearing next week before a bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela. The Delhi High Court has a sanctioned strength of 60 judges but is working with 36 judges currently. In his plea, petitioner and advocate Amit Sahni has sought an urgent judicial intervention regarding the "alarming and chronic shortage" of judges in the court, which has "adversely impacted the timely dispensation of justice and the functioning of the judiciary". Sahni, a lawyer, has pointed out in his plea that according to the sanctioned strength, the court should have 60 judges -- 45 permanent and 15 additional. "However, it is currently functioning with only 36 judges, reflecting a vacancy rate of 40 per cent. This seri
The Supreme Court on Monday agreed to consider listing for hearing a plea that raised concerns about the safety and longevity of bridges in Bihar after several of them collapsed in recent months. A bench comprising Chief Justice of India (CJI) D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, in July 29 this year, had sought responses from the Bihar government and others, including the National Highway Authorities of India (NHAI), on the public interest litigation (PIL). On Monday, a lawyer representing the petitioner, advocate Brajesh Singh, mentioned the plea for hearing. "I will look into this," the CJI said and asked whether an email regarding this was sent to his office. The PIL sought directions for a structural audit and setting up of an expert panel to identify bridges that can be either strengthened or demolished based on its findings. Besides the state and the NHAI, the top court had also issued notices to the road construction department's additional chief ...
The Centre on Thursday told the Supreme Court that it will be providing some details next week concerning the collegium's recommendations on the appointment of chief justices in several high courts in the country. The submissions to this effect were made by Attorney General R Venkataramani before a bench headed by Chief Justice D Y Chandrachud while seeking an adjournment of the hearing on a PIL which is listed for hearing on Friday. "I will be providing some details about the collegium's recommendations. Please list the plea (which is listed on Friday) after a week," the top law officer told the bench which also comprised justices J B Pardiwala and Manoj Misra. The bench said the submissions for the adjournment can be made on Friday itself as the matter is already on board. Meanwhile, the CJI told the top law officer that the Jharkhand government has filed a contempt petition against the Centre for not appointing the Chief Justice in the high court in the state. The Hemant Soren
Sebi on Thursday came out with proposals connected with the process adopted by the markets regulator for the appointment of public interest directors (PIDs) on stock exchanges, clearing corporations and depositories, in a move aimed at improving shareholders' participation in the process. For improving ease of doing business for PIDs, the proposals include easing documentation requirements when being considered for PID appointment, allowing payment of fixed stipend to them in addition to sitting fees, and reducing cooling off period for their appointment. "The role of PIDs is vital in enhancing corporate integrity and governance standards in any market infrastructure institutions (MIIs). PIDs, especially, play a vital role in balancing the interests of MII's management, its shareholders and more importantly ensuring the safety, efficiency and integrity for the market participants using the infrastructure of these MIIs. "PIDs ensure that in pursuance of their business objectives, MII
A public interest litigation (PIL) has been filed in the Bombay High Court challenging the Maharashtra government's move to grant Kunbi caste certificates to the Maratha community members in the state. The PIL, filed on Tuesday by one Mangesh Sasane, who claims to be the chairman of the 'OBC Welfare Foundation', said the state government by granting Kunbi certificates to the Maratha community was "eating into" the reservation of the Other Backward Classes (OBCs). The petition is likely to come up for hearing on February 6, as per the HC's website. The plea challenges five government resolutions issued from 2004 permitting the Marathas to seek Kunbi caste certificates. "Earlier, the process of granting Kunbi certificates to Marathas was difficult but with every agitation, the process was made easier. This was just to facilitate the Marathas (for reservation)," the petitioner's advocate Ashish Mishra claimed. The petition said that in 2021, the Supreme Court declared the Maharashtra
The Bombay High Court on Monday sought the Maharashtra government's reply on a public interest litigation (PIL) filed by BJP leader Subramanian Swamy challenging the Pandharpur Temples Act. In the petition filed in February this year, Swamy claimed the Maharashtra government had taken over the administration of the Pandharpur town's temples in an arbitrary manner. A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor on Monday directed the government to file its affidavit and posted the matter for hearing on September 13. As per the plea, the state government through the Pandharpur Temples Act, 1973, had abolished all hereditary rights and privileges of ministrants and priestly classes for the governance and administration of the temples of Lord Vitthal and Rukmini in Pandharpur in the state's Solapur district. The law enabled the state government to control its administration and management of funds, the plea said. On Monday, another person Bheemach
The Allahabad High Court on Tuesday dismissed as withdrawn a PIL seeking a direction to the Uttar Pradesh government to seal the entire Gyanvapi premises without affecting the ASI survey order of the Varanasi court. The court dismissed the petition as withdrawn when petitioner counsel made a prayer to approach the appropriate forum as per law and file an application for the reliefs claimed in the PIL A bench comprising Chief Justice Pritinker Diwakar and Justice Ashutosh Srivastava passed the order. The PIL was filed on Wednesday last before the the court seeking directions to the state government and district administration to seal the entire Gyanvapi mosque without affecting the ASI survey. The petition was filed by Jitender Singh Visen, Rakhi Singh and others.