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Locus Standi

HMA – COI Art. 142 – Transfer Petition – Irretrievable breakdown of marriage – Mutual consent divorce granted. [2023 SCeJ 0234]

Punjab Land Revenue Act, 1887,   Section 28 – Lambardar – Appointment of – Age – Is a relevant factor . [PLRonline 119102]

Execution – Limitation – Filed after 12 years..  [PLRonline 114800]

Companies Act, S. 250 – Striking off – Even after dissolution of the company in view of striking off its name from the register, its existence remains only for the purpose of realising the amount due to the company or for the payment or discharge of the liabilities or obligations of  the company. [2023 PLRonline 0101 (NCLAT)]

NIA S. 138 – Conviction – courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount keeping in view the cheque amount and the simple interest thereon at nine per cent per annum [2014 PLRonline 0208 (SC)]

Criminal Trial –  Circumstantial evidence –  Chain of evidence must be so complete as to not leave any reasonable grounds for a conclusion consistent with the innocence of the accused; the accused ‘must be’ and not merely ‘may be’ guilty, before the Court can convict.  [2023 SCeJ 0226 = 2023 PLRonline 437602 (SC)]

IPC – Grevious hurt – The injuries were not intended to cause death but were sufficient to cause grievous injury. It was not a premeditated act – The scissors used by the appellant were little scissors used by tailors. [2023 PLRonline 0100]

Inference – Adverse inference

CPC S. 24 – Cardinal principle for exercise of power under S. 24 is that the ends of justice should demand the transfer. (2022-4)208 PLR 512 (SC), 2023 SCeJ 0223

IPC S. 149  – When five persons were specifically named in the FIR and five persons are facing the trial may be separately, Section 149 IPC would be attracted – FIR- Delay of 3 ½ days – Properly explained. [2023 SupremeCourtOnline 0009]

Chennai City Police Act, 1888 – Police Act, 1861 [2023 PLRonline 9003]

DNA – Evidentiary value of blood tests for determining paternity

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Execution – Admitted that as of now, there is no declaration in his favour, as regards any right, title or interest in any part of the suit property. Mere pendency of a regular second appeal does not entitle to become a party in the execution petition which has arisen from an order of to of eviction.

Locus Standi - Rule in regard to locus standi thus postulates a right-duty pattern which is commonly to be found in private law litigation - But, narrow and rigid though this rule may be, there are a few exceptions to it which have been evolved by the Courts over the years.

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Locus Standi

by PLRonline
in Civil and Criminal Cases
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The word ‘locus’ and the phrase ‘locus standi’ have been defined as follows in the Black’s Law Dictionary, Revised 4th Edition, 1968:-

 Locus. Lat. a place; a place where a thing is done.

 Locus standi. A place of standing; standing in Court. A right to appear in a Court of justice, or before a legislative body, on a given question.

 The plain meaning of the phrase is the entitlement of a person to appear before a Court of law. In earlier times, most of the litigation was between private parties. To deny a busybody or an inter loper, the right to approach a Court without any harm having been caused to him, this concept was developed. Only a person whose legal right had been violated or was likely to be violated was permitted to do so. This also curtailed unnecessary litigation.

Exceptions to the aforementioned rule have been created. A person who has substantial interest in the subject matter can also approach the Court. Even a person entitled to participate in decision making process which has resulted in a decision challenged before the Court has been held to possess locus standi. Persons having statutory rights also possess locus standi. The rule has further been diluted so as to permit judicial redress for persons unable to approach the Court on account of some disability or being under a social or economic dis-advantage. In cases of public interest also, where, public injury is caused on account of failure to carry out constitutional or statutory obligations strict application of the rule is not enforced, provided the person approaching the Court does not have any ulterior motive in doing so.

Tags: Locus Standi
Tags: Locus Standi

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