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1 - 6 of 6 (0.73 seconds)D.N. Jeevaraj vs Chief Sec., Govt. Of Karnataka & Ors on 27 November, 2015
The Hon'ble Supreme Court in D. N. Jeevaraj Vs.
Chief Secretary, Government of Karnataka & Ors, (2016) 2
SCC 653, paragraphs 34 to 38 observed as under:-
Rural Litigation & Entitlement Kendra vs State Of U.P on 30 August, 1988
35. However, we note that generally speaking,
procedural technicalities ought to take a back seat in
public interest litigation. This Court held in Rural
Litigation and Entitlement Kendra v. State of U.P. [Rural
Litigation and Entitlement Kendra v. State of U.P., 1989
Supp (1) SCC 504] to this effect as follows: (SCC p. 515,
para 16)
"16. The writ petitions before us are not inter
parties disputes and have been raised by way of public
interest litigation and the controversy before the court
Patna High Court CWJC No.11981 of 2019 dt.25-11-2022
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is as to whether for social safety and for creating a
hazardless environment for the people to live in,
mining in the area should be permitted or stopped. We
may not be taken to have said that for public interest
litigations, procedural laws do not apply. At the same
time it has to be remembered that every technicality in
the procedural law is not available as a defence when a
matter of grave public importance is for consideration
before the court."
R & M Trust vs Koramangala Resi. Vigilance Group & Ors on 19 January, 2005
36. A considerable amount has been said
about public interest litigation in R&M Trust [R&M
Trust v. Koramangala Residents Vigilance Group,
(2005) 3 SCC 91] and it is not necessary for us to
dwell any further on this except to say that in issues
pertaining to good governance, the courts ought to be
somewhat more liberal in entertaining public interest
litigation. However, in matters that may not be of
moment or a litigation essentially directed against one
organisation or individual (such as the present
litigation which was directed only against Sadananda
Gowda and later Jeevaraj was impleaded) ought not to
be entertained or should be rarely entertained. Other
remedies are also available to public spirited litigants
and they should be encouraged to avail of such
remedies.
Union Of India And Anr vs S.B. Vohra And Ors on 5 January, 2004
In such cases, that might not strictly fall
in the category of public interest litigation and for
which other remedies are available, insofar as the
issuance of a writ of mandamus is concerned, this
Court held in Union of India v. S.B. Vohra [Union of
India v. S.B. Vohra, (2004) 2 SCC 150: 2004 SCC
(L&S) 363] that: (SCC p. 160, paras 12-13)
"12. Mandamus literally means a command.
The essence of mandamus in England was that it
was a royal command issued by the King's Bench
(now Queen's Bench) directing performance of a
public legal duty.
The Companies Act, 2013
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