AI Overview...
- Legal Procedures for Non Members Filing Lawsuits under Section 91
- Section 91 of the Civil Procedure Code (CPC) allows non-members or third parties to initiate legal proceedings to access or inspect documents or records held by public or private entities, provided they have a sufficient interest.
- The procedure involves filing an application under Section 91 with the court, demonstrating a legitimate interest in the document or record. The court examines whether the applicant's interest justifies the issuance of a direction to produce the record.
- Courts have affirmed their jurisdiction to entertain such applications even when the applicant is not a party to the original dispute, emphasizing that Section 91 enables third-party access to documents for ensuring justice and transparency.
- Relevant case law indicates that non-members can file suits or applications under Section 91 without being part of the original contractual or corporate relationship, provided they meet the criteria of interest and relevance.
- The procedural aspect requires adherence to formalities such as submitting affidavits verifying pleadings and establishing the necessity of the documents for the case at hand.
- Importantly, courts have clarified that the applicability of procedural bars like Section 430 of the Companies Act does not preclude civil suits filed by non-members under Section 91, especially when the purpose is to adjudicate rights related to shares or documents.
- References: Morgan Securities And Credits Pvt. Ltd. VS Bpl Limited - Delhi, Reshma Poswal VS Namrata Dwivedi - Himachal Pradesh, AARSHIYA GULATI (MINOR) THR. NEXT FRIEND VS KULDEEP SINGH GULATI - Delhi
Analysis and Conclusion:
Non-members or third parties can file lawsuits or applications under Section 91 of the CPC to access records or documents, even if they are not parties to the original dispute. The courts recognize their jurisdiction to entertain such applications, provided the applicant demonstrates a legitimate interest. Proper procedural compliance, including affidavits and relevance of the documents, is essential. The legal framework facilitates transparency and justice by allowing third-party access, and procedural bars like Section 430 of the Companies Act do not inherently prevent such suits.
Search Results for "Legal Procedures for Non Members Filing Lawsuits under Section 91"
2023 0 Supreme(Del) 1922 • India - Delhi
MINI PUSHKARNA
shareholding of defendant No.1 in defendant No.2 from 51% to 15.88% - Defendants’ actions resulted in contempt proceedings and subsequent lawsuits ... to adjudicate rights related to shares and denies applicability of Section 430 barring civil suits. ... (Paras 44-55, 81-89) ... ... (C) Companies Act, 2013 - Section 59 and 430 - Court affirms jurisdiction ... It is also the case of the plaintiff that non-filing of affidavits verifying pleadings in terms of Order VI Rule 15 CPC, non-#....
2023 0 Supreme(Guj) 1322 • India - Gujarat
N. V. ANJARIA, J. C. DOSHI
(A) Code of Civil Procedure, 1908 - Section 96(3) - Order XXIII Rule 3 - Appeal against consent decree - Applicants sought leave ... procedure and remedy. ... ... ... Ratio Decidendi: The court reiterated that an appeal cannot lie from a consent decree under Section 96(3) of CPC; the appropriate ... When Section 96(3) bars an appeal against decree passed with the consent of parties, it implies that such decree is valid and binding on the parties unless set aside by the procedure prescribed or availabl....
2022 0 Supreme(HP) 866 • India - Himachal Pradesh
TARLOK SINGH CHAUHAN
4, 6, 8 and 19 - Limitation Act, 1963 - Article 59 - Evidence Act, 1872 - Sections 91 and 92 - Registration Act,1908 - Section 47 ... manner and not in literal manner, there is no reason why plaint would not have been rejected - According to parties to dispute no legal ... they have to mandatorily state in pleadings in order to resolve dispute between parties in accordance with law - A party can be non-suited ... It was also further averred that the suit is not maintainable in view of Sections....
2017 0 Supreme(Del) 823 • India - Delhi
BADAR DURREZ AHMED, SANJEEV SACHDEVA
Patents Act - Infringement - Section 48, Section 83 Fact of the Case: The case involved a dispute over the infringement ... Ratio Decidendi: The court held that the rights of patentees under Section 48 were not circumscribed by Section 83, and the ... The court held that the rights of the patentees under Section 48 were not circumscribed by Section 83, and the public interest argument ... We agree that the TRIPS Agreement does not and should not prevent members from....
2015 0 Supreme(All) 19 • India - Allahabad
DEVI PRASAD SINGH, A.P.SAHI, AJAI LAMBA
(F) Apprehensive writ petition—Co-ordinate Bench—Scope of—Jurisdiction of—Filing ... the draft judgment had not acquired the character of a final judgment—Impugned order in question though not signed by the Junior Member ... [Paras 207 to 213] ... (I) Procedure—Release of detenues from Protection ... The Federal Administrative Procedure Act, 1946 prescribes the basic procedural principles which are to govern formal administrative procedures and contained an express provision (Section 8....
2022 Supreme(Online)(Bom) 2342 • India - High Court of Bombay
R.I. Chagla, J
Section 150 (2) of the Maharashtra Land Revenue Code, 1966 by the City Survey Officer. ... 4 Sometime in December 2013, Defendant No.3 called the Plaintiffs and his family members to his office at Gurgaon for the purpose of executing conveyance deeds.
2023 0 Supreme(Del) 5085 • India - Delhi
CHANDRA DHARI SINGH
(A) Arbitration and Conciliation Act, 1996 - Sections 34(1), 34(2), 33(1), and 33(4) - Setting aside of arbitral award - Grounds ... (Paras 1, 40-60, 94-96) ... ... (B) Grounds for arbitrary interpretation - Legal ... Agreement - Construction timelines and obligations disputed; court's analysis indicates valid termination by Respondent due to non-performance ... The limited requirements under Section 31 are reproduced hereunder: "Form and contents of arbitral award.- (1) An arbitral award shall be made in writing and s....
2022 0 Supreme(All) 1519 • India - Allahabad
MANJU RANI CHAUHAN
Board consisting of medical experts under Rule 15(g) cannot be said to be inferior to physical standard test conducted by a team of non-experts ... It is on this principle that the rule of res judicata enacted in Section 11, Civil P.C. is based. ... That section is, no doubt in terms in application to the present matter, but the principle underlying it, expressed in the maxim ''interest rei publicae ut sit finis litium'', is founded on sound public policy and is of universal application. (Vide Broom's Legal Maxims, Tenth....
2020 0 Supreme(HP) 809 • India - Himachal Pradesh
ANOOP CHITKARA
Allegations of conniving with a lady for opening a fictitious bank account and selling a fake marksheet - Indian Penal Code, 1860, Sections ... The police registered an FIR under various sections of the Indian Penal Code based on the complaint of the Registrar of Arni University ... Under the Code, there is provision for offering Cash surety (See Section 445 Cr.P.C.). Even in fixing the cash surety, the amount should not be excessive. (See Section 440(1) Cr.P.C.). In the first instance, Court cannot dem....
2019 0 Supreme(Del) 379 • India - Delhi
MANMOHAN
Civil Procedure Code, 1908 - Order 7 Rule 11 - Hindu Succession Act, 1956 - Section 14(1) - Partition - ... It is an admitted position that the Public as well as the Private Limited Companies, Partnership Firms and Family Members of the defendant No.1 had been filing independent Income Tax Returns. Therefore, the said HUF Bank account is wholly irrelevant. ... As stated above, non-movement of goods by the seller could be due to a variety of tenable or untenable reasons, the seller may be in breach of the contract but tha....
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