AI Overview...
-
Person Aggrieved - The term generally refers to an individual whose rights, interests, or legal position are directly affected by an order or decision, and who thus has standing to challenge or appeal it. Several sources clarify that a person aggrieved must have a personal stake or interest in the matter to invoke rights such as review or appeal. For instance, Union of India and Ors. VS Maqsood Ahmed - Bombay discusses that review power can be exercised suo motu or on application of a person aggrieved, emphasizing the importance of the individual's interest. Similarly, Tarachand Majhi VS Lalit Padhan - Orissa affirms that the right of appeal is available to an aggrieved person against judgments of courts, and Ashok Pareek VS State of Rajasthan - Rajasthan notes that only a person who is directly affected can challenge a co-operative election dispute.
-
Interpretation in Legal Context - Courts have interpreted person aggrieved broadly or narrowly depending on the context. In Yogesh Kumar VS State Of Haryana And Others - Punjab and Haryana, the court held that the term includes individuals who have a direct interest, influencing the decision's outcome. In PREM SHANKAR MISHRA VS STATE OF UTTAR PRADESH - Allahabad, it was held that a retired person or social worker claiming to be aggrieved must demonstrate a direct personal interest to establish standing. Conversely, in RAJ BALA VS STATE OF U. P. - Allahabad, the court clarified that not all parties involved in a matter are necessarily persons aggrieved, especially if their rights are not directly affected.
-
Specific Applications - The concept is applied in various statutes and cases, such as the Urban Rent Control Act NAND KISHORE VS MOHD. IDRISH - Himachal Pradesh, where a landlord who succeeds in eviction cannot be deemed a person aggrieved if the order favors him, and in the Zamindari Abolition Act RAJ BALA VS STATE OF U. P. - Allahabad, where only those directly affected by land allotment cancellations are considered aggrieved.
-
Summary - The main insight is that person aggrieved is a legal term denoting someone with a direct, personal interest in an order or decision, conferring standing to appeal or seek review. Courts interpret this term contextually, emphasizing actual injury or interest rather than mere association or indirect involvement.
References: - Union of India and Ors. VS Maqsood Ahmed - Bombay - Tarachand Majhi VS Lalit Padhan - Orissa - Ashok Pareek VS State of Rajasthan - Rajasthan - Yogesh Kumar VS State Of Haryana And Others - Punjab and Haryana - PREM SHANKAR MISHRA VS STATE OF UTTAR PRADESH - Allahabad - RAJ BALA VS STATE OF U. P. - Allahabad - NAND KISHORE VS MOHD. IDRISH - Himachal Pradesh
Search Results for "Person Aggrieved 5"
1962 0 Supreme(Bom) 10 • India - Bombay
D.V.PATEL
The review power could be exercised either suo motu or on an application of a person aggrieved by the order. 5. ... The review power could be exercised either suo motu or on an application of a person aggrieved by the order. 5. ... Whether the review power could be exercised only suo motu or also on an application of a person aggrieved by the order. 5. ... It is argued thai the person, who is entitled to make an ap....
2018 0 Supreme(P&H) 4669 • India - Punjab and Haryana
AVNEESH JHINGAN
Appeal - Panchayati Raj Act - Interpretation of 'aggrieved person' - The court held that the term 'aggrieved person' in Section ... Ratio Decidendi: The court's decision was influenced by the interpretation of the term 'aggrieved person' in Section 51(5) ... Issues: The issues revolved around the interpretation of the term 'aggrieved person' in Section 51(5) of the Haryana Panchayati ... The Full Bench held that ....
1949 0 Supreme(Nagpur) 111 • India - Nagpur
BOSE, MANGALMOORTI
The Court also determined that Saran, as a contributory, was a 'person aggrieved' under Section 183(5) and had the right to contest ... (i), along with Rules 338A and 102, to establish Saran's right of appeal and 'person aggrieved' status. ... Right of Appeal - Person Aggrieved - Act or Decision of Liquidator - Court's Interpretation of Legal Provisions Fact of the ... We quote from Halsbury's Laws of England (Hailsham Edn.), Vol. 5, p. 736, para. 12....
2010 0 Supreme(Ori) 266 • India - Orissa
V.GOPALA GOWDA, B.P.DAS
person. ... order of the learned Single Judge - Against the judgment and order of the learned Single Judge right of appeal is available to the aggrieved ... (Para - 5) ... 2. ... Rai, referred to supra, upon which reliance is placed by the Full Bench and the Division Bench and rightly held that against the judgment and order of the learned Single Judge right of appeal is available to the aggrieved person. ... ... 5. ... under Clause 10 of the Letters Patent read with Orissa High Cour....
2004 0 Supreme(P&H) 1212 • India - Punjab and Haryana
BINOD KUMAR ROY, G.S.SINGHVI, V.K.BALI
The broader interpretation of the expression 'any person aggrieved' was adopted. ... the complainant (respondent No. 5). ... The court over-ruled the preliminary objection that the appeal by respondent No. 5 was not maintainable. ... Shri Gumber submitted that respondent No. 5, who was merely a complainant, does not fall within the ambit of the expression "person aggrieved" used in Section 51(5) of the Act. ... ... (5) Any #HL_STAR....
2002 0 Supreme(HP) 323 • India - Himachal Pradesh
R.L.KHURANA
URBAN RENT CONTROL ACT, 1987 - Sections 24(1)(b) and 24(5) - Person aggrieved - Held, that in the present case orders passed against ... the tenant was and in favour of the landlord, therefore, he cannot be said to be a person aggrieved under sections ibid - Appeal ... It was further held that a landlord who had succeeded in securing an order of eviction on one of the several grounds urged by him cannot be said to be a person aggrieved by such order. The per....
2018 0 Supreme(Raj) 593 • India - Rajasthan
ASHOK KUMAR GAUR
aggrieved (respondents No.4 to 5) is to raise co-operative election dispute under the provisions of Section 64(2) (v) of the Act ... aggrieved (respondents No.4 to 5) is to raise co-operative election dispute under the provisions of Section 64(2) (v) of the Act ... rejected by the Returning Officer and that power cannot be pressed into under Section 50-B(10) of the Act of 1960 – Remedy of the person ... The only remedy of the person aggrieved is to challenge the elect....
2001 4 Supreme 36 • India - Supreme Court
RUMA PAL, B.N.KIRPAL, M.B.SHAH
-Also termed party aggrieved; person aggrieved." ... (i) Smugglers and Foreign Exchange Manipulations (Forfeiture of Property) Act, 1976 (= SAFEMA)-Section 12(4)-Appeal by "person aggrieved ... Therefore, a relative or associate, who has no interest or right in such property can not be held to be a person aggrieved. ... According to Black s Law Dictionary, "aggrieved party" refers to a party whose personal, pecuniary or property rights have been adve....
2008 0 Supreme(All) 1044 • India - Allahabad
SABHAJEET YADAV
emoluments—Held, petitioner has no locus standi to file P.I.L. and he was not an “aggrieved” person. ... retired from service—Contention of petitioner was that he was a social worker, and has locus standi to file P.I.L. and was an “aggrieved ... ” person—And that respondent-6 has obtained that appointment on false and fabricated documents, hence, she should not be paid any ... Where a right of appeal to Courts against an administrative or judicial decision is created by statute, the right is invariably confined to a #HL_....
2011 0 Supreme(All) 1771 • India - Allahabad
S.P.MEHROTRA
Zamindari Abolition and Land Reforms Act, 1950— Section 198 (4)—Allotment—Land—Cancellation of—Person aggrieved—Who is—Respondent ... applicants aforesaid are not “person aggrieved”—Under Section 198(4) Collector may take cognizance of the matter relating to allotment ... No. 5 and two others sought cancellation of allotment of land made in favour of petitioner—District Magistrate was of the view that ... The Collector/District Magistrate, Jyotiba Phule Nagar, by the order darted 18.4.2011 (Annexure 2 t....
Filter by Legal Phrase
