AI Overview...
- Section 91 of CPC - Main Points and Insights
- Section 91 of the Civil Procedure Code (CPC) pertains to the requirement for certain suits, especially those involving public interest or rights, to be filed with specific procedural safeguards. Notably, it mandates that suits filed by private individuals (excluding the Advocate General) must be initiated by two or more persons with the court's leave, emphasizing the importance of collective standing in public interest litigation Bell Sports, Inc. VS Registrar Of Trademarks - Delhi, Qamar Hasnain VS Syed Waseem Rizvi - Delhi.
- Section 91(1) aims to widen the locus standi for filing suits in cases involving wrongful acts, environmental pollution, illegal constructions, or other public wrongs, facilitating broader access to justice in matters affecting public interest Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay.
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The section also interacts with other provisions like Order I, Rule 8, and Sections 9 and 164 of various Acts, indicating its role in defining the maintainability and procedural aspects of suits concerning public rights or illegal acts Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay, SHETKARI SAHAKARI SAKHAR KARKHANA LIMITED, Sangli VS NARHARI BALKRISHNA TULPULE - Bombay.
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Legal Interpretation and Application
- Courts have recognized that Section 91 serves as a safeguard to ensure that suits related to public interest are properly instituted, often requiring multiple petitioners and court approval to prevent frivolous or vexatious litigation Qamar Hasnain VS Syed Waseem Rizvi - Delhi.
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In cases involving illegal acts, such as unauthorized constructions or illegal acts by public servants, Section 91's provisions ensure that the suits are filed by multiple persons or the Advocate General to uphold the public interest Fayzan Khan vs Superintendent of Land Records, Mumbai Suburban District - Bombay, Qamar Hasnain vs Syed Waseem Rizvi - Delhi.
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Protection of Public Officials and Illegal Acts
- Sections 197 and 341 of the Criminal Procedure Code (CrPC) are also relevant, providing protection to public servants against malicious prosecution when their acts are connected to official duties. These sections aim to prevent misuse of legal processes against responsible officials performing their duties State of Orissa Through Kumar Raghvendra Singh VS Ganesh Chandra Jew - Crimes, State Of Orissa Through Kumar Raghvendra Singhs VS Ganesh Chandra Jew - Supreme Court, State of Orissa VS Ganesh Chandra Jew - Orissa.
- The overarching principle is that illegal acts or misconduct by officials or citizens can be challenged under these provisions, but with safeguards to prevent abuse, emphasizing the importance of public interest and responsible conduct State of Orissa Through Kumar Raghvendra Singh VS Ganesh Chandra Jew - Crimes, State of Orissa VS Ganesh Chandra Jew - Orissa.
Analysis and Conclusion
Section 91 of CPC is a crucial procedural provision designed to facilitate public interest litigation by requiring suits to be filed by multiple persons or the Advocate General, thereby ensuring collective standing and preventing frivolous cases. It plays a significant role in cases involving illegal acts, environmental issues, or public rights, often in conjunction with other legal provisions like Sections 9 and 164 of various Acts, and protections under Sections 197 and 341 of the CrPC. Courts have emphasized its importance in maintaining the balance between safeguarding public interests and preventing misuse of legal processes.
Search Results for "Section 91 of C P C Illegal Acts"
2022 0 Supreme(Del) 1806 • India - Delhi
JYOTI SINGH
Trade Marks Act - Appeal against cancellation of Opposition - Section 91 of the Trade Marks Act, 1999 - Summary of Acts and Sections ... : Trade Marks Act, 1999, Section 91 - The court found merit in the contentions of the Appellant and remanded the matter back to the ... The Appellant contended that the cancellation was arbitrary and illegal, and the Respondent failed to inform them in a timely manner ... . - Present appeal has been preferred under Section#....
2023 Supreme(Online)(Bom) 2458 • India - High Court of Bombay
N. J. Jamadar, J
, 24) ... ... (B) Locus Standi - Judicial perspective in public interest cases - The Court emphasized that Section ... 91(1) intends to widen the locus standi for filing suits in public interest, providing ample avenues for addressing wrongful acts ... Cases of environmental pollution or illegal and unauthorized construction in breach of the Development Control Rules are the examples of matters in which the provisions contained in Section 91 (1)(b) of the Act can have practical appl....
2023 Supreme(Online)(Bom) 2459 • India - High Court of Bombay
N. J. JAMADAR, J
Section 91 CPC .
1978 0 Supreme(Bom) 116 • India - Bombay
G.N.VAIDYA
The respondent filed a suit in the civil court claiming various reliefs, including a declaration that the termination was illegal ... 91 AND 164 OF THE MAHARASHTRA CO-OPERATIVE SOCIETIES ACT, 1960 - NOTICE UNDER SECTION 164 - FAILURE TO SERVE NOTICE - BAR OF JURISDICTION ... Ramchandra, which held that section 70 of the Bombay Co-operative Societies Act, 1925 (which was identical in wording with section ... In that case, in view of the special provisions contained, in. these Acts, the ....
2024 Supreme(Online)(DEL) 31502 • India - High Court of Delhi
MS. JUSTICE TARA VITASTA GANJ, J
suit for injunction and damages regarding unauthorized temple on government land - Appellant claimed right to worship and alleged illegal ... (A) Delhi Development Act, 1957 - Section 53B - Code of Civil Procedure, 1908 - Order XII Rule 6 - Specific Relief Act, 1963 - Section ... 91 of CPC. ... Del 622 to submit that an independent right to sue is protected by Section 91(2) of CPC and, thus the suit would not be barred by Section 91. ... Sub- #HL_ST....
• India - Delhi High Court
SANJEEV NARULA
(A) Code of Civil Procedure, 1908 - Section 9 and Section 91 - Maintainability of suit - Plaintiff sought injunction and damages ... Indeed, the Plaintiff has not invoked Order I, Rule 8 or Section 91 of the CPC, and thus, the present suit does not fall within the purview of the afore-noted provisions. ... For such suits, amongst other requirements as provided under Section 91 of CPC, a suit if not filed by the Advocate General, has to be filed by two or more pers....
2021 0 Supreme(Del) 1344 • India - Delhi
SANJEEV NARULA
For such suits, amongst other requirements as provided under Section 91 of CPC, a suit if not filed by the Advocate General, has to be filed by two or more persons with the leave of the Court. ... Khan a question as to whether the scope of the present suit lies within Section 91 or Order I, Rule 8 of CPC. Dr. Khan responded by affirming that the present suit was not filed under either of the provisions. ... Indeed, the Plaintiff has not invoked Order I, Rule 8 or Section 91 of the CPC,....
2004 2 Supreme 757 • India - Crimes
DORAISWAMY RAJU, ARIJIT PASAYAT
(i) Criminal Procedure Code, 1973 —Section 197—Provision is to protect responsible public servant against institution of possibly ... (Paras 8, 12 and 17) ... (ii) Criminal Procedure Code, 1973 —Section ... public servant was reasonably connected with discharge of his official duty and was not merely a cloak for doing objectionable act—Section ... A citizen’s liberties were seriously trampled by these officials who committed series of illegal acts. ... acts, and that they seriously ass....
2004 2 Supreme 757 • India - Supreme Court
DORAISWAMY RAJU, ARIJIT PASAYAT
(i) Criminal Procedure Code, 1973 -Section 197-Provision is to protect responsible public ... and 17) ... (ii) Criminal Procedure Code, 1973 -Section ... public servant was reasonably connected with discharge of his official duty and was not merely a cloak for doing objectionable act-Section ... A citizen s liberties were seriously trampled by these officials who committed series of illegal acts. ... acts, and that they seriously assaulted him thereby committing offences punishable und....
2004 0 Supreme(Ori) 126 • India - Orissa
DORAISWAMY RAJU, ARIJIT PASAYAT
A citizen’s liberties were seriously trampled by these officials who committed series of illegal acts. ... acts, and that they seriously assaulted him thereby com¬mitting offences punishable under Sections 341, 323, 325, 506 and 386 read with Section 34 of the Indian Penal Code, 1860 (in short “the IPC”). ... The ultimate justification for the protection conferred by Section 197 is the public interest in seeing that official acts do not lead to needless or vexatious p....
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