PIL- Jurisdiction
Amarjeet yadav
(Querist) 14 June 2009
This query is : Resolved
hi,can somebody tell whether we can file a PIL into lower court. a NGO can move a pil in the form of Suit of declartion or anything if it found any illegility in goverment departments etc.plz help me
plz describe me in details as my case is this that one builder in collusion with MCD people got a contract sanctioned to build a school and the documents used by that builder are false and he even does not fulfilled the eligibility criteria. now i want to file a civil suit to get that contract illegal and void. so can i move before the civil court on behalf of a NGO who find all this. plz guide me it's urgent
Kiran Kumar
(Expert) 14 June 2009
there is no provision for filing PIL in the civil court.
civil courts are governed by ordinary civil procedure.
make sure u ve locus standi to contest the case.
pls exhaust all the remedies avialable with u on the administrative side, like complaints with authorities, if the system fails to act only then u must proceed with the litigation....all this is for the creation of cause of action.
Amarjeet yadav
(Querist) 15 June 2009
thanx sir, i have already sent a notice to the authorities on behalf of a NGO taking steps in public interest, what should be our next step
Guest
(Expert) 15 June 2009
There is nothing either in conventional law or in unconventional law to file a public interest litigation. The judiciary invented it and stopped to insist about "locus standi" if public interest is involved.
Generally, PIL will be filed in writ jurisdiction as it is an extraordinary remedy and the courts have got elbow room to give relief. There, by way of documentary evidence and without insistence of oral evidence, verdict can be passed. But there is no bar to file a civil suit. If it is not difficult for you, file writ petition which will lie only in the High Court and if it is not possible, go for civil suit.
Guest
(Expert) 15 June 2009
There is nothing either in conventional law or in unconventional law to file a public interest litigation. The judiciary invented it and stopped to insist about "locus standi" if public interest is involved.
Generally, PIL will be filed in writ jurisdiction as it is an extraordinary remedy and the courts have got elbow room to give relief. There, by way of documentary evidence and without insistence of oral evidence, verdict can be passed. But there is no bar to file a civil suit. If it is not difficult for you, file writ petition which will lie only in the High Court and if it is not possible, go for civil suit.
Guest
(Expert) 15 June 2009
There is nothing either in conventional law or in unconventional law to file a public interest litigation. The judiciary invented it and stopped to insist about "locus standi" if public interest is involved.
Generally, PIL will be filed in writ jurisdiction as it is an extraordinary remedy and the courts have got elbow room to give relief. There, by way of documentary evidence and without insistence of oral evidence, verdict can be passed. But there is no bar to file a civil suit. If it is not difficult for you, file writ petition which will lie only in the High Court and if it is not possible, go for civil suit.
Guest
(Expert) 15 June 2009
There is nothing either in conventional law or in unconventional law to file a public interest litigation. The judiciary invented it and stopped to insist about "locus standi" if public interest is involved.
Generally, PIL will be filed in writ jurisdiction as it is an extraordinary remedy and the courts have got elbow room to give relief. There, by way of documentary evidence and without insistence of oral evidence, verdict can be passed. But there is no bar to file a civil suit. If it is not difficult for you, file writ petition which will lie only in the High Court and if it is not possible, go for civil suit.
Amarjeet yadav
(Querist) 16 June 2009
reply people no one is expert of PIL matters.
V.V.RAMDAS
(Expert) 16 June 2009
Dear Amarjeet,
Writ is only option for your problem with limited expenduture and also effective. You can file the writ before the High court of your state. You can also file a civil suit before local Civil Court but it is expensive and it requires lot of evidence. Mr kiran Kumar has nicely given answer to your question and there is no amiguity in it.
V.V.RAMDAS
(Expert) 16 June 2009
Dear Amarjeet,
Writ is only option for your problem with limited expenduture and also effective. You can file the writ before the High court of your state. You can also file a civil suit before local Civil Court but it is expensive and it requires lot of evidence. Mr kiran Kumar has nicely given answer to your question and there is no amiguity in it.
Amarjeet yadav
(Querist) 16 June 2009
thnx can anyone plz send me formats of PIL writ petition
Amarjeet yadav
(Querist) 17 June 2009
hey experts plz help me...........???????
