let's file a pil to challenge icai's bullishness and dadagir

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Public Interest Litigation Public interest litigation "Public interest Litigation", in simple words, means, litigation filed in a court of law, for the protection of "Public Interest", such as pollution, Terrorism, Road safety, constructional hazards etc. Public interest litigation is not defined in any statute or in any act. It has been interpreted by judges to consider the intent of public at large. Although, the main and only focus of such litigation is only "Public Interest" there are various areas where a Public Interest Litigation can be filed. For e.g. Violation of basic human rights of the poor        (like in our case) Content or conduct of government policy  Compel municipal authorities to perform a public duty. Violation of religious rights or other basic fundamental rights. ,(Right to freedom and prosperity) When can a public interest litigation be filed? A public interest litigation can be filed only in a case where "Public Interest" at large is effected. Merely because, only one person is effected by state inaction is not a ground for Public interest litigation

 

• Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation.
• Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC INTEREST LITIGATION) on behalf of a group of person, whose rights are effected.
• It is not necessary, that person filing a case should have a direct interest in this PUBLIC INTEREST LITIGATION
  Procedure to File a Public Interest Litigation

  A "Public Interest Litigation", is filed in the same manner, as a writ petition is filed.

   

  In High Court

  If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

  
  In Supreme Court

  If a Public Interest Litigation is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served, the copy only when notice is issued.

   

  Court Fees

  A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50) has to be affixed on the petition.

  Procedure

  • Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the same manner, as other cases.
  • However, in between the proceedings if the judge feels he may appoint a commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.
  • After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.
   

 

• Earlier it was only a person whose interest was directly affected along with others, whereby his fundamental right is affected who used to file such litigation.
• Now, the trend has changed, and, any Public-spirited person can file a case (PUBLIC INTEREST LITIGATION) on behalf of a group of person, whose rights are effected.
• It is not necessary, that person filing a case should have a direct interest in this PUBLIC INTEREST LITIGATION
  Procedure to File a Public Interest Litigation

  A "Public Interest Litigation", is filed in the same manner, as a writ petition is filed.

   

  In High Court

  If a Public Interest Litigation is filed in a High court, then two (2) copies of the petition have to be filed. Also, an advance copy of the petition has to be served on the each respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.

  
  In Supreme Court

  If a Public Interest Litigation is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of petition has to be filed opposite party is served, the copy only when notice is issued.

   

  Court Fees

  A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS. 50) has to be affixed on the petition.

  Procedure

  • Proceedings, in the PUBLIC INTEREST LITIGATION commence and carry on in the same manner, as other cases.
  • However, in between the proceedings if the judge feels he may appoint a commissioner, to inspect allegations like pollution being caused, trees being cut, sewer problems, etc.
  • After filing of replies, by opposite party, and rejoinder by the petitioner, final hearing takes place, and the judge gives his final decision.
   

good man if possible u file a pil we are all with u we have to make a union.

IT WILL BE THE BEST STEP EVER TO SAVE THE STUDENTS.......PLEASE FILE A PIL

Lamo !!  :D

No one support you and you lose interest finally or in the middle(this refers  to a person who want to do the above

but any way this really sucks!!

Dear Jose ,

You are certainly on the right track... I'm also a lawyer and doing CA final after law. I have asked my lawyer friends on this issue and they also think a PIL is maintainable against the inst, as the decision violates the basic fundamental right of carrying on business /profession/employment anywhere in India...

ICAI also falls within the defn of   'state' so PIL is maintainable....Even a person who has no locus standi can also file a PIL for general good of the public... So pursuade any of your friend to file it who is not doin CA but dont directly come forward...

Keep up the good work

Send me a PM for more information or email me for more help....

As for Adula .... May God f # ^ k you my friend

Originally posted by :adula.....
"	Lamo !!  :D No one support you and you lose interest finally or in the middle(this refers  to a person who want to do the above but any way this really sucks!!	"

Hey , mr/miss adula. I am sure you are one of the agents of the ICAI board or the chamcha of Utaam (who in reality is not so uttam) agarwal. may be you are doing articleship under your chacha,chachi, mama, baap, or mom; so you will be never be in need of articleship transfer. But what about majority of others. So, you go to hell and live with brutes and tyrants like icai. As for Rajan Guptaa; i wish i had some lawyer friends; but i have none. The above info was just taken from net. Let's all plan and decide who and where should file PIL. i think Delhi or Bombay would be the best place.