“The act of the Ld. Attorney General appearing for a private party on an issue against prohibition (Article 47) , the policy of the State Government, a constitutional provision, that also an issue connected with the interpretation of Fundamental Rights , mainly Articles 14,19, 21 resulted in conflict of interest for the Ld. Attorney General who is the face of the Government before this Hon’ble court ,who is holding a superior position resulting in violation of Article 14 of the constitution of India for the petitioner”, said the petition. … [Read more...] about AG can appear for private parties so long as there is no Conflict of Interest: Supreme Court
A group of neighborhood property owners appealed, contending that the court house failed to meet the definition of a preexisting nonconforming structure. On appeal, the Massachusetts Land Court agreed with the Cambridge Planning Board’s issuance of the special permit and the plaintiffs further appealed to the Appeals Court. … [Read more...] about Zoning-Immune Government Building Retains Its Protected Status Upon Transfer to Private Party
Many areas in the vicinity of Michigan lakes are heavily developed, with under-sized lots and former cottages now serving as year-round homes. Also, because many of our lakes are in rural areas, there is no public sewer infrastructure. Based on a new decision from the Michigan Supreme Court, more property owners may soon be faced with public sewer projects. … [Read more...] about Is a Michigan municipality strictly liable for illegal discharges into public waters by private parties?
Addressing for the first time the issue of whether an inter partes review (IPR) may proceed where one of the co-owners was entitled to sovereign immunity under the 11th Amendment, the Patent Trial and Appeal Board (PTAB) held that the proceeding could continue against the co-owner not entitled to sovereign immunity, even in the absence of the other co-owner. Reactive Surfaces Ltd., LLP v. Toyota Motor Corp., Case No. IPR2017-00572, Paper 32 (PTAB, July 13, 2017) (Moore, APJ). … [Read more...] about Sovereign Immunity Cannot Protect Patent Co-Owned by Private Party: Reactive Surfaces Case
The term ‘locus standi’ is a latin term, the general meaning of which is ‘place of standing’. The Concise Oxford English Dictionary, 10th Edn., at page 834, defines the term ‘locus standi’ as the right or capacity to bring an action or to appear in a court. The traditional view of ‘locus standi’ has been that the person who is aggrieved or affected has the standing before the court, i.e., to say he only has a right to move the court for seeking justice. Later, this Court, with justice oriented approach, relaxed the strict rule with regard to ‘locus standi’, allowing any person from the society not related to the cause of action to approach the court seeking justice for those who could not approach themselves. Now turning our attention towards the criminal trial, which is conducted, largely, by following the procedure laid down in the CrPC. Since, offence is considered to be a wrong committed against the society, the … [Read more...] about Can a Private Party has the locus to file an appeal before Supreme Court invoking Article 136 of the Constitution of India?