BORANG LAMA Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2010-5-9
HIGH COURT OF GAUHATI
Decided on May 12,2010

BORANG LAMA Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents


Referred Judgements :-

SACHHIDANAND PANDE VS. STATE OF WEST BENGAL [REFERRED TO]
M. C. MEHTA VS. UNION OF INDIA [REFERRED TO]
MUMBAI KAMGAR SABHA BOMBAY VS. ABDULBHAI FAIZULLABHAI [REFERRED TO]
RAMANA DAYARAM SHETTY VS. INTERNATIONAL AIRPORT AUTHORITY OF INDIA [REFERRED TO]
PEOPLES UNION FOR DEMOCRATIC RIGHTS VS. UNION OF INDIA [REFERRED TO]
BANDHUA MUKTI MORCHA VS. UNION OF INDIA [REFERRED TO]
RAM AND SHYAM COMPANY VS. STATE OF HARYANA [REFERRED TO]
CHATTANYA KUMAR VS. STATE OF KARNATAKA [REFERRED TO]
STATE OF MADHYA PRADESH VS. NANDLAL JAISWAL [REFERRED TO]
KAZI LHENDUP DORJI VS. CENTRAL BUREAU OF INVESTIGATION [REFERRED TO]
G D ZALANI VS. UNION OF INDIA [REFERRED TO]
SHIVSAGAR TIWARI VS. UNION OF INDIA [REFERRED TO]
S P ANAND INDORE VS. H D DEVEGOWDA [REFERRED TO]
SHIV SAGAR TIWARI VS. UNION OF INDIA [REFERRED TO]
M P OIL EXTRACTION K N OIL INDUSTRIES VS. STATE OF MADHYA PRADESH [REFERRED TO]
VINEETNARAIN VS. UNION OF INDIA [REFERRED TO]
M I BUILDERS PVT LIMITED VS. RADHEY SHYAM SAHU [REFERRED TO]
COMMON CAUSE A REGISTERED SOCIETY VS. UNION OF INDIA [REFERRED TO]
NETAI BAG VS. STATE OF WEST BENGAL [REFERRED TO]
SECRETARY MINOR IRRIGATION AND RURAL ENGG SERVICES UP VS. SAHNGOO RAM ARYA [REFERRED TO]
CENTRAL FOR PUBLIC INTEREST LITIGATION VS. UNION OF INDIA [REFERRED TO]
DATTARAJ NATHUJI THAWARE VS. STATE OF MAHARASHTRA [REFERRED TO]
SANJEEV BHATNAGAR VS. UNION OF INDIA [REFERRED TO]
RAJIV RANJAN SINGH ALIAS LALAN VS. UNION OF INDIA [REFERRED TO]
M C MEHTA VS. UNION OF INDIA [REFERRED TO]
NEETU VS. STATE OF PUNJAB [REFERRED TO]
M P STATE COOP BANK LTD VS. NANURAM YADAV [REFERRED TO]
DIVINE RETREAT CENTRE VS. STATE OF KERALA [REFERRED TO]
STATE OF UTTARANCHAL VS. BALWANT SINGH CHAUFAL [REFERRED TO]
STATE OF WEST BENGAL VS. COMMITTEE FOR PROTECTION OF DEMOCRATIC [REFERRED TO]


JUDGEMENT

- (1.)The call of the Petitioners in this Petition is Pro Bono Publico with regard to certain directions against alleged mass scale embezzlement.
(2.)Before we enter into the scuffle regarding the merits of the matter, it would be desirable to note the evolution of Public Interest Litigation in India. The origin and evolution of Public Interest Litigation in India emanated from realization of constitutional obligation by the judiciary towards the vast Sections of the Society/the poor and the marginalized Sections of the Society. This jurisdiction has been created and carved out by judicial creativity and craftsmanship.
(3.)The first of the notable cases relates back to 1976 where in the matter of Mumbai Kamgar Sabha v. Abdul Bhai, 1976 3 SCC 832, it was observed as under in para 7 at page 837 of the report:
procedure prescriptions are handmaid not mistresses of justice and failure of fair play is the spirit and the Courts must view procedural deviances



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