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Diya Arvind   01 March 2022

legal maxim

What is the scope of the maxim "Locus Standi"?


 1 Replies

Aarushi   01 March 2022

The maxim of Locus Standi consists of two words, locus, which means place and standi, which means the right to bring an action, thus the phrase means the right to move to the Court to bring about action. Whenever someone suffers due to any kind of injury, they have the right to move to the Court in order to get a compensation for the injury caused. This is the Doctrine of Locus Standi. It makes sure that the person approaching the Court has a reasonable ground for being in the court. The concept of Locus Standi is mentioned in Order 7 Rule 11 of the Civil Procedure Code (CPC), 1908. A trial will only commence in the court once the Locus Standi has been proved, otherwise, no matter what the merit of the case, it cannot be taken up before the Court. However, in the recent days people who are representing poor and downtrodden people can also approach the Court on behalf of them, this is the concept of Public Interest Litigation (PIL).

M/S BOC India Ltd. V. State of Jharkhand & Ors.

In this case, a writ petition filed by the BOC before the Ranchi high Court was dismissed. The Court held that in this case, it was TISCON who had to pay the taxes and not BOC and thus only the aggrieved party was allowed to challenge the matter.

Jasbhai Motibhai Desai v. Roshan Kumar, Haji Bashir

In this case, the Court held that the appellant had not been directly affected through any of the impugned orders and thus the writ appeal was dismissed on the grounds of the absence of Locus Standi.

Mumbai Kamgar Sabha v. Abdul

In this case, a PIL was discussed for the very 1st time. Although, the Court noted that the appellant, which was a labour association, had no direct relations with the concerned labour, for the inhumane condition of whom the petition was filed, the Court allowed the petition.

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