When An Activist-Citizen Can Say That Government body passed some order with "Malice and ill will’ against him?"

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The Government and semi-government bodies are in number of thousands or lakhs.

Often they pass wrong order against some Activist-citizens, with some kind of Malice, ill will or for some kind of revenge.

In law, the words for such action is “Legal Malice”

When any Govt. or Semi Govt body passes any order “without a legal excuse or power to do so, in complete disregard to right of others” it can be said that order is passed with Legal Malice and Courts can set aside such order.

Detailed Law and further analysis in this regard can be found in Case of Kalabharti Advertising reported in 2010(9) Scale page 60 on page 69 para 25

Haresh Raichura
26/6/2012

SC: Fine imposed on litigants to be deposited in a Special Fund. Is this not indirect taxing by Courts?

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When parties are delaying cases by not taking up necessary steps, courts often impose fines. When some PIL is filed without any seriousness, just to seek publicity or to harass someone or to benefit someone, the courts may impose fine on parties. Sometimes fine from Rs.1000, may go up to Rs.1 lakh

If a party do not pay fine or if he is poor, the consequences may follow which may include imprisonment or recovery as land revenue dues.

In 2010 (8) Scale 450, Supreme Court observed in para 5 about setting up a Special Purpose Vehicle. (Fund) in which such fine amount will be deposited.

The amount gathered will be utilized for Judicial Infrastructure.
My own knowledge is very limited about legal powers of courts to impose fine and use fine for judicial purposes. To my mind this amounts taxing by courts. But anyway, my view can be wrong as I have not examined earlier decisions on issue.

Haresh Raichura
26/6/2012