Saturday, October 25, 2014

Legal Right

Ayaaubkhan  Noorkhan  Pathan  v.   The   State   of Maharashtra & Ors 2012 (11) SCALE 39
http://indiankanoon.org/doc/162455222/

“A “legal right”, means an  entitlement  arising  out  of  legal rules.  Thus, it may be defined as an advantage,  or  a  benefit conferred upon a person by the rule  of  law.   The  expression, “person aggrieved” does not include a person who suffers from a psychological or an imaginary injury; a  person  aggrieved  must therefore, necessarily be one, whose right or interest has  been adversely affected or jeopardized."

Ravi Yashwant Bhoir vs The Collector, District Raigad & Ors
http://indiankanoon.org/doc/84566570/
44. .....A legal right is an averment of entitlement arising out of law. In fact, it is a benefit conferred upon a person by the rule of law. Thus, a person who suffers from legal injury can only challenge the act or omission. There may be some harm or loss that may not be wrongful in the eye of the law because it may not result in injury to a legal right or legally protected interest of the complainant but juridically harm of this description is called damnum sine injuria. The complainant has to establish that he has been deprived of or denied of a legal right and he has sustained injury to any legally protected interest. In case he has no legal peg for a justiciable claim to hang on, he cannot be heard as a party in a lis. A fanciful or sentimental grievance may not be sufficient to confer a locus standi to sue upon the individual. There must be injuria or a legal grievance which can be appreciated and not a stat pro ratione voluntas reasons i.e. a claim devoid of reasons.

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