Person Aggrieved - Definition - Law Dictionary Home Dictionary Definition person-aggrieved

Definition :

Person aggrieved, does not include a mere busy-body, but refers to one who has a genuine grievance on account of some order prejudicially affecting his interests, K.C. Pazhanimala v. State of Kerala, AIR 1969 Ker 154: (1968) ILR 2 Ker 422; P.S.R. Sadanatham v. Arunachalam, (1980) SCC (Cr) 649; V.D. Kumarappan v. Secy, Home Department, AIR 1960 Ker 378; Ashok Autoservice of Belim v. Union of India, AIR 1968 Goa 67; Ebrahim Aboobaker v. Custodian General of Evacuee Property, AIR 1952 SC 319; Custodian of Evacuees Property v. Ahad Noga, AIR 1957 J&K 50.

If a person is a member of a society and is wrongfully excluded, then he is a 'person aggrieved', Chapadgaon Vividh Karyakan Seva Sahakari Society, Chapadgaon v. Collector of Ahmednagar, (1989) 3 Bom CR 641 [Maharashtra Co-operative Societies Act, 1960, s. 144]; Adi Pherozshab Gandhi v. H.M. Seervai, AIR 1971 SC 385; Mohammed Sharfuddin v. R.P. Singh, AIR 1957 Pat 235; Northern Plastics Ltd. v. Hindustan Photo Film Mfg. Co. Ltd., (1997) 4 SCC 452; Ramchandra v. State of Bihar, AIR 1967 SC 349: (1966) 2 SCR 517: (1967) SCD 61: (1966) BLJR 920: 1967 Cr LJ 409.

Person aggrieved, the Advocate-General under the Act finishes his duty when the hearing is over and he cannot be considered to be a party interested or a 'person aggrieved', Adi Pherozshah Gandhi v. H.M. Seervai, AIR 1971 SC 385: (1970) 1 SCC 484: (1971) 1 SCR 863. [Advocates Act, 1961, s. 37]

(ii) The word 'person' will embrace the Bar Council which represent the Bar of the State. The Bar Council is 'a person aggrieved' because it represents the collective conscience of the standards of professional conduct and etiquette, Bar Council of Maharashtra v. M.V. Dabholkar, AIR 1975 SC 2092: (1975) 2 SCC 702. [Advocates Act, 1961, ss. 37, 28]

(iii) In the well-known case of Attorney-General of the Gambia v. Peirre Sarr N.'Jie, 1961 AC 617, Lord Denning observed about the Attorney-General's standing thus: ... The words 'person aggrieved' are of wide import and should not be subjected to a restrictive interpretation. They do not include, of course, a mere busybody who is interfering in things which do not concern him; but they do include a person who has a genuine grievance because an order has been made which prejudicially affects his interest, Maharaj Singh v. State of Uttar Pradesh, AIR 1976 SC 2602: (1977) 1 SCR 1072: (1977) 1 SCC 155.

(iv) The words 'person aggrieved' do not include a mere busybody who is interfering in things which do not concern him, P.S.R. Sadhanantham v. Arunachalam, AIR 1980 SC 856: (1980) 2 SCR 873: (1980) 3 SCC 141.

(v) 'Person aggrieved' means a man who has suffered a legal grievance a man against whom a decision has been pronounced which has wrongfully deprived him of something has wrongfully affected his title to something', Thammanna v. K. Veera Reddy, AIR 1981 SC 116 (119): (1980) 4 SCC 62: (1981) 1 SCR 73. [Representation of the People Act, 1951, s. 116C]

(vi) The 'person aggrieved', in this context, would mean a person who had suffered legal injury or one who has been unjustly deprived or denied of something, which he would be interested to obtain in the usual course or similar benefits or advantage or results in wrongful affectation of his title to compensation, Babu Ram v. State of Uttar Pradesh, (1995) 2 SCC 689. [Land Acquisition Act, 1894, s. 28A]