Topic

public authority

A public authority under Indian law refers to any body or institution established by the Constitution, statute, or government notification, and subject to the Right to Information Act, 2005.

13 articlesLatest 1 week ago
Kerala Co-operative Societies Act Sections 65 & 66 | Registrar's Statutory Access to Society Documents for RTI Not Fettered by Prior Inquiry Satisfaction : SC
Case Law Analysis
|Supreme Court of India

Kerala Co-operative Societies Act Sections 65 & 66 | Registrar's Statutory Access to Society Documents for RTI Not Fettered by Prior Inquiry Satisfaction : SC

The Supreme Court ruled that the Registrar's statutory power under Sections 65 and 66 of the Kerala Co-operative Societies Act to access society documents for RTI purposes is not contingent on a prior subjective satisfaction to hold an inquiry. This ensures members of cooperative societies can obtain records such as construction agreements and general body minutes through the RTI route without the Registrar first initiating a formal inquiry.

Section 2(h) RTI Act | Private Club on Government-Granted Land is 'Public Authority' Due to Substantial State Financing : Karnataka HC
Case Law Analysis
|Karnataka High Court

Section 2(h) RTI Act | Private Club on Government-Granted Land is 'Public Authority' Due to Substantial State Financing : Karnataka HC

Karnataka High Court holds that Century Club, operating on land granted by the erstwhile Mysuru Maharaja, qualifies as a 'Public Authority' under the RTI Act due to indirect State financing. The ruling expands transparency obligations to private entities benefiting from public resources, setting a precedent for similar cases.

Natural Justice & OTS Scheme | Allahabad HC Grants Relief Despite Default Due to Pandemic & Bereavement Hardships
Case Law Analysis
|Allahabad High Court

Natural Justice & OTS Scheme | Allahabad HC Grants Relief Despite Default Due to Pandemic & Bereavement Hardships

Allahabad HC sets aside flat allotment cancellation under the One Time Settlement (OTS) Scheme, holding that pandemic and bereavement constitute valid hardships warranting equitable relief. The court directed the Gorakhpur Development Authority to allow the petitioner one week to avail the OTS benefit, reinforcing natural justice principles in public authority decisions.

State as Model Litigant | Cannot Raise Limitation Defence for First Time in Appeal After Admitting Liability: HP HC
Case Law Analysis
|Himachal Pradesh High Court

State as Model Litigant | Cannot Raise Limitation Defence for First Time in Appeal After Admitting Liability: HP HC

The Himachal Pradesh High Court ruled that when a public authority admits liability in its written statement, it cannot later invoke limitation as a defence in appeal - reinforcing the principle that the State must act with fairness and consistency. This sets a binding standard for all government entities in civil litigation, ensuring they cannot exploit procedural technicalities after conceding the merits.

RTI Act | Insured Can Access LIC Policy Details Without Policy Number If Key Identifiers Provided : Delhi HC
Case Law Analysis
|Delhi High Court

RTI Act | Insured Can Access LIC Policy Details Without Policy Number If Key Identifiers Provided : Delhi HC

Delhi High Court rules that insured individuals can obtain LIC policy details under the RTI Act even without a policy number, provided they furnish identifying details like name, DOB, and NEFT. The judgment underscores that public authorities must facilitate information access when sufficient alternative identifiers are available, reinforcing the RTI Act's purpose of transparency.

RTI Act Section 2(f) | Private Trusts Not Public Authorities Without Ownership, Control or Substantial State Financing : Bombay HC
Case Law Analysis
|Bombay High Court

RTI Act Section 2(f) | Private Trusts Not Public Authorities Without Ownership, Control or Substantial State Financing : Bombay HC

The Bombay High Court holds that receipt of state grants alone does not transform a private trust into a public authority under the RTI Act, reinforcing that only entities under substantial state control or financing are subject to disclosure obligations. This clarifies the legal boundary for thousands of trusts and NGOs receiving government funds, ensuring RTI applies only where public accountability is truly embedded.

Section 7 RTI Act | Processing Fees for Answer Book Copies Cannot Exceed Statutory Caps : Rajasthan HC Strikes Down ₹1,000 Fee
Case Law Analysis
|Rajasthan High Court

Section 7 RTI Act | Processing Fees for Answer Book Copies Cannot Exceed Statutory Caps : Rajasthan HC Strikes Down ₹1,000 Fee

Rajasthan High Court ruled that universities cannot impose processing fees exceeding the statutory limits under the RTI Act Rules 2012 for providing answer book copies. The court held that a ₹1,000 processing fee per answer book violates Section 7 of the RTI Act, reinforcing fee caps to ensure public access to information without undue financial burden.