Caselaw Database - All Cases

ESCR-Net Caselaw Database: A database on domestic, regional and international decisions regarding Economic, Social and Cultural Rights.

The petitioner, Lakshmi Kant Pandey, an attorney, wrote to the Supreme Court (Court) alleging neglect and malpractice on the part of social organizations and private adoption agencies facilitating the adoption of Indian children to foreign parents.  He noted the long and hazardous journeys these children made to foreign countries, along with instances of neglect they experienced from their adoptive parents resulting in impoverishment or sexual exploitation of the children.

The dispute in this case consists of two elements and arose when the first respondent purportedly purchased a property, Angus Mansions, in Johannesburg. In the initial action, the first respondent sought the eviction of approximately 300 people who were residing on the property (the applicants). The opposing action called into question the validity of the sale agreement and, consequently, the eviction order.

This case concerns the residents from the informal settlement of Makhaza, part of the Silvertown Project in Cape Town. The City of Cape Town had decided to upgrade the informal settlement under the Upgrading of Informal Settlements Programme (UISP).

An order was issued by the High Court order allowing the eviction of 50 families unlawfully occupying private land and requiring the municipality to provide the occupiers with alternate land.  However, under this order, the eviction was permitted to proceed even if the municipality had not yet provided alternate land to the occupiers, in which event the occupiers would become homeless.  The 50 families appealed from this order, arguing that not requiring the city to provide alternate land prior to the eviction was unjust and inequitable under section 4 (6) of th

This case concerns the historic Hawala scandal in India, which uncovered possible bribery payments to several high-ranking Indian politicians and bureaucrats from a funding source linked to suspected terrorists.

This case concerns an appeal from a High Court order allowing an eviction of roughly 170 families from private land they had occupied as a result of a settlement’s spilling over onto private land.  The High Court issued an order allowing the eviction of the families from the property.  The families appealed from this order alleging that it was in violation of Section 4(6) of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (“PIE Act”), which was enacted to give effect to Section 26(3) of the Constitution (prohibition against evictions without court orders made aft

Rudul Sah was arrested in 1953 on charges of murdering his wife. He was acquitted by an Additional Sessions Judge, in 1968, who directed his release from jail, pending further orders. Rudul Sah languished in jail for 14 years after his acquittal, until his plight was highlighted in the media in 1982 and led to the filing of the PIL on his behalf.

The plaintiffs were recipients of the federal program Aid to Families with Dependent Children or the New York State program Home Relief who alleged that New York officials terminated or were about to terminate their benefits under the programs without notice or hearing. When the suit was filed, no rules were in place requiring that recipients be given notice or a hearing before losing their benefits. Before this appeal occurred, the state and city of New York adopted procedures for notice and hearing. The plaintiffs then challenged the adequacy of the new procedures.

A coalition of residents sent a letter of petition to the Supreme Court to challenge the Water and Power Development Authority's (WAPDA) construction of an electricity grid station in their neighborhood, on designated "green belt" property. The Court heard the matter as a human rights case, as Article 184 (3) of the Pakistan Constitution provides original jurisdiction to the Supreme Court to take up and determine any matter concerning the enforcement of fundamental rights of public importance.

The applicants, occupiers of the Harry Gwala informal settlement, argued for the provision of certain interim basic services in their settlement, pending a decision on whether the settlement was to be upgraded on site or relocated to formal housing (whereupon such services would be provided permanently). They relied primarily on sections 26 and 27 of the Constitution and chapters 12 (emergency housing situations) and 13 (upgrading of informal settlements) of the National Housing Code.