A long-standing principle of our law that there is an obligation to obey an apparently valid order of a court unless and until that order is set aside. This is a crucial feature of a civilized society which has...
Administrative Law
Indian Constitution did not desire to introduce into our system the elements of uncertainty, vagueness and changeability that have grown round the ‘due process’ doctrine in America. They wanted to make the provision clear, definite and precise and deliberately...
Of the many misconceptions of centralization which have fallen under our observation, the following, we think, are the most prevalent and important:—1. It is confounded with over-governing. 2. It is thought incompatible with the spirit, if not with the...
Modern drafting technique uses the words ‘adequate’, ‘advisable’, ‘appropriate’, ‘beneficial’, ‘reputable’, ‘safe’, ‘sufficient’, ‘wholesome’, ‘deem fit’, ‘prejudicial to safety...
The Mahabharata of Krishna-Dwaipayana Vyasa BOOK 4 VIRATA PARVA Translated into English Prose from the Original Sanskrit Text by Kisari Mohan Ganguli [1883-1896] SECTION I (Pandava-Pravesa Parva) OM! Having bowed down to Narayana, and Nara, the most exalted of...
I can refer to two decisions of the Apex Court in relation to exercise of controlled discretion and quote relevant passages from them. The first would be the case of Suman Gupta and Others Vs. State of Jammu &...
Therefore, the scripture alone is your guide in determining what should be done and what should not be done. Knowing this, you ought to perform only such action as is ordained by the scriptures. Having cast aside the injunctions...
Scope of Judicial Review: (i) It is settled legal proposition that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. The only consideration the Court/Tribunal has in its judicial review, is...