“Administrative Tribunal”, in relation to a State, means the Administrative Tribunal for the State or, as the case may be, the Joint Administrative Tribunal for that State and any other State or […]
SACHINDRA KUMAR SWAIN Vs. THE STATE OF ORISSA – Natural justice is riot a static concept. It is part of a judicial vocabulary in the administration of justice. It is not “extra legal”, though, it may be “extra legislative”. It is recognised as a guiding factor in administrative law, and forms the constitutional basis for judicial scrutiny of legislative and executive actions. It is the sense of justice that represents the ethics of judicial conscience. Rules of natural justice are not embodied; and their aim is to secure justice or to prevent miscarriage of justice.
Displaying a collection of posts appeared in Advocatetanmoy Law Library
All administrative power vested in public authority must be structured within a system of controls informed by both relevance and reason
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 […]
He who acts in an arbitrary manner never attain even happiness: Injunction by Lord Krishna affirmed by Orissa HC
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 […]
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 […]
Supreme Court in Hira Nath Mishra and Others Vs. The Principal, Rajendra Medical College, Ranchi and Another, . It was observed by the Supreme Court (at p. 1264) : “11. Rules of […]
When any person passes an order in a Judicial or quasi-judicial matter without stating reason on finding, the order itself is arbitrary-Delhi HC
(1991) 99 CurTR 261 DELHI HIGH COURT DIVISION BENCH ( Before : C. M. NAYAR, J ) BENNETT, COLEMAN AND CO. LTD. AND OTHERS — Appellant Vs. UNION OF INDIA AND ANOTHER […]
The question of Locus standi In yester-years, and perhaps even in the not too distant a past, the one recurring theme that be devilled administrative-law and judicial review most was the vexed […]
In service jurisprudence, the appointments are made by employer with different nomenclature/characteristics. Appointments are made both on permanent or temporary basis against permanent post or temporary post. The appointment can also be made on adhoc basis on permanent or temporary post. There is one common feature of appointments of permanent, temporary or adhoc appointment i.e. those appointments are made against the post whether permanent or temporary.
The distinction between “law and order” and “public order” has been pointed out succienctly in Arun Ghosh v. State of West Bengal, (1970) 3 SCR 288 . According to that decision the […]
The Administrative Tribunals Act, 1985 (13 OF 1985) [27th February, 1985] An Act to provide for the adjudication or trial by Administrative Tribunals of disputes and complaints with respect to recruitment and […]
CHAPTER IV Procedure sec 19 to 27 The Administrative Tribunals Act, 1985 19. Applications to Tribunals .-(1) Subject to the other provisions of this Act, a person aggrieved by any order pertaining to […]