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...
judicial review
The judicial function is, like legislation, both creation and application of law. The judicial function is ordinarily determined by the general norms both as to procedure and as to the contents of the norm to he created, whereas legislation...
Appeal—Interference with discretion—Permissibility—Unless the discretion is exercised on some mistake of fact or mis-apprehension of principle, interference by appellate Court is not called for.
Broadly speaking, administrative action is subject to judicial review on three grounds, namely, (i) illegality (ii) irrationality and (iii) processual impropriety. But this may be true of cases where the public authority has performed its public duty and the...
It is well-known that the concept of judicial independence in this country owes its origin to the development of this concept in England. In England for centuries that Monarch was the repository of all powers and the courts set...
Judicial Review - In proceedings and decisions taken in administrative matters, the scope of judicial review is confined to the decision-making process and does not extend to the merits of the decision taken.
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...
Over a period of time grounds have been evolved on which judicial review of administrative action is permissible. The administrative decision can be interfered with if it lacks in fairness or is mala fide, it is ultravires, or abuse...
