The expression “public purpose” is not capable of a precise definition and has not a rigid meaning. It can only be defined by a process of judicial inclusion and exclusion. In other words, the definition of the expression is...
Public
LLM Syllabus of Comparative Public Law Module I: Public Law • Meaning and definition of Public Law • Concept of Public Law • Public Law – International Law, Constitutional Law and Administrative Law • Distinction between Public Law and...
Pakistan Supreme Court in Manzoor Elahi v. Federation of Pakistan(PLD 1975 SC 66). Relevant para therefrom reads as under thus:- “Now, what is meant by a question of public importance. The term ‘public’ is invariably employed in contradistinction to...
What is to be regarded as “place in public view” had come up for consideration before this Court in the judgment reported as Swaran Singh & Ors. v. State through Standing Counsel & Ors.
A legislative policy must conform to the provisions of the constitutional mandates. Even otherwise a policy decision can be subjected to judicial review. SUPREME COURT OF INDIA State of Rajasthan and others Versus Basant Nahata (Before : Ashok Bhan...
Section 130(1) & (2) read with sections 211/212 and Sections 241/242 of the Companies Act, 2013- Report of the RBI Report can be taken note of, while upholding the order passed by the learned Tribunal under Section 130 of the...
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 &...
Intellectuals Forum Tirupathi v. State of Andhra Pradesh and Others [(2006)3 SCC 549]. Again in the said decision, the Apex Court invoked the public trust doctrine. It will be necessary to consider what is held by the Apex Court...
Parke, B., in Egerton v. Brownlow 4 H.L.C. 1, 123; 10 E.R. 359, 408, which is a leading judgment on the subject, describes the doctrine of public policy thus at p. 123 : “‘Public policy’ is a vague and...
“Public safety” ordinarily means security of the public or their freedom from danger. In that sense, anything which tends to prevent dangers to public health may also be regarded as securing public safety. The meaning of the expression must,...
Public Policy does not remain static in any given community. It may vary from generation to generation and even in the same generation. Public policy would be almost useless if it were to remain in fixed moulds for all...
public officer” means a person falling under any of the following descriptions, namely:– (a) every Judge; (b) every member of an All India Service]; (c) every commissioned or gazetted officer in the military, naval or air forces of the...