Court : Supreme Court of India
Reported in : AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; Supp1SCR108
..... raised in this petition was debated mainly with reference to these portions of the earlier decision. these extracts are as under:but the constitutional scheme in india seeks to achieve a judicious blend of the political and judicial processes for the removal of judges. though it appears at the first sight that the proceedings of the constituent assembly relating to the adoption ..... find the indication for the problem before us primarily from the provisions of the constitution and the law enacted under article 124(5). in view of 'a judicious blend of the political and judicial processes' in the constitutional scheme in india, no one need look askance at the exclusion of judicial review at the instance of everyone in case the inquiry committee makes a ..... made by the learned counsel, we find no embargo, in principle or authority, to infer that in the constitutional scheme adopted in india, judicial review of the finding of guilty recorded by the inquiry committee during the statutory part of the process is impermissible after that tentative finding matures into 'proved misbehaviour' culminating in the order of removal. the argument ..... by the parliament culminating in the order of removal by the president of india under article 124(4) of the constitution, then only the concerned judge would have the remedy of judicial review available on the permissible grounds against the order of removal. the statutory part of the process, by which a finding of guilty is made by the inquiry committee .....Tag this Judgment!
Court : Karnataka
..... , any interdiction by the court is automatically ruled out, notwithstanding the process till then being statutory. the incidents of statutory process are to be considered in this perspective. in view of a judicious blend of the political and judicial processes in the constitutional scheme in india, no one need look askance at the exclusion of judicial review at the instance of everyone in case the inquiry committee makes ..... a finding that the judge is not guilty . if the constitutional scheme envisages and provides for an opportunity to the judge ..... be fully alive to the significance of his role and extent of obligation under the constitutional scheme. if however, any illegality occurs even then, the provision for judicial review at the end of the process permits its correction without interdicting the process in between. in the constitutional scheme adopted in india, judicial review of the finding of guilty recorded by the inquiry committee during the statutory part .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2009(4)Raj3201
..... to see where the 'cause of action' arises. the word 'cause of action', is not defined in any statute, civil procedure code or constitution of india and, therefore, the judicial interpretative process over the period is the source for understanding this term. what is 'cause of action'7. the expression 'cause of action' ..... having bearing on the cause of action and relief sought. further, the principle is same under section 20 of cpc or under article 226 of the constitution of india.17. in the case of stridewell leathers (p) ltd. v. bhankerpur simbhaoli beverages (p) ltd. reported in : (1994) 1 scc ..... to sue. the material facts which are imperative for the suitor to allege and prove constitute the cause of action. cause of action is not defined in any statute. it has, however, been judicially interpreted inter alia to mean every fact which would be necessary for the plaintiff to prove ..... been signed or letter correspondence etc. is addressed.(x) in residue civil matters e.g. civil writ petitions under article 227 of the constitution against interlocutory orders of trial courts, where the suit property is situated(xi) in criminal side matters, where the offence in question took place ..... it is the bifurcated territorial jurisdiction between the principal seat and permanent bench seat of any high court. when the order passed under constitution by the president of indian has bifurcated and carved out the territorial jurisdiction of the principal seat of the rajasthan high court and permanent .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(2)ALD55
..... wp no.25642 of 1998?16. viewed from any angle, i have no doubt in my mind that the petitioner is guilty of abuse of judicial process.17. for all the aforesaid reasons, the interim order granted by this court in wp mp no.37415 of 1998 shall stand vacated and the ..... and universities cannot be dealtwith as a matter of course without reference to the relevant legal principles governing the power of judicial review vested in high court by article 226 of the constitution of india.9. in state of maharashtra v. admane anita mali, : air1995sc350 , the supreme court had an occasion to consider ..... on its own unless the candidates are sponsored by the convener. the facts speak for themselves. in my considered opinion, the petitioner has abused the judicial process and for that reason alone, the interim order obtained by him is liable to be vacated.15. the learned senior counsel appearing on behalf of ..... of such aberrations should not be treated as a precedent in future. such casual discretions by the court is nothing but an abuse of the process; moreso when the high court at its level itself becomes conscious that the decision was wrong and was not worth repeating as a precedent. and ..... education v. nikhil gulati, : 1scr897 , the supreme court held that the casual discretions by the court is nothing but an abuse of the process and it would be apt to recall the observations made by the apex court:'occasional aberrations such as these, whereby ineligible students are permitted, under court orders .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(6)ALD461; 1999(5)ALT773
..... -affidavit would undoubtedly reveal the personal and financial interest of the writ petitioner in thesubject matter of the writ petition. i have to hold that the petitioner has abused the judicial process in the name of public interest litigation. he made an attempt to derive personal benefit masquerading as a public interest litigant. perhaps need has arisen for this court to protect ..... as to the award of costs. with a view of discourage the unscrupulous litigants as the one in the present writ petition and to maintain and upheld the integrity of judicial process and public interest litigation, i consider it appropriate to award costs of rs. 10,000/-(rupees ten thousand only) payable by the petitioner within eight weeks from today. the amount .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(4)ALLMR635; 2008(6)BomCR218; (2008)110BOMLR1943
..... act to respondent nos. 3 and 4. since no reply was sent by the mcgm, the petitioners have filed this petition under article 226 of the constitution of india. 7. the grievance of the petitioners in a nutshell is as under: (i) it is the case of the petitioners that the technical bids of ..... something has gone wrong of a nature and degree which requires its intervention'.113. the principles deducible from the above are:(1) the modern trend points to judicial restraint in administrative action. (2) the court does not sit as a court of appeal but merely reviews the manner in which the decision was made.( ..... extent of the duty to act fairly will vary from case to case. shortly put, the grounds upon which an administrative action is subject to control by judicial review can be classified as under:(i) illegality : this means the decisionmaker must understand correctly the law that regulates his decisionmaking power and must give effect to ..... the high court under article 226 in the process of grant of tender is quite well settled. in the case of tata cellular v. union of india, reported in : air1996sc11 , the apex court in paras 86, 90, 93, 94, 95 and 113 has observed as under: 86. judicial quest in administrative matters has been to ..... v.m. kanade, j.1. by this petition which is filed under article 226 of the constitution of india, the petitioners are seeking appropriate writ, order or direction, directing respondent no. 1 municipal corporation of greater mumbai to disqualify the tenders submitted .....Tag this Judgment!
Court : Supreme Court of India
..... tribunal having, at least, one judicial member, as the absence of a judicial member would be an anathema to judicial process and would directly impinge on the impartiality and the independence of the judiciary. it was also contended that the same would undermine the principle of separation of powers which was sought to be strictly maintained by the constitution of india. the counsel, in fact, went ..... part of the basic structure of the constitution.27. in the context of the functions to be carried out under the said act, it was observed ..... the power of the speaker or the chairman under para 6(1) of the tenth schedule of the constitution of india. the finding recorded is that the state commission in deciding a lis relating to the generating company was discharging judicial functions and exercising the judicial powers of a far reaching effect and must therefore have the essential trappings of the court for which ..... of the high court was transferred to the tribunals, the stature of the members of the newly constituted tribunal, should be possessed of qualifications akin to the judges of the high court. the same would be the position qua district judges appointment. such a process of judicial review, in madras bar association v. union of india7 (mj-ii), was held to be a .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2009(3)ALT770; 2009CriLJ3320
..... with the constitution of india and consequentially set aside g.o.rt. no. 407, home (legal.ii) department, dt ..... with the adjudicative process and a constitutional anachronism and a colonial legislation which is not in conformity ..... considerations and violative of article 14 of the constitution of india, after declaring section 321 of the criminal procedure code, 1973 as violative of article 14 of the constitution of india and also violative of rule of law and contrary to the doctrine of separation of powers and has the effect of scuttling the judicial process by enabling the state executive to interfere ..... on the facts and circumstances of each case, in the light of what is necessary, in order to promote the ends of justice, because the objective of every judicial process must be the attainment of justice.36. in balwant singh v. state of bihar : 1977crilj1935 , it was observed that the statutory responsibility for deciding upon withdrawal squarely .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1999(3)ALD10; 1999(2)ALT567
..... this court interferes in the matter the majesty of law and the judicial process would be in peril.8. sri m.r.k. choudary, learned senior counsel appearing on behalf of the first respondent does not dispute the jurisdiction of this court under article 226 of the constitution of india to issue an appropriate writ or direction whenever interest of justice requires ..... subordinate judiciary, but also to protect the dignity and honour of the subordinate judiciary. this court has the necessary power to issue appropriate directions to protect the integrity of judicial process and even to enforce an order passed by the subordinate courts, if the ordinary mechanism fails to provide the relief and meet the challenge.27. the decree obtained by ..... all the courts throughout the territories in relationto which it exercises jurisdiction. tlie power of superintendence over the courts is coupled with the duly to protect the legitimacy of the judicial process at the grassroot level. the subordinate judiciary is not only under the control of the high court; but also is under the care and custody of the high court ..... whether the first respondent was available or not. the learned trial judge expressed his anguish and concern as to the dilatory tactics adopted by the first respondent in obstructing the judicial process. but, even the said order passed by the trial court directing the sub-divisional police officer, narsapur to provide sufficient and adequate police protection and aid the advocate- .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(2)ALD(Cri)32; 2000(3)ALT585; 2000CriLJ5044
..... it may have to be noticed that even the petition under article 226 of the constitution of india has been filed by bhajan lal after investigation and filing of the charge sheet.34. in punjab national bank v. surendera prasad sinha, : 1992crilj2916 the supreme court observed that:'judicial process should not be an instrument of oppression or needless harassment...... there lies responsibility and duty ..... power therefore, be exercised on the condition of which it is granted by the code.58. the high courts exercising jurisdiction under article 226 of the constitution of india are clothed with the jurisdiction to judicially review the exercise of power by a police officer in the matter of registration of information and investigation relating to commission of a cognizable offence.59. ..... , it is not necessary to reiterate as to on what grounds, the decision, action or inaction of a police officer could be judicially reviewed by this court in exercise of its jurisdiction under article 226 of the constitution of india. the principles are too well known and the parameters are well defined. (see bhajan lal's case (6 supra)).60. for ..... made by the supreme court in the context of facts, namely, a division bench of kerala high court in exercise of its extraordinary jurisdiction under article 226 of the constitution of india has quashed the criminal proceedings as against five of the accused persons named therein, on coming to a conclusion that the uncontroverted allegations made in the fir and other .....Tag this Judgment!