Court : Mumbai
Reported in : 1989(2)BomCR107; (1989)91BOMLR124; 1990CriLJ1610
..... own opinion for that of the authority. this is however not to say that the power of the court is wholly immune from the power of judicial review but only in limited cases when the detention is not bona fide and is clamped by mala fides. we are satisfied on the facts disclosed that ..... detention and/or when the detenu is transferred from one to another. it is true that while reading the mandate in article 21 of the constitution of india in para 75 of the report the supreme court said that it has to make an observation which is of great importance in the matter detention ..... order dated 25th november, 1988 was served on the detenu pari passu with the grounds of detention by the requirement of article 22(5) of the constitution of india on 2nd december, 1988 and the detenu is in detention since that at central jail at aguada. the grounds, annexure 'b' to the petition mention ..... rationale behind this decision was that section 5a would come into operation only after the communication of the grounds was found to be faultless by the constitutional safeguards.(12) coming back to the passages purported to be distorted versions in marathi language, let it be noted in the first instance that the gravemen ..... mr. bhobe was erroneous in that section 5a of the act could not be imported in the present case. the submission is that so long as constitutional safeguards are adhered to viz. communication, then only it is open to the detaining authority to contend that the detention order can survive on some .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2005KAR1605
..... -introduced by repealing the kcca act, which is not permissible in law, as it tantamounts to taking away the basic feature of the constitution. the apex court in exercise of its judicial review power under the constitution of india has upheld the constitutional validity of kcca act after careful consideration and interpretation of provisions of the said act.(iv) in order to consider the validity of ..... has also relied upon decision of the apex court reported in : air1997sc3127 (s.s. bola v. beedi sardana). the relevant paras are extracted hereunder:'155.d. the judicial review is the basic feature of the constitution which has been entrusted to the constitutional courts, namely, the supreme court of india and high courts under article 32 and articles 226 and 227 respectively. it is the ..... constitutional duty and responsibility of the constitutional courts, as assigned under the constitution, to maintain the balance of power between the legislature, the executive, and the judiciary. in a parliamentary democracy, for the constitutional democracy, to remain a living moral and intellectual force, it would be enforced through judicial review .....Tag this Judgment!
Court : Delhi
Reported in : (2003)180CTR(Del)212; 259ITR600(Delhi)
..... ingredients which are to be established before penalty is to be imposed, the order would clearly be perverse and this court in exercise of article 226 of the constitution of india has the jurisdiction to judicially review the same. this part of the order, imposing the penalty, thereforee, is set aside while maintaining the rest of the order and the matter is remitted back ..... aspects of the matter which were subsequently considered by the income-tax appellate tribunal in respect of the same subject matter.31. no doubt as contended by mr. pandey the judicial review in such cases is limited in view of the nature of the orders passed by the settlement commission. however, if we come to the conclusion that the settlement commission did ..... was that nobody would go to the settlement commission unless there was a concealment and further that once the settlement commission passes an order it is final. the power of judicial review was very limited referring to the cases of nirmal and navin p. ltd. v. d. ravindran : 255itr514(sc) and c a. abraham v. asst. cit : 255itr540(mad) .28 ..... if the commissioner's objections were not to be interfered with. the supreme court allowing the appeal against this order held :(i) that, an appeal under article 136 of the constitution of india lay to the supreme court against the order of the settlement commission ; (ii) that, the earlier order passed by the settlement commission on august 24, 1977, was a nullity .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1998(4)ALD327; 1998(4)ALT348
..... submitted that it is well settled that articles 194(3), 208(1) and 212(1) of the constitution of india do not take away in any manner whatsoever the power of the high court under article 226 of the constitution of india to judicially review the illegalities that go unabated in the sacred house of legislatures.12. the leamed senior counsel appearing for ..... the petitioner in this regard places reliance upon the decision of the apex court in vishaka v. state of rajasthan, : air1997sc3011 , and vineet narain v. union of india, : 1998crilj1208 . 1 find it ..... extremely difficult to accept the submissions made by the learned senior counsel appearing for the petitioner. the court in exercise of its jurisdiction under article 226 of the constitution of india cannot issue any directions or frame any guidelines directing as to how the elected members of the legislative assemblies have to conduct their business in the house. ..... also prays for issuance of consequential directions to the respondents herein, directing them to take all necessary steps in exercise of the power conferred upon them by the constitution of india, including steps for disqualifying such members who indulge in unruly, violent and unparliamentary behaviour in the legislatures and the parliament.6. the court appreciates and understands the .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2007(4)Raj3164
..... punishment order has rightly been passed and the appeal has rightly been dismissed. an objection has also been taken that this court under article 226 of the constitution of india has limited scope of judicial review of the orders passed by the disciplinary authority as well as appellate authority.6. the submission of counsel for the petitioner in rambabu thathera's case is that ..... grave misconduct and the petitioner was rightly held liable for the entire fictitious transaction of rs. 1600/- to smt. shanti devi. counsel has also submitted that power of judicial review under article 226 of the constitution is limited in an departmental enquiry case.facts of p.d. gupta's case (writ petition no. 2385/1998)9. the writ petition filed by p.d ..... is concerned, courts have always favoured even standards and have discarded the application of uneven standards in similar or identical cases. uneven treatment is not at all palatable to the judicial conscience of the court.22. the matter can be remanded back to conduct enquiry from the stage of defence nominee, but 13 years have passed and another similarly situated delinquent ..... concerned, the courts have always favoured even standards and have discarded the application of uneven standards in similar or identical cases. uneven treatment is not at all palatable to the judicial conscience of the court.the relevant part of para 27 and complete para 28 of the said judgment are as follows:27... hindyatullah, c.j. - this appeal has been admitted .....Tag this Judgment!
Court : Chennai
Reported in : 1998(1)CTC749
..... 2 and 3. noviolation of section 29 been made out. nor it could be said on facts that the respondents acted arbitrarily.9. the scope of judicial review under article 226 constitution of india with respect to the action taken by the second respondent state financial corporation was the subject matter of consideration before the apex court as well as division bench ..... it under section 29 of the act the scope of judicial review is confined to two situations, namely (1) there is a statutory violation on the part of the state financial corporation, or (2) where the state financial corporation acts unfairly, is, unreasonable, while exercising it jurisdictionunder article 226 of the constitution, the high court docs not sit as an appellate ..... allied products (p) ltd. anothers1996 (5) sup 37.10. the division bench has also held that under identical circumstances, the jurisdiction of this court under article 226 constitution of india cannot be invoked at all as relationship between the petitioner and the second respondent is that of debtor and creditor and the petitioner cannot throw the solemn contract to the ..... authority over the acts and deeds of the state financial corporation, see u.p. financial corporation v. gem cap (india) pvt. ltd. and others, : 1993crilj2619 it had not been pointed out that there is .....Tag this Judgment!
Court : Kerala
..... petitioner to ext.p9, i.e., communication dated 21.07.2014 informing rejection of the clemency petition. it is submitted that power of president of india conferred under article 72 of the constitution of india is subject to judicial review. learned counsel placed reliance on the judgments of the supreme court in epuru sudhakar v. govt. of a.p. ( 8 scc161 and mohammed ishaq ..... in epuru sudhakar's case (supra) had also considered the issue as to upto what extent the decision of the president of india under article 72 and the governor under article 161 can be subjected to judicial review under article 226 of the constitution of india. the apex court held that although decision of the president or governor are not immune from the power of ..... judicial review, only very limited judicial power is available in certain cases. it is useful to quote paragraphs 22 to 33 where the apex court has ..... has been made out which may come within the limited scope of judicial review by this court in exercise of article 226 of the constitution. w.a. no.658 of 2015 -:31. :- 19. from the materials on record it does appear that on the petition submitted under article 72 of the constitution of india, the central as well as the state governments sent reports and .....Tag this Judgment!
Court : Guwahati
..... in kaihoto hollohan v. zachilhu reported in 1992 supp (2) scc 651 had considered the validity of para 7 of the 10 the schedule to the constitution of india, which has excluded judicial review. the majority of the judgment delivered by venkatachaliah, j struck down the said offending provisions i.e., para 7 of the 10th schedule by applying the doctrine of severability and ..... or other side. as there was no argument from the side of the respondents in the present writ petition questioning the power of judicial review of this court in a writ proceeding under articles 226 and 227 of the constitution of india over the action and proceeding taken up by the census authority/authorities under the census act, 1948 and the rules framed thereunder ..... the decision of the speaker/chairman is valid. but the concept of statutory finality embodied in para 6(1) does not detract from or abrogate judicial review under articles 136,226 and 227 of the constitution of india in so far as infirmities based on violation of the constitutional mandate; malafide, non compliance with the rule of natural justice and perversity, are concerned.'28. the ..... (1) glt (sc) 1 : j997 (3) scc 261 held that the power of judicial review of the high court under article 226 of the constitution of india is the basic structure of constitution and cannot be excluded even by constitutional amendment by introducing article 323 a and 323 b and by enacting the statutes 'administrative tribunal act, 1985 (act no. 13 of 1985 by the .....Tag this Judgment!
Court : Guwahati
..... , held that it was not open for the court to re-appreciate the evidence on record while the court is exercising its power under article 226 of the constitution of india as the scope of judicial review is limited.6. against the said order of the learned single judge dated 25.8.95 in the c.r. no. 330 of 1992, the writ petitioner ..... the writ petition, hence, it cannot be said that the learned single judge had not exercised his power of judicial review as vested on him by the constitution of india. as a matter of fact the learned single judge has not exercised the power of judicial review in so far as the order of the security force court has not been interfered with.15. in prithi ..... , these proceedings are nonetheless subject to the overall, power of judicial review by the high court under article 226 of the constitution. if a sfc has been properly convened, there is no challenge to its ..... gfc are quite akin to each other.10. while considering the scope of judicial review of the findings of a sfc, it also needs to be borne in mind that a sfc is not subject to power of superintendence of the high court under article 227 of the constitution of india. though the proceedings of the sfc fall outside the purview of article 227 .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1993MP214
..... we deal with the main contentions advanced by the counsel for the petitioner on the question of extent of power of the president under article 356 of the constitution of india and the scope of judicial review, it would be necessary to briefly state the factual back-ground in which the impugned proclamation by the president was issued.8b. on 6th of december 1992 ..... in the majority opinion followed in the subsequent case of a. k. roy, i.e. a. k. roy v. the union of india, air 1982 sc 710 that the proclamation under article 356 of the constitution is open to judicial review, where it has been made, upon consideration, which is wholly extraneous, irregular and irrelevant to the purpose for which the power under article ..... that the act of president in exercise of power vested in him under article 356 of the constitution is not justiciable in court of law. it is submitted that the satisfaction of the president is beyond judicial review. article 361 of the constitution of india is relied upon to contend that the president or the governor of a state cannot be made answerable to any ..... that this provision in article 356, imposing a bar to judicial review, was deleted by 44th amendment to the constitution and, therefore, it is arguable as subsequently pointed out by the supreme court in a.k. v. union of india, air 1982 sc 710, that 'the 44th constitution amendment act leaves no doubt that judicial review is not totally excluded in regard to the question relating to .....Tag this Judgment!