Court : Himachal Pradesh
Decided on : Nov-19-1982
..... of india, air 1978 sc 1457, after referring to various earlier decisions of the court, it was observed (at p. 1473) : 'but the essential point made in all these cases is that unchannelled and arbitrary discretion is patently violative of the requirements of reasonableness in article 19 and of equality under article ..... it is explained that the various stay orders passed by this court in the writ petitions had complicated the matter so much that the university acted very cautiously so as not to be blamed for violating any order. moreover, it is submitted that after avtar singh rai had failed to ..... without any guidelines in the exercise of the powers can easily degenerate into arbitrariness. when individuals act according to their sweet-will, there is bound to be an element of 'pick and choose' according to the notion of the individuals.' 26. in p ..... or the purpose for which it becomes necessary or expedient to requisition a movable property. it was also found that there is no provision in the act that the power could be exercised only for a public purpose. it was observed (at p. 547) : 'discretion which is absolute, uncontrolled and ..... or things similarly situated. this would happen when the legislature vests a discretion in an authority, be it the government or an administrative official acting either as an executive officer or even in a quasi-judicial capacity by a legislation which does not lay down any policy or disclose any .....Tag this Judgment!