Gauhati HC: DRT Has to Dispose of Application under Section 17 of SARFAESI Act as per RDB Act  ||  Kerala HC: Showing or Waving Black Flag to a Person Cannot Amount to Defamation  ||  Del. HC: Merit Based Review of Arb. Award Involving Reappraisal of Factual Findings is Impermissible  ||  Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification  ||  P&H HC: Provis. of Punjab Recruitment of Ex-Servicemen (First Amendment) Rules are Unconstitutional  ||  Cal HC: High Time that Irretrievable Breakdown of Marriage be Read as Grounds of Desertion & Cruelty  ||  Supreme Court: Third Party Can File SLP Against Quashing Of Criminal Proceedings  ||  SC: Absolute Ownership in Property as Per HSA Can’t be Claimed by Woman with Limited Interest  ||  SC: Can’t Forego Fundamental Requirements of Election of Society in Absence of Specific Provisions  ||  SC: Special Efforts Should be Made to Identify Women Prisoners Eligible for Release u/s 479 of BNSS    

Search Results for Tag : Judicial review

International Cases

No jurisdictional error, when mining warden gave proper consideration regarding non-compliance with the applicable expenditure(16.12.2020)

The applicant has applied for judicial review of a recommendation made by the mining warden that, certain mining leases held by it be forfeited. The w.....

Tags : Judicial review, Non-compliance, Forfeiture



Judicial review, even on basis of proportionality, cannot partake of nature of an appeal(01.11.2017)

Ewa Michalak began employment as a doctor with the Mid-Yorkshire Hospitals NHS Trust in April 2002. She remained in that employment until she was dism.....

Tags : Discrimination, Judicial review, Remedy



Judgments

Courts should not interfere with a transfer order made in public interest unless the same is in violation of any mandatory statutory rule(23.06.2020)

The Petitioner is aggrieved by her transfer from the Thrissur Regional Centre to Tirur Campus of the first Respondent. The Petitioner challenges Exhib.....

Tags : Transfer orders, Judicial review, Scope



Extent of permissible judicial review in matters of contracts, procurement, etc. would vary with the subject matter of the contract(14.12.2018)

The issues arising in present group of writ petitions, filed as Public Interest Litigations, relate to procurement of 36 Rafale Fighter Jets for the I.....

Tags : Aircrafts, Procurement, Judicial review



Unless ex facie arbitrariness is established, the court would refrain from interfering with the decision of an examination body(04.10.2023)

The Petitioner, pursuant to a notice, inviting applications for filling up sixteen vacancies by way of direct recruitment to the Delhi Higher Judicial.....

Tags : Examination, Judicial review, Scope



Commercial wisdom of the CoC is to be given paramount importance for approval/rejection of a Resolution Plan(23.11.2023)

Aggrieved by the Impugned Order, the Suspended Director and Promotor of the Corporate Debtor Company, preferred presentappeal, under Section 61 of the.....

Tags : Commercial wisdom, CoC, Judicial review



News

Delhi HC: If Tender Conditions are in Public Interest, Court Can't Interfere With Procedural Errors(15.07.2022)

Delhi High Court has held that if the decision relating to terms or award of contract is bona fide and in public interest, Courts shall not exercise i.....

Tags : Delhi High Court, Public Interest, Judicial Review



Karnataka HC: Courts Should Not Seek to Run Governments in Guise of Judicial Review(26.07.2022)

Karnataka High Courts has held that it is primarily the task of the Government to govern and in the guise of judicial review Courts should not seek to.....

Tags : Karnataka High Court, Judicial review, Government



J&K&L HC: Employment Conditions Can't Take Away Employees' Right to Seek Judicial Review(12.07.2022)

Jammu & Kashmir and Ladakh High Court has held that an employer cannot impose such conditions of employment which have the effect of taking away the r.....

Tags : Jammu & Kashmir and Ladakh High Court, Employment Conditions, Judicial Review



SC: Courts Should Restrain While Exercising Judicial Review in Contracts Involving Technical Issues(03.10.2023)

SC observed that in contracts involving complex technical issues, the Court should exercise restraint in exercising power of judicial review. Even if .....

Tags : Supreme Court, Writ Jurisdiction, Judicial Review



Judicial Review is Possible Only If There is Unreasonableness, Irrationality or Arbitrariness: SC(29.03.2018)

Supreme Court has reiterated that unless the court concludes that the decision-making process or the decision taken by authority bristles with mala fi.....

Tags : Supreme Court, Judicial Review



Calcutta HC: Exercise of Power of Privilege by State Legislature is Open to Judicial Review(05.02.2020)

Calcutta High Court has quashed an order passed by the Speaker of West Bengal Legislative Assembly imposing a punishment on a person for allegedly vio.....

Tags : Calcutta High Court, Judicial Review of Power of Privilege by State Legislature



Slight deviation from guidelines forgivable at judicial review(06.06.2016)

Manipur High Court dismissed challenge by a constable of the police force against his dismissal order, which he claimed was passed without an enquiry .....

Tags : judicial review, administrative order, national security, deviation, guidelines



Judicial review finds errors in Patna ruling on Advocates-on-Record(30.09.2015)

Reiterating in some detail the purpose behind judicial review, and evolution over the years of its scope, the Patna High Court determined that unless .....

Tags : Judicial review, advocate, on record, pleading



SC: Constitutional Courts Cannot Expand Judicial Review Powers(08.01.2021)

Supreme Court has said that Constitutional Courts cannot expand their judicial review powers to become decision-making authorities.

Tags : Supreme Court, Judicial Review Powers



SC: Power of Judicial Review & Govt's Power to Reconsider Previous Govt Decision Not Comparable(17.11.2022)

Supreme Court has held that the power of the executive to look into the conduct of the previous government cannot be compared with the power of courts.....

Tags : Supreme Court, Judicial Review



SC: Swift Rejection of Mercy Petition Cannot be Ground for Judicial Review of President’s Order(29.01.2020)

Supreme Court has held that the quick consideration of the mercy petition and swift rejection of the same cannot be a ground for judicial review of th.....

Tags : Supreme Court, Judicial Review of President's Order



J&K&L HC: No Blanket Bar on Judicial Review of Election Authority’s Decisions(09.12.2022)

Jammu and Kashmir and Ladakh High Court has held that anything done towards completion of election process can’t be challenged before High Court and o.....

Tags : Jammu and Kashmir and Ladakh High Court, Election Process, Judicial Review



Rajasthan HC: Power of Judicial Review Vested in High Courts is Basic Feature of Constitution(18.01.2022)

Rajasthan High Court has reiterated that power of judicial review vested in High Courts under Article 226 of the Constitution of India is one of the b.....

Tags : Rajasthan High Court, Power of Judicial Review of High Courts



Allahabad HC: Armed Forces Tribunal Act Does Not Oust High Court’s Power of Judicial Review(09.03.2022)

Allahabad High Court has clarified that the Armed Forces Tribunal Act, 2007 cannot and does not oust the High Court's power of judicial review contain.....

Tags : Allahabad High Court, Power of Judicial Review



SC: HCs Can Entertain Challenges to Orders Passed by Armed Forces Tribunal(23.03.2023)

Supreme Court while overruling its own judgment in Union of India And Ors. v. Major General Shri Kant Sharma (MANU/SC/0242/2015) and observing that th.....

Tags : Supreme Court, Armed Forces Tribunal, Judicial Review



Bombay HC: Threshold of Public Interest Must to Stop Bypassing of Civil Courts(29.03.2022)

Bombay High Court has held that a writ Court should not exercise its powers in contractual matters under Article 226 of the Constitution, unless the s.....

Tags : Bombay High Court, Public Interest, Civil Court, Judicial Review, Contractual Obligation



Karnataka HC: Scope of Judicial Review in Contractual Matters is Extremely Limited(19.06.2024)

Kar. HC has observed that scope of judicial review in contractual matters is extremely limited and it is in rare category of cases that writ of mandam.....

Tags : Karnataka High Court, Judicial Review, Contractual Matters



SC: Judicial Review to be Rarely Exercised if Provision for Revaluation of Answer Sheets Absent(11.05.2020)

Supreme Court has stated that in the absence of any provision for revaluation of answer sheets, judicial review should be rarely exercised.

Tags : Supreme Court, Judicial Review of Answer Sheets



SC: Can’t Exercise Judicial Review to Re-Appreciate Evidence in Departmental Enquiry(05.06.2023)

Supreme Court while observing that Constitutional Court while exercising judicial review can’t decide case as if it is the first stage of the case, ha.....

Tags : Supreme Court, Judicial Review, Evidence, Departmental Enquiry



Mad HC: High Court Can’t Interfere With Opinion of Medical Experts by Acting as an Expert Body(14.06.2023)

Madras High Court while refusing relief to a mother in a medical negligence case has held that High Court can’t interfere with the opinion of the medi.....

Tags : Madras High Court, Medical Negligence, Expert Opinion, Judicial Review



MP HC: Can’t Subject Transfer Order to Judicial Review Unless Found to be Influenced by Malafide(08.10.2024)

MP HC has observed that it is well settled in law that an employer is the best judge to organize its work force and it is also well settled in law tha.....

Tags : MP High Court, Judicial Review, Transfer Order



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