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Showing contexts for: function of functionary in Koli Bharatbhai Ukabhai Vegad vs District Magistrate on 4 May, 2001Matching Fragments
39. By catena of judicial pronouncements, following aspects have emerged, unquestionably, which are required to be kept live on the mental radar before reaching to the subjective satisfaction for passing the order for detention.
(i) Only relevant and vital material is required to be taken into consideration for subjective satisfaction of the detaining authority.
(ii) It is an unwritten law, constitutional and administrative, that wherever a decision making function is entrusted to the subjective satisfaction of the statutory functionary, there is an implicit incumbency to apply his mind to the pertinent and proximate matters only eschewing the irrelevant and remote aspects.