Search Results Page

Search Results

1 - 6 of 6 (0.21 seconds)

S.R.Tewari vs Union Of India & Anr on 28 May, 2013

34. Earlier, in S.R. Tiwari Vs. Union of India (2013) 6 SCC 602 it was reiterated that only if the administrative or executive action is perverse or such that no reasonable body of persons could come to or has been arrived at by the authority misdirecting itself by adopting a wrong approach or has been influenced by irrelevant or extraneous matters would the Court in exercise of powers of judicial review be justified in interfering therewith. It was held that the Court may be justified in exercising the power of judicial review, if the impugned order suffers from mala fide, dishonest or corrupt practices and that the Court must keep in mind that judicial review is not akin to adjudication on merit by re-appreciating the evidence as an Appellate Authority. The Court is devoid of the power to re-appreciate the evidence and come to its own conclusion on the proof of a particular charge, as the scope of judicial review is limited to the process of making the decision and not against the decision itself and the Court cannot arrive at its own independent finding.
Supreme Court of India Cites 21 - Cited by 279 - B S Chauhan - Full Document

Union Of India & Ors vs Flight Cadet Ashish Rai on 18 January, 2006

35. Supreme Court in Union of India Vs. Flight Cadet Ashish Rai (2006) 2 SCC 364, while also observing that there should be judicial restraint while making judicial review in administrative matters, laid down that W.P.(C) No.7403/2015 Page 14 of 16 administrative action is subject to control by judicial review if, (i) the decision maker did not understand the law correctly, or (ii) the decision is irrational, namely Wednesbury unreasonableness; or (iii) if the decision suffers from procedural impropriety.
Supreme Court of India Cites 0 - Cited by 29 - A Pasayat - Full Document
1