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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.
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.
Rameshwar Prasad & Ors vs Union Of India & Anr on 24 January, 2006
The Supreme Court else in
Rameshwar Prasad Vs. Union of India (2006) 2 SCC 1 has clarified that
the Wednesbury principle is often misunderstood to mean that any
administrative decision which is regarded by the Court to be unreasonable
must be struck down.
Section 5 in The Foreign Trade (Development and Regulation) Act, 1992 [Entire Act]
The Indian Medicine Central Council Act, 1970
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