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Eficaa Ensmart Solutions Private ... vs Tamil Nadu Generation And on 4 January, 2024 cites

Tata Cellular vs Union Of India on 26 July, 1994

"It is well settled that while exercising the power of judicial review the court is more concerned with the decision-making process than the merit of the decision itself. In doing so, it is often argued by the defender of an impugned decision that the court is not competent to exercise its power when there are serious disputed questions of facts; when the decision of the Tribunal or the decision of the fact-finding body or the arbitrator is given finality by the statute which governs a given situation or which, by nature of the activity the decision- maker's opinion on facts is final. But while examining and scrutinising the decision- making process it becomes inevitable to also appreciate the facts of a given case as otherwise the decision cannot be tested under the grounds of illegality, irrationality or procedural impropriety. How far the court of judicial review can reappreciate the findings of facts depends on the ground of judicial review. For example, if a decision is challenged as irrational, it would be well-nigh impossible to record a finding whether a decision is rational or irrational without first evaluating the facts of the case and coming to 35/44 https://www.mhc.tn.gov.in/judis W.P.Nos.28719, 29263, 29264, 28778, 28779, 28780, 29257 & 29260 of 2023 a plausible conclusion and then testing the decision of the authority on the touchstone of the tests laid down by the court with special reference to a given case. This position is well settled in the Indian administrative law. Therefore, to a limited extent of scrutinising the decision- making process, it is always open to the court to review the evaluation of facts by the decision-maker."
Supreme Court of India Cites 33 - Cited by 3275 - S Mohan - Full Document

Maa Binda Express Carrier And Anr vs Northeast Frontier Railway And Ors on 29 November, 2013

37. Thus, the law laid down by the Supreme Court in the aforesaid judgments is that the Courts can scrutinise the award of the contracts by the Government or its agencies in exercise of its powers of judicial review to prevent arbitrariness or favoritism. Further, the 37/44 https://www.mhc.tn.gov.in/judis W.P.Nos.28719, 29263, 29264, 28778, 28779, 28780, 29257 & 29260 of 2023 Supreme Court indicated that interference in the contractual matters is permissible, if decisionmaking process is illegal, irrational, arbitrary and procedural impropriety and it must meet the test of reasons and relevance.”
Supreme Court of India Cites 7 - Cited by 189 - T S Thakur - Full Document
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