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Jayrajbhai Jayantibhai Patel vs Anilbhai Jayantibhai Patel And Ors on 11 September, 2006

23. In a decision making process where an authority or for that matter a committee is authorized to evaluate the merits of a claim, we may say so, acquire adjudicatory role and has to apply the principles governing the field quite objectively. The objectivity is lost once the action taken is flavored with a tinge of Wednesburry unreasonableness begetting irrationality. While the thought process of such authority not only gets adulterated by misconceived prejudices the consequential action gets vitiated with utter irrationality. Such actions therefore, loath the courts to set right unnecessarily created issues/ conflicts through the task of judicial review as rightly observed in Jayrajbhai Jayantibhai Patel v. Anilbhai Jayantibhai Patel & Ors (2006) 8 SCC 200 "While appreciating the inherent limitations in exercise of power of judicial review, the judicial quest has been to find and maintain a right and delicate balance between the administrative discretion and the need to remedy alleged unfairness in the exercise of such discretion." Hence, in our considered opinion this would have been a case of gross miscarriage of justice but for our interference.
Supreme Court of India Cites 15 - Cited by 139 - D K Jain - Full Document

Salem Advocate Bar Association,Tamil ... vs Union Of India on 2 August, 2005

25. In this case, we find that the Corporation by its decisions which are arbitrary and capricious, forced litigations upon the petitioner twice. The Courts are there to balance law and equity and in this case both are in favour of the petitioner, compelling us to impose exemplary cost to do complete justice in the case. Supreme Court in the case of Salem Advocate Bar Association, Tamil Nadu v. Union of India, AIR 2005 SC 3353 has held that "so far as awarding of costs at the time of judgment is concerned, awarding of costs must be treated generally as mandatory inasmuch as the liberal attitude of the Courts in directing the parties to bear their own costs had led the parties to file a number of frivolous cases in the Courts or to raise frivolous and unnecessary issues. Costs should invariably follow the event Costs must be appropriately apportioned. Special reasons must be assigned if costs are not being awarded. Costs should be assessed according to the rule in force."
Supreme Court of India Cites 50 - Cited by 1674 - T Chatterjee - Full Document
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