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1 - 10 of 18 (0.41 seconds)Article 226 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Securities And Exchange Board Of India vs Shri Sunil Krishna Khaitan on 11 July, 2022
[SEBI v. Sunil
Krishna Khaitan, (2023) 2 SCC 643] This Court held that
certainty and consistency are important facets of fairness in
action and non-arbitrariness: (Sunil Krishna Khaitan
case [SEBI v. Sunil Krishna Khaitan, (2023) 2 SCC 643] , SCC
pp. 678-79, para 59)
"59. ... Any good regulatory system must promote
and adhere to principle of certainty and consistency,
providing assurance to the individual as to the
consequence of transactions forming part of his daily
affairs.
Food Corporation Of India vs Kamdhenu Cattle Feed Industries on 11 November, 1992
In Food Corpn. of India v. Kamdhenu
Cattle Feed Industries [Food Corpn. of India v. Kamdhenu Cattle
Feed Industries, (1993) 1 SCC 71], this Court held that public
authorities have a duty to use their powers for the purposes of
public good. This duty raises a legitimate expectation on the
part of the citizens to be treated in a fair and non-arbitrary
manner in their interactions with the State and its
instrumentalities. This Court held that a decision taken by an
executive authority without considering the legitimate
expectation of an affected person may amount to an abuse of
power : (SCC p. 76, para 7)
"7. ... To satisfy this requirement of non-
arbitrariness in a State action, it is, therefore, necessary
to consider and give due weight to the reasonable or
legitimate expectations of the persons likely to be affected
by the decision or else that unfairness in the exercise of
the power may amount to an abuse or excess of power
apart from affecting the bona fides of the decision in a
given case. The decision so made would be exposed to
challenge on the ground of arbitrariness. Rule of law does
not completely eliminate discretion in the exercise of
power, as it is unrealistic, but provides for control of its
exercise by judicial review."
Union Of India And Ors vs Hindustan Development Corpn. And Ors on 15 April, 1993
[Union of
India v. Hindustan Development Corpn., (1993) 3 SCC
499; State of Jharkhand v. Brahmputra Metallics Ltd., (2023) 10
SCC 634; State of Bihar v. Shyama Nandan Mishra, (2022) 17
SCC 420 : 2022 SCC OnLine SC 554.]
State Of Bihar vs Shyama Nandan Mishra on 5 May, 2022
[Union of
India v. Hindustan Development Corpn., (1993) 3 SCC
499; State of Jharkhand v. Brahmputra Metallics Ltd., (2023) 10
SCC 634; State of Bihar v. Shyama Nandan Mishra, (2022) 17
SCC 420 : 2022 SCC OnLine SC 554.]
Ram Pravesh Singh & Ors vs State Of Bihar & Ors on 22 September, 2006
In Ram Pravesh Singh [Ram
Pravesh Singh v. State of Bihar, (2006) 8 SCC 381: 2006 SCC
(L&S) 1986], it was held that the doctrine of legitimate
expectation applies to a regular, consistent, predictable, and
certain conduct. Similarly, in Noida Entrepreneurs
S. G. Jaisinghani vs Union Of India And Ors.(With Connected ... on 22 February, 1967
44. In a constitutional system rooted in the rule of
law, the discretion available with public authorities is
confined within clearly defined limits. The primary
principle underpinning the concept of rule of law is
consistency and predictability in decision-making. A
decision of a public authority taken without any basis in
principle or rule is unpredictable and is, therefore,
arbitrary and antithetical to the rule of law. [S.G.
Jaisinghani v. Union of India, 1967 SCC OnLine SC 6] The rule of
law promotes fairness by stabilising the expectations of citizens
from public authorities.
Union Of India & Anr vs Raghubir Singh (Dead) By Lrs. Etc on 16 May, 1989
[Union of India v. Raghubir Singh, (1989) 2 SCC