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1 - 10 of 36 (0.59 seconds)The Code of Civil Procedure, 1908
Article 226 in Constitution of India [Constitution]
The Companies Act, 1956
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
61. Recently also, the Apex Court in the case of Bajaj
Hindustan limited Vs. Shadilal Enterprises Limited, [(2011)1
SCC 640], has clearly held that the scope of judicial review of
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decisions of the executive or legislative authorities in economic
matters is very limited. After noticing paragraphs 92 and 93 of
BALCO (Supra), and some other judgments, findings of the
Court in respect of judicial review and applicability of doctrine of
legitimate expectations were as follows :
Tata Cellular vs Union Of India on 26 July, 1994
45. Judgment of the Apex Court in the case of Tata Cellular
Vs. Union of India [(1994)6 SCC 651], in the line of judgments
in issue, in chronology, was relied upon by Mr. Kanth, appearing
for Respondent no.10. He placed several paragraphs of this
judgment, which contains elaborate discussion on the scope of
judicial review in reference to English decision also, and drew the
attention of this Court to paragraph 80 thereof in which the Apex
Court has noticed Wednesbury Principle of reasonableness, as
appearing in Supreme Court Practice 1993(1) PP. 849-850, and
has reproduced the same in the following manner :
Sterling Computers Limited Etc vs M & N Publications Limited And Ors on 12 January, 1993
54. Above referred judgments, relied upon by the parties on
the issue, shows that, in matters of policy decision, Courts cannot
look into the wisdom of the policy maker and cannot substitute its
own views. It cannot weigh the comparative merits of the
alternative policies placed before it for consideration. The only
scope for the Courts to interfere with the policy, in exercise of
powers of judicial review, is available on the ground of same
being violative of Article 14 of the Constitution, which
necessarily means that it must be found to be arbitrary, irrational,
unreasonable, capricious etc. and/or violative of any statutory
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provision or constitutional mandate. The judgment of Mahabir
Auto (Supra), Kumari Shrilekha Vidyarthi (Supra) and Sterling
Computers (Supra), and the particular paragraphs of the
judgments, relied upon by learned senior counsel for the
petitioners, only show this much that, wherever the above
conditions or any one of them is found to exist, the Courts must
interfere, in exercise of the powers of judicial review, and strike
down the decision.
Article 12 in Constitution of India [Constitution]
Article 141 in Constitution of India [Constitution]
State Of M.P vs Narmada Bachao Andolan & Anr on 29 September, 2011
53. Mr. Sanjay relied upon another judgment of the Apex
Court in the case of State of M.P. Vs. Narmada Bachao Andolan
[(2011)7 SCC 639], and in particular, paragraph 36 thereof as
hereunder :