mechanism or arrangement for judicial
[pic]review, provided it is no less efficacious than the High Court. It
must, therefore, be read as implicit ... power of
judicial review in it which must be equally effective and efficacious in
exercising the power of judicial review. The tribunal set up under
Members-Qualifications and
mode of appointment to make the Tribunal equally efficacious
and effective alternative to the High Court-- Benches and
Circuits of Tribunal-Setting ... would also render the Administrative Tribunal a
much less effective and efficacious mechanism than the High
Court. Clause
investigation by an independent agency seriously damage the
image of judiciary and efficacy of judicial adjudication and
thereby undermine credibility of the judicial institution
itself ... independence of the judiciary, people
would lose faith in the efficacy of judicial process. Bar
being a collective voice of the court concerned has
responsibility
court to
clause (7) of the agreement on the principle of “business efficacy”
and the consequential findings on the question of readiness and
willingness ... clause 7
of the agreement, had invoked the principle of “business efficacy”
to hold that a slight deviation from the plain meaning of the
language
next question
is, whether the Court is obliged to examine the efficacy of the remedy
under Section 17 , before passing an order under Section ... circumstances exist which may not render the remedy provided
under Section 17 efficacious.”
9. Section 9 as originally enacted, has been renumbered as Section
basic structure doctrine--If the enactment provides
for an equally effective and efficacious alternative mecha-
nism or authority for judicial review--Proviso ... regarded as in any way rendering the
Administrative Tribunal less efficacious than the High Court
because it would not be an extra-ordinary or unusual
being a commercial
document, utmost importance had to be given to its efficacy.
Shri Patil, in support of the submissions placed reliance on
Polymat India ... agreement are not
synonymous or interchangeable. The principle of business
efficacy will also have to be kept in mind for interpreting the
contract. The terms
Page
has the propensity of fuelling doubts about the efficacy of the
vaccines.
12. From the rejoinder affidavit submitted by the Petitioner,
we note that ... before the
High Court of New Zealand was assessed to adjudge the
efficacy of vaccines in preventing transmission of the COVID-
19 virus
must be interpreted in such a manner as to
give efficacy to the contract rather than to
invalidate it. It would not be right while ... elucidated
the well-established principles of the classic
test of business efficacy to achieve the result
of consequences intended by the parties acting as
prudent
dispute that, as of today, no proven cure having guaranteed efficacy
has been discovered for the treatment of ASD. However, there is a significant
volume ... stem cells
can alleviate the symptoms of the condition. While the efficacy of the use of
stem cells as a cure
