appointed under Art. 217 has a special status and is a
constitutional functionary appointed under the provisions of
the Constitution by the President. The mere ... Judge, in appointing a Judge, the President exercises
certain constitutional functions as contained-in Article
217(1). It is, therefore, indisputable that a Judge
come across any case so far where the functions
required to be performed by statutory functionaries had been rendered
redundant by a Court by issuing ... Courts, as indicated
hereinbefore, ordinarily is reluctant to assume the functions of the
statutory functionaries. It allows them to perform their duties at the
first
would ordinarily be
mandatory but when a public functionary is required to perform a public
function within a time-frame, the same will be held
administrative, that whenever a
decision-making function is entrusted to the subjective
satisfaction of a statutory functionary, there is an
implicit obligation to apply
integration did not
amount to any delegation of its essential statutory
functions. There is nothing in ss. 115 or 117 of the said
Act which ... well-recognised that a statutory
functionary exercising such a power cannot be
said to have, delegated his functions merely
by deputing a responsible and competent
Sarla Sirohi vs State Of Raj. & Ors on 25 August, 2010
Author: Vineet Kothari
Authority" means an officer or authority or functionary exercising powers or discharging functions as such under a specified Act; (c) "Bench" means Bench
writ petitions and the suit, this Court,
HELD: 1.1. The CCI functions under the Capital Issues
(Control) Act, 1947, an Act to provide for control ... conjunction with
other authorities and functionaries. It is necessary for him
in the discharge of his functions to ensure that there is
not too much
under:
"When a statutory functionary passes an
order, that too authorizing a person to carry out a
public function like investigation into an offence
I.T.C. Limited vs Agricultural Produce Market Committee ... on 24 January, 2002
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