Sandeep Yashwantrao Sarode vs Election Commission Of India, Thr. ... on 12 April, 2019
Equivalent citations
M/S.Masterstroke Freight Forwarders ... vs The Commissioner Of Customs (Imports) on 27 October, 2015
administrative, that wherever a decision making function is entrusted to the subjective satisfaction of the statutory functionary, there is an implicit incumbency to apply
there is no proof and, secondly bias cannot be attributed to statutory functionaries. In State of Rajasthan case, , a Minister never figured in the proceedings ... Government. That was not a case where the Minister functioned as a statutory functionary in two capacities as Chairman of the Board and as Minister
Courts. When a parliamentary committee consisting of Members of Parliament scrutinises the functions of the Bank. The petitioner cannot introduce elements wholly alien and outside ... pointed out that, however, the function of determining whether the act of a constitutional or statutory functionary falls within the constitutional or legislative conferment
uncertainty as it ultimately leads to arbitrariness in the functioning of
the State and its functionaries which directly offends Art.14 of
Constitution of India
which Ministers and Secretaries function, it might often be difficult to decide where the role of one functionary ends and that of the other begins ... conflict with other functionaries under the Constitution, it would be necessary to give a constitutional status to his office, his powers, functions, etc. We feel
licensing authority and take upon itself its functions before the power is exercised or the function is performed. In that case, the prayer ... 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
sovereign functions are primarily inalienable function which the State could exercise. Welfare activity of the State cannot be said to be sovereign function. Absence ... fact, all Governmental functions cannot be construed either primary or inalienable sovereign function. Hence even if some of the functionaries under the State Act could
repositories of power may exercise executive, quasi-legislative and quasi-judicial functions.
13. The parameters of the Court's power have been analyzed ... administrative, that whenever a decision-making function is entrusted to the subjective satisfaction of a statutory functionary, there is an. implicit obligation to apply