arrived at the following conclusion:-
“As mentioned above, an Upa-Lokayukta does function as an adjudicating
authority but the Act places him short ... than an investigator or an inquisitorial authority largely
exercising administrative or executive functions and powers. Under the
circumstances, taking an overall view of the provisions
section 65 of Bihar Reorganization Act can be said to
have been functioning as JHALCO.
Therefore, I do find that the petitioners are entitled ... with the aforesaid judgment and order the State
of Jharkhand and its functionaries preferred LPA no. 77 of 2009 and
JHALCO preferred
accord with the
Constitution. The constitutional provisions postulate the
conditions for the functioning of the legislature and the executive
and prescribe that the Supreme Court ... required to conform to
the fundamental law, that is, the Constitution. The functionaries
of the three wings, namely, the legislature, the executive and the
judiciary
Indian Young Lawyers Association vs The State Of Kerala on 28 September, 2018
Equivalent citations
from express provisions of law which are
necessary for proper discharge of functions and duties imposed upon
them by law. That is the doctrine which ... Code, had modified its
earlier order directing the respondent-State and its functionaries not
to carry out search and seizure of the goods lying
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