Nusli N. Wadia And 2 Ors vs Bastion Constructions on 27 June, 2025
Author: A
creditor. The ARC as such cannot be said to be performing
public functions which are normally expected to be performed
by the State authorities. During ... present Petition and none of them are
functionaries of the State neither do they perform any public function
and hence they cannot be subjected
observed that when a statutory functionary
passes an order, that too authorizing a person to carry out
a public function like investigation into an offence
Constitution expects the organs of the State adorned by
high constitutional functionaries that while discharging their duties, they
remain alive to the allegiance they bear ... provisions and it is
binding upon all the constitutional functionary that they must act and
function within a constitutional limit.
Judgment 19 WP3841
administrative, that wherever a decision-making
function is entrusted to the subjective satisfaction of
the statutory functionary, there is an implicit duty to
apply
acting in a special capacity, as a
nominated person, given specific functions under the scheme. His
role is administrative, not judicial, though it is conferred ... capacity as a presiding Judge in a Court,
but as a designated functionary under the scheme. This helps
clarify that his powers come from
wholly unconnected thereto. Acts bereft of
any reasonable nexus to official functions fall outside the
ambit of this safeguard and do not attract ... underlying rationale of both these
statutory provisions is to safeguard public functionaries
.....25/-
Judgment
435 revn107.24
25
from frivolous or vexatious prosecution
wholly unconnected thereto. Acts bereft of
any reasonable nexus to official functions fall outside the
ambit of this safeguard and do not attract ... underlying rationale of both these
statutory provisions is to safeguard public functionaries
.....25/-
Judgment
435 revn107.24
25
from frivolous or vexatious prosecution
Asif Khan Bashir Khan @ Juned @ Abdulla vs The State Of Maharashtra on 21 July, 2025
Suhail Mehmood Shaikh vs The State Of Maharashtra on 21 July, 2025
Author: Anil S