more in
line with that of the American Courts. An important
consideration which has weighed with the Court for
holding that an administrative authority exercising ... this view are
that the requirement of recording reasons would (i)
guarantee consideration by the authority; (ii) introduce
clarity in the decisions; and (iii) minimise
land was
created without any counter guarantee from the related party and with no other
consideration being paid to the corporate debtor. The Tribunal ... unencumbered land of the corporate debtor without any
consideration or counter guarantee cannot be treated as transfer in the
ordinary course of business or financial
consideration to
the third party surety for mortgage, the
consideration of having done anything for the
benefit of the principal debtor is a sufficient
consideration ... whom the
guarantee is given is called the 'creditor'. A
guarantee may be either oral or written.
127. Consideration for guarantee.- Anything
done
more in
line with that of the American courts. An important
consideration which has weighed with the court for
holding that an administrative authority exercising ... this view are that the
requirement of recording reasons would (i)
guarantee consideration by the authority; (ii)
introduce clarity in the decisions; and (iii) minimise
purchase contract or
order, in addition to a predetermined guarantee consideration.
Again, an indication contra to the contention that the non-
resident was providing management
need to give reasons for administrative decisions:
A) It would guarantee consideration by the authority;
B) It would introduce clarity in the decisions ... this
view are that the requirement of recording reasons
would (i) guarantee consideration by the
authority; (ii) introduce clarity in the decisions;
and (iii) minimise
stated:
14
(1990) 4 SCC 594
23
"35. ... An important consideration which has weighed with the
court for holding that an administrative authority exercising ... this view are that the requirement of
recording reasons would (i) guarantee consideration by the authority;
(ii) introduce clarity in the decisions; and (iii) minimise
Constitution Bench
held that recording of reasons :
"(i) guarantee consideration by the authority;
(ii) introduce clarity in the decisions; and
(iii) minimise chances
this view are that the requirement of recording reasons
would (i) guarantee consideration by the authority; (ii)
introduce clarity in the decisions; and (iii) minimise ... such appellate or supervisory power. Moreover, the
recording of reasons would guarantee consideration by the authority;
introduce clarity in the decisions; and minimise chances
That apart, the requirement of recording reasons would
guarantee consideration by the authority; introducing
clarity in decisions and minimize chances of
arbitrariness in decision making
