quashing the FIR or complaint and observed that the judicial process should not be allowed to be used for frustrating the investigation of crimes ... criminal cases, but also emphasized that the High Court should exercise judicial restraint and avoid interlocutory interventions in the investigation and trial of criminal cases
profitable to reproduce these principles--
(1) The modem trend points to judicial restraint in administrative action.
(2) The Court does not sit as a Court ... terms of the invitation to tender cannot be open to judicial scrutiny because the invitation to tender is in the realm of contract. Normally speaking
rule.
29. The process of judicial review is the product of competing judicial concerns of proper vigilance and proper restraint. Courts have to hold ... outcome of the impugned State action.
30. The tension between vigilance and restraint lies in the concept of materiality and prejudice. The courts reserve
body of Judges appointed to the High Court. Judicial discipline is the strength of this institution. Judicial accountability is the essential facet of this institution ... enshrined by the Constitution of India; let not the Judicial patience and self-imposed restraint be put to test by other wings by resorting
impair or in any way dilute the efficacy of the power of judicial review vested in the High Court under Article 226 of the Constitution ... feature of the Constitution viz., judicial review. It may be true that the Court has directed imposition of self-restraint in the matter of entertaining
inequalities and therefore, the right to classify is hedged in with salient restraints or else, the guarantee of equality will be submerged in class legislation ... just and rational relation to the object sought to be achieved.
23. Judicial scrutiny can therefore extend to the consideration whether the classification rests
extent of the right and of the legitimacy of the restraints upon it imposed by legislative or executive determinations are often problematic and essentially contextual ... suspicion about State regulation of free speech and expression, thus inviting rigorous judicial scrutiny.
29. In a famous passage in his dissenting judgment in Abrams
make it more appropriate for the High Court to exercise self-restraint and not to intervene because the error of jurisdiction though committed ... exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the Judge
make it more appropriate for the High Court to exercise self-restraint and not to intervene because the error of jurisdiction though committed ... exercise is discretionary which will be governed solely by the dictates of judicial conscience enriched by judicial experience and practical wisdom of the judge
calling upon the State Government to file its counter-affidavit.
11. Judicial discipline is an inbuilt mechanism inherent in the system itself. The Judiciary ... Administrative Tribunals Act , being discretionary, the discretion must be exercised on sound judicial principles, and not as a matter of course. ( Gunwant Kaur
