functions of another
organ of the State. The courts must exercise judicial restraint in this
connection. The tendency in some courts/tribunals to legislate ... exercise of powers by the
legislature and executive is subject to judicial restraint, the
only check on our own exercise of power is the self
Judge, he cannot create or amend the law, and must
maintain judicial restraint.
There is no such law in India, like the British Matrimonial Homes
done in very rare cases, and ordinarily there
should be judicial restraint in this connection.
As the Privy Council observed (per Viscount Simonds ... legislate.under the grab of
interpretation".
Hence there should be judicial restraint in this connection, and the
temptation to do judicial legislation should
that
the terms of the invitation to tender are not open to
judicial scrutiny and the courts cannot whittle
down the terms of the tender ... this Court held that the
modern trend points to judicial restraint in reviewing the administrative
action. The court does not sit as a court
cannot interfere. It is well settled that there must
be judicial restraint regarding administrative decisions vide Tata
Cellular vs. Union of India
imposition, the prevailing
conditions at the time, should all enter into the
judicial verdict. In evaluating such elusive factors
and forming their own conception ... cases can only be dictated by their sense of
responsibility and self-restraint and the sobering
reflection that the Constitution is meant not only
Arunima Baruah vs Union Of India & Ors on 27 April, 2007
Author: S.B
Chairman, Indore Vikas Pradhikaran vs M/S Pure Industrial Cock & Chem. Ltd. & ... on
