private law, even though its exercise is to be tempered
by judicial restraint to avoid circumvention of private law
remedies, where more appropriate ... contract labour under Section 10(1) ,
the High Court has, by judicial review as the basic structure,
constitutional duty to enforce the law by appropriate
also been passed.
8. It was also submitted that the scope of judicial review under Article
226 is limited only to cases where there ... deducible from the above are:
(1) The modern trend points to judicial restraint in
administrative action.
(2) The Court does no sit as a court
time that judicial officers be sensitized about the need to
W.P.(Crl.) No.3034/2015 Page 21 of 23
exercise judicial restraint while passing
financial, administrative
or other considerations. The Court must exercise judicial
restraint and must ordinarily leave it to the executive authorities
imposed on the other, has laid down certain principles namely: (i) Judicial
restraint be exercised while dealing with administrative decisions; (ii) the
court
have expertise in such matters. Hence it should
exercise judicial restraint and not interfere in it.
13. In our view paragraph 15 of the above
beyond doubt that Courts would not, by way of judicial
review, sit in appeal over the administrative decision and hold that such
decision should have ... upon by the
Supreme Court in the aforesaid judgment is that judicial restraint should
W.P.(C) No. 7726/2016 Page
sympathetic considerations. It was further held that
the Court should observe judicial restraint in matters relating to
loan recoveries and should not embarrass financial institutions
admissions of the parties, confession of the accused, documents
proved in evidence, judicial notice, demeanour of witnesses, local
inspections and presumptions.
The term "believes ... Recording of
reasons also play as a vital restraint on possible arbitrary use of
the judicial power. The recording of reasons serve the following
four
judicial, quasi-judicial and
even by administrative bodies.
(g) Reasons facilitate the process of judicial review by
superior courts.
(h) The ongoing judicial trend ... lifeblood of judicial decision-making justifying the
principle that reason is the soul of justice.
(i) Judicial or even quasi-judicial opinions these days
