from such process [CIRP] or not", open for subsequent
judicial determination95.
169. Judicial restraint must not only be exercised
while adjudicating upon the constitutionality ... balance of
separation of powers between the legislature and the
judiciary. Judicial restraint must be exercised in such
cases as a matter of prudence, since
State Bank Of India vs Consortium Of Prudent Arc Limited & ... on 25 October, 2021
Court observed:
"80. As regards economic and other regulatory
legislation judicial restraint must be observed by
the court and greater latitude must be given
well
settled thar the Courts, in exercise of their power of judicial review, do not ordinarily interfere with
the policy decisions of the executive, unless ... economic regulation.
cases, there are good reasons for judicial restraint, if not judicial deference to the judgment of the
executive. The Courts are not expected
well
settled thar the Courts, in exercise of their power of judicial review, do not ordinarily interfere with
the policy decisions of the executive, unless ... economic regulation.
cases, there are good reasons for judicial restraint, if not judicial deference to the judgment of the
executive. The Courts are not expected
once the exercise is undertaken
by the selection committee, principle of judicial restraint must be applied.
23. In view of aforesaid observations
cannot be gain said
that an approach of 'Judicial Restraint' and 'Discipline' are very much required for
the dispensation of justice
judicial, quasi-judicial and
even by administrative bodies.
(g) Reasons facilitate the process of judicial review by superior
Courts.
(h) The ongoing judicial trend ... Life blood of judicial decision making justifying the
principle that reason is the soul of justice.
(i) Judicial or even quasi-judicial opinions these days
logic of balance exercise of judicial power has an assurance of
institutional stability and re-organization of boundary of power is implicit in the
Constitutional ... There have been plethora of
judicial orders highlighting the issue of restraint by judicial bodies in substituting their
wisdom over those who have been assigned
logic of balance exercise of judicial power has an
assurance of institutional stability and re-organization of boundary of power is implicit
in the Constitutional ... There have been plethora of
judicial orders highlighting the issue of restraint by judicial bodies in substituting their
wisdom over those who have been assigned
