declare a statute to be unconstitutional, it should
exercise great judicial restraint in this connection. This
requires clarification, since, sometimes Courts are
perplexed ... Holmes, Brandeis, and Frankfurter
resolved by Thayer's doctrine of judicial restraint".
I respectfully agree with the views expressed above, and
endorse Thayer
judicial review. In
paragraph 94 of the said judgment , the following principles were
deduced :
"(1) The modern trend points to judicial restraint in
administrative ... been taken purely on public
interest, the Court ordinarily should exercise judicial
restraint."
31. In M/s. Master Marine Services Pvt. Ltd. vs. Metcalfe
judicial review. In
paragraph 94 of the said judgment , the following principles were
deduced :
"(1) The modern trend points to judicial restraint in
administrative ... been taken purely on public
interest, the Court ordinarily should exercise judicial
restraint."
63. In M/s. Master Marine Services Pvt. Ltd. vs. Metcalfe
judicial review. In
paragraph 94 of the said judgment , the following principles were
deduced :
"(1) The modern trend points to judicial restraint in
administrative ... been taken purely on public
interest, the Court ordinarily should exercise judicial
restraint."
63. In M/s. Master Marine Services Pvt. Ltd. vs. Metcalfe
judicial review. In
paragraph 94 of the said judgment , the following principles were
deduced :
"(1) The modern trend points to judicial restraint in
administrative ... been taken purely on public
interest, the Court ordinarily should exercise judicial
restraint."
31. In M/s. Master Marine Services Pvt. Ltd. vs. Metcalfe
operation of law or affects the individual or society.
Though judicial restraint, albeit self-recognised, is the
order of the day, yet an administrative decision ... observed as
under:-
"50. There should be judicial restraint while making
judicial review in administrative matters. Where
irrelevant aspects have been eschewed from
consideration
Ishwarbhai Narayanbhai Patel vs State Of Gujarat on 22 November, 2021
Author: J. B. Pardiwala
courts should
disregard all these timehonoured and welltested judicial self restraints
and norms and exercise their said powers, in every case before ... courts should disregard all these timehonoured and well tested
judicial selfrestraints and norms and exercise their said powers, in
every case before
Having regard to it all, it is manifest that the
power of judicial review may not be exercised unless
the administrative decision is illogical ... operation of
law or affects the individual or society. Though
judicial restraint, albeit self-recognised, is the order
of the day, yet an administrative decision
Aakash Exploration Services Limited ... vs Oil And Natural Gas Corporation Limited on 21 June, 2019
