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
ground for not
entertaining the writ petition filed by Appellant was judicial restraint on the
part of the court. It refused to intervene ... case of this nature, the Court should normally exercise judicial restraint
unless illegality or arbitrariness on the part of the employer is apparent
question which has to be asked is what is the
scope of judicial review, and in a few special cases
the scope for the review ... SCALE 171)
In any event, the modern trend also points to judicial restraint in
administration action as has been held in Tata Cellular Vs. Union
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
meaning of Article 13 of the Constitution of
India.
JUDICIAL REVIEW:
The power of judicial review is now well-defined in a
series of decisions ... SCALE 171)
In any event, the modern trend also points to
judicial restraint in administration action as has been
held in Tata Cellular Vs. Union
Santosh Kumar Satishbhushan Bariyar vs State Of Maharashtra on 13 May, 2009
Author: S.B
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
virtue of order dated 12.8.2000 the
appellant again came under judicial restraint and was
asked to produce sureties for his presence in the Court
Constitution of India
shall not interfere. It would exercise judicial restraint. It may be
erroneous but not illegal. It may not be just and proper
