election," the High Court would in the exercise of judicial restraint, desist from exercising jurisdiction, This principle of judicial/ jurisdictional restraint, was propounded ... election. The High Court, would in the exercise of judicial restraint, relegate such a petitioner to his remedy of an election petition. This exercise
election," the High Court
would in the exercise of judicial restraint, desist from exercising
jurisdiction, This principle of judicial/ jurisdictional restraint,was
propounded ... election. The High Court,
would in the exercise of judicial restraint, relegate such a
petitioner to his remedy of an election petition. This exercise
ambit of
judicial review with regard to tender matters, held that ordinarily, in tender
matters, the Courts would exercise judicial restraint; Courts would ... supra) read as under: -
"(1) The modern trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court
Judges cannot
create a law and seek to enforce it.
(v)Judicial restraint may also be called judicial respect, that is, respect by
the judiciary ... better function in a
system of inter-branch equality.
(vii)Judicial restraint tends to protect the independence of the judiciary.
(viii)The constitutional trade
election', the High Court would in the
exercise of judicial restraint, desist from exercising jurisdiction.
.........
xxx xxx
27. An 'election', under ... grievance, that
calls into question an election.
30. .........This exercise of judicial restraint cannot be equated with
lack of or bar of jurisdiction. Thus
such matter should be minimal. The
Court should normally exercise judicial restraint unless illegality or
arbitrariness on the part of the employer is apparent ... case of this nature,
the Court should normally exercise judicial restraint unless
illegality or arbitrariness on the part of the employer is apparent
been taken purely on public interest the courts should exercise judicial
restraint. The relevant para 66 of the judgment is reproduced as under ... been taken purely on public interest, the
court ordinarily should exercise judicial restraint."
It is settled law that judicial restraint should be exercised while
culled
out certain principles, namely, (a) the modern
trend points to judicial restraint in administrative
action, (b) the court does not sit as a court ... been taken purely on public interest,
the court ordinarily should apply judicial restraint.
22. In Michigan Rubber (India) Ltd. (supra) the
Court referred
deducible from the above are :
(1) The modem trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court ... been taken purely on
public interest, the Court ordinarily should exercise
judicial restraint."
19. Recently, the Hon'ble Supreme Court in Siemens Public
such matter should be minimal. The Court should
normally exercise judicial restraint unless illegality or arbitrariness on the part
of the employer is apparent ... case of this nature, the Court should normally exercise judicial
restraint unless illegality or arbitrariness on the part of the
employer is apparent
