ordinarily go into these considerations. The Court has to maintain judicial restraint and has to ordinarily defer to the opinion of the administrators, unless there ... Supreme Court observed:
(1)The modern trend points to judicial restraint in administrative action.
(2)The Court does not sit as a court of appeal
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
functions of another organ of the State. The courts must exercise judicial restraint in this connection.
24. In Asif Hameed v. State of Jammu ... 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
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
rules (apart from encroaching into the executive domain). Judges must maintain judicial self restraint and avoid encroaching into the executive or legislative domain vide Visa
Judges to encroach into the legislative or executive domain. Judges must exercise restraint in this connection, and not do legislation, vide Union of India ... Popular Trading Company, Ujjain ). The legislative casus omissus cannot be supplied by judicial interpretative process.
4. The similar view has been taken in Vemareddy Kumaraswamy
