deducible from the above are:
{{
(1) The modern trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court ... taken purely on public interest,
the court ordinarily should exercise judicial restraint."
20. Also, in Silppi Constructions Contractors v. Union of India
and Another
exercise of the power
of judicial review in such matters. The point as to the extent of
judicial review permissible in contractual matters while inviting ... deducible from the above are:
(1) The modern trend points to judicial restraint in
administrative action.
(2) The court does not sit as a court
done in very rare cases, and ordinarily there
should be judicial restraint in this connection.
44. As the Privy Council observed (per Viscount Simonds ... cannot legislate under the
garb of interpretation. Hence there should be judicial
restraint in this connection, and the temptation to do
judicial legislation should
would
refrain from exercising jurisdiction or in other words, it is
judicial restraint this court would adopt in such
circumstances. However, there cannot
necessary significance. As pointed out in Tata Cellular there
must be judicial restraint in interfering with administrative
action. Ordinarily, the soundness of the decision taken ... questioned but the decision-making
process can certainly be subject to judicial review. The
soundness of the decision may be questioned if it is irrational
cases involving
award of contracts, the Court ought to exercise
judicial restraint where the decision is bona fide
with no perceptible injury to public interest
Judge, he cannot create or amend the law,
and must maintain judicial restraint.
17. There is no such law in India, like the
British Matrimonial
cases involving
award of contracts, the Court ought to exercise
judicial restraint where the decision is bona fide
with no perceptible injury to public interest
above also explains the
principle adopted in Normalization process.
24. Power of judicial review on executive decision is confined to illegality,
irrationality, procedural impropriety, lack ... Ashwin Jain3]. The modern trend points to judicial restraint in administrative
action. The Court does not sit as a Court of Appeal but merely reviews
been taken purely on
public interest, the court ordinarily should
exercise judicial restraint.
67. Law operating in the filed is no longer res
intergra
