Apex Court observed in para 73 that, observance of judicial restraint was currently the mood in England. The power of judicial review is exercised ... English, American and Indian cases;
i)The modern trend points to judicial restraint in administrative action;
ii)The Court does not sit as a Court
Habeas Corpus is not maintainable.
According to him, the Petitioner was in judicial custody on the date of filing
of the petition. He invited ... Constitution of India should be exercised sparingly with
judicial restraint. He would further submit that in fact the Petitioner had
applied for bail before Chief
judicial precedents have set an extremely limited scope
of interference and on all occasions of major challenges it has upheld
legislative competence and expressed restraint
The Marathwada Legal And General ... vs Varsha Manohar Dhongade And Another on 14 February, 2018
When we speak about judicial review, it is also necessary to
be alive to the concept of judicial restraint. The duty of judicial
review which ... judiciary is
not unfettered; it comes within the conception of judicial restraint.
The principle of judicial restraint requires that Judges ought to
decide cases while
case of this nature, the Court should normally
exercise judicial restraint unless illegality or
arbitrariness on the part of the employer is apparent ... State or a State undertaking:
(i) The modern trend points to judicial restraint in
administrative action.
(ii) The court does not sit as a court
Court will have to observe a judicial restraint, as
the legislation impugned is in a sense an economic
legislation and, therefore, greater latitude must ... Laxmi Devi , that the
court should exercise judicial
restraint while judging the
constitutional validity of
statutes. In our opinion, the same
principle also applies when
proper. In several
decisions, we have held that there must be judicial
restraint in such matters, vide Divisional Manager,
Aravali Golf Club vs. Chander Hass ... Garry Sturgess Philip Chubb).
41. In our opinion Judges must maintain judicial
self restraint while exercising the powers of judicial
review of administrative or legislative
matters of the State cannot be interfered in
exercise of power of judicial review by the Court and, therefore, no
mandamus can be issued ... reform is manifestly unjust or glaringly unconstitutional, the Court must
show judicial restraint. According to the learned Senior counsel, the court
cannot
grounds. It is submitted by
him that this Court should exercise judicial restraint and not grant
WP-3931-16.doc 27
::: Uploaded ... Corpus was devised for
production of an individual in case of illegal
restraint or confinement. It is, no doubt, of the
highest constitutional importance
