recent
matter where Courts have been cautioned to apply
judicial restraint instead. Learned Senior Counsel for the
respondents further relied upon the decision ... case of this nature, the Court should
normally exercise judicial restraint unless illegality
or arbitrariness on the part of the employer is
apparent
Himalayan Wine & Others vs State Of H.P. & Others on 28 June, 2016
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 ... imposed
discipline of judicial restraint.
* * *
19. When a State action is challenged, the
function of the court is to examine the
action in accordance with
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 ... imposed
discipline of judicial restraint.
* * *
19. When a State action is challenged, the
function of the court is to examine the
action in accordance with
Their Lordships of the Supreme Court have
emphasized the need for judicial restraint and held that
judicial restraint and discipline are necessary to the orderly ... Page 10 of 18
11
"13. Judicial restraint and discipline are as
necessary to the orderly administration of justice
as they
declare a statute to be unconstitutional, it should
exercise great judicial restraint in this connection. This
requires clarification, since, sometimes Courts are
perplexed ... Holmes, Brandeis, and Frankfurter
resolved by Thayer's doctrine of judicial restraint".
I respectfully agree with the views expressed above, and
endorse Thayer
been taken purely on public interest, the court ordinarily should exercise judicial restraint.
(viii)As huge amounts of public money may be involved, a public ... scope of judicial review of administrative decisions and exercise of powers in awarding contracts, thus:
(1)The modern trend points to judicial restraint in administrative
M/S Acer India Private Limited vs State Of Chhattisgarh on 5 September, 2016
W
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
Himalayan Wine & Others vs State Of H.P. & Others on 28 June, 2016
