primary reviewing authority and not on
the basis of Wednesbury principles. It
may be that the courts did not call this
proportionality but it really ... under Article
14 , the principle of secondary review
based on Wednesbury principles
applies."
28. The submission by the appellants
is that the mere fact
Court adopted the principle of "primary
review and proportionality" vis-à-vis the principles of secondary review and
"Wednesbury reasonableness" explaining ... principles as follows:-
"Thus, the principle of primary review and proportionality on the one hand
and the principle of secondary review and Wednesbury reasonableness
works discussed hereinbefore is arbitrary, unreasonable and
against the Wednesbury principles, so that no other possible view could have
10
been taken ... possible conclusion which meets the requirement of the Wednesbury
Principles, meaning thereby that either of such conclusion could have been
arrived by any person
primary reviewing authority and not on the basis of Wednesbury
principles. It may be that the courts did not call this proportionality
but it really ... arbitrary” under Article 14 , the principle of secondary review based on
Wednesbury principles applies.”
28. The submission by the appellants is that the mere fact
lease rent for want of any authority of law applying
Wednesbury principles of reasonableness. As such, IDA is held
to be estopped from raising such ... same is arbitrary, unreasonable
and contrary to the concept of Wednesbury principles of
reasonableness.
23. The principle underlying legitimate expectation which is
based on Article
decision must not only be tested by the application of Wednesbury principle of reasonableness (including its other facts pointed out above) but must be free ... decision must not only be tested by the application of Wednesbury principles of reasonableness but must be free from arbitrariness not affected by bias
decision must not only be tested by the application of Wednesbury principles of reasonableness but must be free from arbitrariness not affected by bias ... decision must not only be tested by the application of Wednesbury principle of reasonableness (including its other facts pointed out above) but must be free
primary reviewing authority and
not on the basis of Wednesbury principles. It may be that
the courts did not call this proportionality but it really ... arbitrary” under Article
14 , the principle of secondary review based on Wednesbury
principles applies.”
28. The submission by the appellants is that the mere fact
substituted provisions of para 13 of ROPA 1998 fail to qualify Wednesbury
principles of reasonableness. The action was in utter violation of fair play ... substituted provisions of para 13 of ROPA 1998 fail
to qualify Wednesbury principles of reasonableness. The action was in utter
violation of fair play
review was sought. It is worth reproducing:-
“i. While exercising the principle of Wednesbury reasonableness, the order
in review failed to take into account relevant ... administrative decision must not only be tested
by the application of Wednesbury principle of reasonableness but also must
be free from arbitrariness not affected
