Discretion - Judgment Search Results

Harakchand Mansraj Vs. Emerald Woollen Milles Pvt. Ltd. and Another

Court: Mumbai

Reported in: 1990(1)BomCR221; [1990]68CompCas702(Bom)

..... grant substitution this is pre eminently a case where this court should in its judicial discretion decline the said drelief request for substitution is thus rejected 5 the main petition being ..... be now placed before the court taking up company matters for appropriate orders thereon discretion as all judicial discretion must be exercised one way or the other not arbtrarily or mechanically but .....

Sivaraman Vs. V.C. Narayanan

Court: Kerala

Reported in: AIR1987Ker156

..... free but he is still not wholly free he is to exercise his discretion informed by rules not by innovation at pleasure it should not sound ..... the court and that power has to be exercised judicially discretion when related to a court of justice means a well grounded legal ..... copies of this order to the parties on usual terms discretion when related to a court of justice means a well grounded legal .....

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court: Supreme Court of India

..... the india provisional constitution order 1947 was promulgated the expressions in his discretion acting in his discretion and exercising his individual judgement occurring in the government of india act ..... constitution order 1947 were applicable this order omitted the expressions in his discretion acting in his discretion and exercising his individual judgement wherever they occurred in the act whereas .....

Govt. Of Nct of Delhi Vs. Union of India

Court: Supreme Court of India

..... aharon barak who states purposive interpretation is based on three components language purpose and discretion language shapes the range of semantic possibilities within which the interpreter acts as a ..... advise the governor in executive functions but the governor individually and personally in his discretion will exercise the constitutional functions of appointment and 153 removal of officers in state .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court: Supreme Court of India

Reported in: AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... decisions of this court relating to judicial review of administrative or statutory action and discretion cannot be applied to judicial review of constitutional action appeal against such action ..... decision had been reached the satisfaction of the president cannot be equated with the discretion conferred upon an administrative agency of his subjective satisfaction upon objective material like in .....

M. Malarvizhi Vs. Union of India, Rep. by the Postmaster General, Madu ...

Court: Chennai

..... which an honest man to the discharge of his office ought to find himself discretion means sound discretion guided by law it must be governed by rule not by humour it must ..... possible arbitrary exercise of judicial and quasi judicial or even administrative power e reasons reassure that discretion has been exercised by the decision maker on relevant grounds and by disregarding extraneous considerations .....

Pema Khandu and Others Vs. Nabam Rebia, Speaker of the Arunachal Prade ...

Court: Guwahati

..... ministers had declined to grant sanction for prosecution of ministers but the governor in his discretion granted the prosecution sanction the apex court upholding the action of the governor observed ..... power conferred by article 174 1 of the constitution and preponed the assembly session these discretion applied by the governor is within the exceptions provided for within the constitutional scheme .....

R (on the Application of the Electoral Commission) (Respondent) Vs. Ci ...

Court: UK Supreme Court

..... or bad reasons the court must first construe the enactment by which the discretion is conferred some statutory discretions may be so wide that they can for practical purposes only be challenged ..... decide whether the draconian step of forfeiture was justified the commission s approach to its discretion my conclusions receive some if modest support from the commission s own approach to the .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court: Supreme Court of India

Reported in: (1982)3SCC24; 19831SCR145;

..... persons convicted of murder a fact which demonstrates that courts have generally exercised their discretion in inflicting this extreme penalty with great circumspection caution and restraint cognizant of ..... standardisation degenerating into a bed of procrustean cruelty 180 fourthly standardisation or sentencing discretion is a policy matter which belongs to the sphere of legislation when parliament .....

Sen Mukherjee and Co. Vs. Smt. Chhaya Banerjee

Court: Kolkata

Reported in: AIR1998Cal252

..... not expressly exhaustive they indicate the situations in which the court may properly exercise discretion not to decree specific performance however certain considerations have been excluded as relevant factors ..... voidable yet make it inequitable to enforce specific performance the court may properly exercise discretion not to decree specific performance what would or would not be inequitable would .....