Executive Function - Judgment Search Results

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

..... the governor of the state with the aid and advice of the advisors exercise the executive functions on behalf of the president the convention attained the status of law this consistent law ..... are answerable to the parliament and accountable to the people they bear collective responsibility their executive functions comprises of both the determination of the policy as well as carrying its .....

N. Nagendra Rao and Co. Vs. State of Andhra Pradesh

Court: Supreme Court of India

Reported in: AIR1994SC2663; JT1994(5)SC572; 1994(3)SCALE977; (1994)6SCC205; [1994]Supp3SCR144

..... one of the tests to determine if the legislative or executive function is sovereign in nature is whether the state is answerable ..... where the monarch was the sovereign and all powers legislative executive or judicial vested in him it was observed by laski ..... survive sovereignty now vests in the poeple the legislature the executive and the judiciary have been created and constituted to serve .....

R.H. Bhatt Vs. Principal Chief Conservator of Forests and anr.

Court: Gujarat

Reported in: (1995)1GLR327

..... to the class of range forest officer survey as that would amount to usurping the executive function as is seen from the distinguishing features stated hereinabove the educational qualifications prescribed for the ..... well settled that equation of posts and determination of pay scales is the primary function of the executive and not the judiciary and therefore ordinarily courts will not enter upon the .....

Tata Cellular Vs. Union of India

Court: Supreme Court of India

Reported in: AIR1996SC11; [1994]Supp2SCR122

..... in england the judicial power of review is exercised to rein in any unbridled executive functioning the restraint has two contemporary manifestations one is the ambit of judicial intervention the ..... calcutta and bangalore iii territory manager sales for delhi hyderabad and madras iv sales executives for delhi madras kanpur chandigarh baroda kochhi calcutta bhopal poona and coimbatore these posts .....

Bashir Khan Vs. Ranger, Social Vaniki and ors.

Court: Rajasthan

Reported in: 1996ACJ115; [1995(70)FLR800]; (1995)ILLJ845Raj; 1994(2)WLC573; 1994(2)WLN164

..... constituted by the state and are invested with judicial as distinguished from purely administrative or executive functions vide durga shankar mehta v raghuraj air 1954 sc 520 at p 522 they ..... are invested with the state s inherent judicial powers a sovereign state discharges legislative executive and judicial functions and can legitimately claim corresponding powers which are described as legislative .....

Ramdas Shriniwas Nayak and Another Vs. Union of India and Others

Court: Mumbai

Reported in: AIR1995Bom235; 1995(3)BomCR301; (1995)97BOMLR809

..... courts of law instead of dispensing justice will have to take upon themselves administrative and executive functions 20 considering the facts and circumstances of the present case in the light ofthe ratio ..... public owned property is not to be dealt with at the absolute discretion of the executive certain precepts and principles have to be observed public interest is the paramount consideration one .....

State of Assam and anr. Vs. Niranjan Ghosh

Court: Guwahati

..... withdrawal of prosecution though grant of sanction made in a judicial process is an executive function and therefore satisfaction of the sanctioning authority from the investigation report and of the ..... code prosecution of an offender is primarily the responsibility of the executive 2 withdrawal from the prosecution is an executive function of the public prosecutor 3 the discretion to withdraw from .....

Rahmat Ullah and Vs. State of U.P. and ors.

Court: Allahabad

Reported in: II(1994)DMC64

..... the state when they are required to discharge their function he it the executive function or the legislative or a high judicial duty 36 ..... the process of law as compared to administrative ministerial or executive their lordships of supreme court observed as under as already ..... power of the state has been divided in three organs executive judicature consisting of high courts and the supreme court and .....

P.K. Poulose Vs. the State of Kerala and ors.

Court: Kerala

Reported in: AIR1995Ker234

..... issuing of a notification under section 67 1 is considered to be in administrative or executive function it should also be remembered that under section 84 there are certain general conditions which ..... and the provisions of lawmay legitimately do cannot be permitted to bedone by administrative or executive orders this position is so well established that we arereluctant to hold that in enacting .....

Sri Lakshmi Agencies and ors. Vs. Govt. of A.P. Rep by Chief Secretary ...

Court: Andhra Pradesh

Reported in: 1994(1)ALT341

..... the government taking sympathetic view and in exercise of its executive function may grant ex gratia relief and that by itself does ..... is committed by the public servant in discharge of statutory functions which are relatable to and ultimately based on the delegation ..... line between the so called sovereign and proprietory or commercial functions for determining the liability of the state the same view .....