Executive Function - Judgment Search Results

Gujarat Forest Producers, Gatherers and Forest Workers Union Vs. State ...

Court: Gujarat

Reported in: (2004)2GLR568; (2004)IIILLJ259Guj

..... have nothing to do with production or distribution of goods or services 25 6 when executive functions are exercised in the name of the governor by the ministers officers of a ..... as merely a closed category of indispensable and regal functions the description governmental is wider than executive or administrative executive or administrative functions are at the heart of the government they are .....

Thiru. R. Gandhi President, Madras Bar Association Vs. Union of India ...

Court: Chennai

Reported in: [2004]120CompCas510(Mad); (2004)2CompLJ274(Mad); 2004(2)CTC561; [2004]52SCL79(Mad)

..... by the state and are invested with judicial as distinguished from purely administrative or executive functions they are both adjudicating bodies and they deal with and finally determine disputes between ..... constitutional guarantee of an independent judiciary and separation of the judiciary from legislative and executive functions can amount to very little subject only to articles 32 226 and 227 if .....

Rakesh Kumar Sharma and ors. Vs. State of U.P. and anr.

Court: Allahabad

Reported in: 2004(3)AWC2234

..... observations it cannot however be assumed that the legislative functions are exclusively performed by the legislative executive functions by the executive and judicial functions by the judiciary alone the constitution has not ..... shyamsundar 1962 2 scr 339 air 1961 sc 1669 in the performance of the executive functions public authorities issue orders which are not far removed from legislation and make .....

Sher-i-kashmir National Medical Institute Trust Vs. State of J and K a ...

Court: Jammu and Kashmir

..... government in the exercise of its governmental public or executive functions and the doctrine of executive necessity or freedom of future executive action cannot be invoked to defeat the applicability of ..... rectitude while dealing with its citizens there was a time when the doctrine of executive necessity was regarded as sufficient justification for the government to repudiate even its contractual .....

Sri M.V. Dixit and ors. Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: ILR2004KAR3802; 2004(6)KarLJ69

..... neither of these articles articles 162 and 73 contain any definition as to what the executive function is and what activities would legitimately come within its scope they are concerned primarily with ..... have already stated it does not follow from this that in order to enable the executive to function there must be a law already in existence and that the powers of the .....

Clariant International Ltd. and anr. Vs. Securities and Exchange Board ...

Court: Supreme Court of India

Reported in: AIR2004SC4236; IV(2004)BC449; [2004]122CompCas112(SC); (2004)4CompLJ52(SC); JT2004(7)SC69; (2004)4MLJ122(SC); 2004(7)SCALE180; (2004)8SCC524; [2004]54SCL519(SC); 2005(1)LC1

..... administrative law and administrative tribunal executive functions of the state calls for exercise of discretion the executive also thus performs quasi judicial and quasi legislative functions and in this view of ..... upon the board its duties and functions thereunder run counter to the doctrine of separation of powers integration of power by vesting legislative executive and judicial powers in the .....

State of Punjab Vs. Nestle India Ltd. and anr.

Court: Supreme Court of India

Reported in: (2004)189CTR(SC)501; [2004]269ITR97(SC); 2004(5)SCALE529; (2004)6SCC465; [2004]136STC35(SC)

..... the government in the exercise of its governmental public or executive functions and the doctrine of executive necessity or freedom of future executive action cannot be invoked to defeat the applicability of ..... the enactment meaningless and superfluous where the field is occupied by an enactment the executive has to act in accordance therewith particularly where the provisions are mandatory in nature .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court: Jammu and Kashmir

Reported in: 2004(3)JKJ66

..... learned chief justice pointed out that the state can carry on executive function by making a law or without making a law the exercise ..... whether it is under authority of law or in exercise of executive power without making of law the state cannot therefore act ..... review do not ordinarily interfere with the policy decisions of the executive unless the policy can be faulted on grounds of mala fide .....

Manju Agro Pvt. Ltd. Vs. State of Chhattisgarh and ors.

Court: Chhattisgarh

Reported in: AIR2004Chh18

rules 2002 have been framed by the state in its executive powers and they were notified in the official gazette on

Sadgi Investment (P.) Ltd. Vs. State of U.P. and ors.

Court: Allahabad

Reported in: 2004(3)AWC2510

..... in most courts hence this court should exercise restraint and not interfere with the executive function of granting exemption or not granting exemption 16 this court cannot ordinarily interfere in ..... that the court will be slow to interfere in such matters relating to administrative functions unless the decision is tainted by any vulnerability enumerated above like illegality irrationality and .....