Scope of judicial review of administrative decisions

In essence, the test is to see whether there is any infirmity in the decision-making process and not in the decision itself. The court has to find out if the administrator has left out relevant factors or taken into account irrelevant factors. The decision of the administrator must have been within the four corners of the law, and not one which no sensible person could have reasonably arrived at, having regard to the above principles, and must have been a bona fide one. The decision could be one of many choices open to the authority but it was for that authority to decide upon the choice and not for the court to substitute its view

Category: Jurisprudence   Posted on: September 7, 2022

When can an application under Section 151 of the CPC be filed to recall a final decree?

Section 151 of the CPC provides for Civil Courts to invoke their inherent jurisdiction and utilize the same to meet the ends of justice or to prevent abuse of process. Although such a provision is worded broadly, the Supreme Court has tempered the provision to limit its ambit to only those circumstances where certain procedural gaps exist, to ensure that substantive justice is not obliterated by hyper technicalities

Category: Jurisprudence   Posted on: September 7, 2022

When should a Judge recuse himself on ground of bias?

It is a well ­established principle, both in our jurisprudence and across the world, that “[N]ot only must justice be done; it must also be seen to be done”. whether there was a real likelihood of bias or not has to be ascertained with reference to right ­minded persons; whether they would consider that there was a real likelihood of bias

Category: Jurisprudence   Posted on: September 5, 2022