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significant facet. There is no unfettered
discretion in public law. A public authority possesses
powers only to use them ... significant facet. There is no unfettered discretion in
public law: A public authority possesses powers only to use
them
Supreme Court of India
arbitrariness and Rule of Law- To be determined in the
larger public interest Open to judicial review.
The appellant-Corporation ... significant facet. There is no unfettered
discretion in public law. A public authority possesses
powers only to use them
Supreme Court of India
Gujarat High Court
Indulal K. Yagnik vs State And Ors. on 4 May, 1962 Equivalent
Gujarat High Court
Edition to contend that there is no unfettered discretion
in public law:-
" There is no unfettered discretion in public ... person empowered that the discretion is absolute.
Plainly this can have no application in public law.
For the same reasons
Bombay High Court
Supreme Court of India
Tata Cellular vs Union Of India on 26 July, 1994 Equivalent
Supreme Court of India
Australian Law Journal Reports 327,
referred to.
Public Law and Politics-edited by Carol Harlow, referred to.
3.8 Therefore ... usurp the discretion of the public authority which is
empowered to take the decisions under law and the court
Supreme Court of India
compel performance in a proper and lawful
manner of discretion conferred upon Government/public
authority - Competency of High Court.
Civil ... public
20
authority should have passed or given had it properly and
lawfully exercised its discretion
Supreme Court of India
given rise to some unrest amongst employees
of various public sector undertakings who filed a Writ
Petition directly in this ... further observed that there is no
unfettered discretion in public law and a public authority
possesses powers only
Supreme Court of India
proper and lawful manner of the
discretion conferred upon the government or a
public authority, and in a proper case ... public authority
should have passed or given had it properly and
lawfully exercised its discretion. "
[Emphasis supplied]
In Mansukhlal Vithaldas
Supreme Court of India
Though the facts and provisions of the relevant law have
been set out in the judgment prepared by B. Sudershan ... shares being held by the public and by institutions,
has to be in larger public interest as well
Supreme Court of India
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