statutory authority is required to do a thing in a particular manner - has to act within the four corners of the rules
when a statutory authority is required to do a thing in a particular manner, the same has to be done in that particular manner, as the State is acting under the statute being a creature of statute has to act within the four corners of the rules – speaking order -
PIL - Large scale malpractice - annexing of official documents
[ID 26] official documents are being annexed without even indicating as to how the petitioner came to possess them. - In one case, it was noticed that an interesting answer was given as to its possession. - It was stated that a packet was lying on the road and when out of curiosity the petitioner opened it, he found copies of the official documents.
[ID 25] Once a gift is complete, the same cannot be rescinded.For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift.
[ID 27] When a forgery is committed with a view to assist a person to make unlawful gain for himself or to cause unlawful loss to another, the matter should be viewed seriously.
[ID 13] Scope Wednesbury's Principles - 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 - All the relevant aspects were considered.
Courts should avoid a construction which would reduce the legislation to futility
[ID 24]The court's jurisdiction to interpret a statute can be invoked when the same is ambiguous. - But the intention of the legislature must be found out from the scheme of the Act.
Presiding Officers of the Designated Courts to enforce the Act effectively and inconsonance with the legislative intendment
[ID 15] unless the Presiding Officers of the Designated Courts discharge their judicial functions keeping in view the fundamental rights particularly of the personal right and liberty of every citizen as enshrined in the Constitution to which they have been assigned the role of - Presiding Officers of the Designated Courts to enforce the Act effectively and inconsonance with the legislative intendment which would mean that the application of mind.
[ID 23] SC - The polluter pays principle basically means that the producer of goods of other items should be responsible for the cost of preventing or dealing with any pollution that the process causes. This includes environmental cost as well as direct cost to the people or property, it also covers cost incurred in avoiding pollution and not just those related to remedying any damage. It will include full environmental cost and not just those which are immediately tangible. The principle also does not mean that the polluter can pollute and pay for it.
[ID 22] SC - (1) The law laid down by this Court in a decision delivered by a Bench of larger strength is binding on any subsequent Bench of lesser or co-equal strength - (2) A Bench of lesser quorum cannot doubt the correctness of the view of the law taken by a Bench of larger quorum. In case of doubt all that the Bench of lesser quorum can do is to invite the attention of the Chief Justice and request for the matter being placed for hearing before a Bench of larger quorum than the Bench whose decision has come up for consideration. It will be open only for a Bench of co-equal strength to express an opinion doubting the correctness of the view taken by the earlier Bench of co-equal strength
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