Category: Governance Through Administrative Actions

ISSUE:

Whether the decision of the Bombay Government to requisition land under the Bombay Land Requisition Ordinance of 1947 is a judicial, quasi-judicial, or administrative act?

Whether the High Court has jurisdiction to issue a writ of certiorari against the Provincial Government?

RULE:

Purpose for an inquiry as a preliminary step to take a decision must be seen and a mere fact that an executive authority has to decide something does not make the decision judicial.

A writ of certiorari does not lie to remove an order which is of an administrative or ministerial nature.

ISSUE:

Whether a notification issued by the Central Government imposing a ban on the manufacture, sale and distribution of a drug named "Gatifloxacin" is valid?

RULE:

Courts are not expected to supply any omission as per principles of interpretation of statutes.

Principles of natural justice are not a pre-requisite for legislative functions.

The courts are obliged to apply the "precautionary principle" in situations in which there is a risk to human health.

ISSUE:

Whether the absence of specific rules for disposing of urban agricultural property under the Displaced Persons (Compensation and Rehabilitation) Act, 1954, invalidates such sales conducted through administrative directions?

Whether the delegated authority under Section 33 of the Act had jurisdiction to extend the time for depositing the balance purchase price after the initial deadline?

Whether the failure to provide notice and an opportunity of hearing to the respondents violated principles of natural justice and invalidated the orders favoring the appellant?

RULE:

Exercise of Powers Without Rules: Statutory powers can be exercised even in the absence of rules unless the statute explicitly mandates otherwise. The phrase "subject to rules" indicates optional compliance if rules exist but does not preclude action without them.

Principles of Natural Justice: Orders affecting parties must adhere to natural justice by providing notice and a fair opportunity to be heard before decisions are made.

ISSUE:

Whether the Export Promotion Scheme creates enforceable obligations on the government or is merely administrative in character?

Whether the Textile Commissioner acted arbitrarily in reducing the import entitlement without adhering to principles of natural justice?

Whether the government is bound by its representations under the doctrine of promissory estoppel in the absence of a formal contract?

RULE:

Promissory Estoppel Doctrine: The government cannot arbitrarily renege on representations made in schemes or policies upon which individuals have acted to their detriment, even if such representations are not formalized contracts.

Principles of Natural Justice: Administrative authorities must act fairly, providing affected parties an opportunity to be heard and disclosing relevant evidence when decisions adversely impact their rights.