This category focuses on administrative decision-making and the legal limits on public power, including principles of fairness, reasonableness, and accountability in State action.
Articles in this section draw from my experience in legal practice and research. I cover judicial review, natural justice, delegated legislation, administrative discretion, remedies against arbitrariness, and practical issues arising before tribunals, authorities, and constitutional courts.
INTRODUCTION The Delhi Municipal Corporation Act 1957 (hereinafter DMC Act) grants power to Commissioner to issue an order of demolition of structures or buildings in Delhi under Chapter XVI of the DMC Act. The commissioner is appointed as per Section 54 and empowered under Section 330A of the DMC Act. Chapter XVI states confer a … Read more
It is well settled that if a particular procedure in filling up the application form is prescribed, the application form should be filled up following that procedure alone. This was enunciated by Privy Council in the Nazir Ahmad v. King Emperor [1936 SCC OnLine PC 41] , wherein it was held that: “that where a … Read more
Insurance Company has an inherent right to appoint Surveyor to assess insurance claims but such right can be exercised for valid reasons or if the report is found to be arbitrary and that Insurance Company must give cogent reasons without which it is not free to appoint the second Surveyor.