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1984 Supreme(MP) 804

V.D.GYANI, P.D.MULYE
KAMLESHKUMAR CHHABRA – Appellant
Versus
STATE – Respondent


Advocates Appeared:
G.M.CHAPHEKAR, S.KULSHRESTHA, V.S.KOKJE

V. D. GYAN1, J.

( 1 ) THIS petition poses a problem as to how best suitable balance should be struck between the statutory executive power and legal protection to the citizen. Modern Government demands discretionary powers, which are as wide as they are numerous. It is the attitude of the Courts to such seemingly unbounden powers, which is perhaps the most revealing feature of an executive administrative authority. In this connection the first requirement is the recognition that all power has legal limits. The next requirement, no less vital is that Courts should draw those limits in a way which strikes the most suitable balance between executive power and legal protection extended and available to the citizen. It has been upon public authorities is not absolute, even within its apparent boundaries, but is subject to general legal limitations. It goes without saying that Legislature can never be taken to have intended to give any statutory body or authority a power to act in bad faith or a power to abuse its powers. It is for the Courts to see that the power is being exercised within the scope of the statutory authority given by the Legislature. Be it discretionary, for discretion




















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