SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2016 Supreme(Tri) 331

S.TALAPATRA
Jogendra Debbarma, son of late Harinanda Debbarma – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the Petitioners:Ms. P. Dhar, Advocate
For the Respondents:Mr. B. C. Das, Advocate General, Ms. A. S. Lodh, Addl. G.A., Mr. B. Majumder, C.G.C., Mr. B. Dutta, Advocate, Mr. K.K. Pal, Advocate

JUDGMENT & ORDER :

1. In Mohinder Singh Gill and another vs. The Chief Election Commissioner, New Delhi and others, reported in AIR 1978 SC 851, Krishna Iyer, J, speaking for the bench, has observed as under:

“Once we understand the soul of the rule as fair play in action-and it is so-we must hold that it extends to both the fields. After all, administrative power in a democratic set-up is not allergic to fairness in action and discretionary executive justice cannot degenerate into unilateral injustice. Nor is there ground to be frightened of delay, inconvenience and expense, if natural justice gains access. For fairness itself is a flexible, pragmatic and relative concept, not a rigid, ritualistic or sophisticated abstraction. It is not a bull in a china shop, nor a bee in one's bonnet. Its essence is good conscience in a given situation; nothing more-- but nothing less.”

2. This court is reminded of that passage when confronted with the challenge raised by the petitioners in this writ petition. The petitioners have inherited some land situated in Mouja Brajapur, Tehsil Uttar Charilam, Sub-Division: Bishalragh, District: Sepahijala and comprised in Khatian No.1659/1 and 1659/2. Witho











































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top