Ak Kraipak Vrs Union of India a Case Study

They appealed on penalty, The hearing officer made fundamental errors in both principals and law. She considered disciplinary matters for 1999 and 2000 which clearly postdated 1997 offence, when making the decision of the 12 day suspension she clearly had antecedents in her mind. Clearly they where not antecedents and should not have been considered. After getting a new hearing they decided that

“The impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion;”

A “recommended” approval was defined as a candidate that would be able to “satisfactorily” perform as a judge or justice. The Bar Association defines its “not recommended” reasoning as a candidate, based on legal ability, experience or integrity being inadequate in performing satisfactory work in the courts.

Clegg case is the most recent and instructive dissertation on this vexed issue. The presiding judge, Justice Hoeben, referred to the previous case of Kilpatrick. There Foster J indicated that the obligations of the Tribunal are clearly satisfied if, in approaching the question of excessiveness, it has regard to matters in paragraphs (a) and following, in

Tarr, G. A. (2014). Judicial Process and Judicial Policymaking, 6th Edition. [MBS Direct]. Retrieved from

•Under Appeal, should not the Appeal's Board be the determiners of whether the clause is implemented.

Facts of the case (Summary of facts of case and its journey to Supreme Court)

This method has a nonpartisan commission of lawyers and non-lawyers, who are tasked with the duty to locate, recruit, investigate, and evaluate applicants for judgeships. From here, the commission submits the names of the highest qualified applicants (those with the greatest merits) to the appointing authority, who will the make a selection from the list.

The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and

Lord Bingham, the former Lord Chief Justice, said that “the justices are chosen for their qualities of fairness, judgement and common sense, alert to the needs and concerns of the communities they serve and enabling local issues to be determined locally by local people. And, in the eyes of the public, they have one great advantage: that they are free of the habits of thought, speech and bearing which characterise professional

Issue 2 and 5: The Court noted that the exclusion of principles of natural justice (PNJ) is a well known concept and the legislature has the competence to enact such laws. Whether the exclusion of application of PNJ would vitiate the entire proceedings would depend upon the nature and facts of every case in the light of the Act or Rules and Regulation applicable to the case. The Court, then, read into various provisions of the Act and the Competition Commission of India (General) Regulations, 2009 in order to determine the nature of functions of the Commission under various provisions. The Court found that at the face of it, the exercise of power u/s. 26(1) of the Act while forming prima facie opinion is inquisitorial and regulatory. It held that while forming prima facie opinion, the Commission does not condemn anyone. This function is not adjudicatory in nature but merely administrative. This function is in the nature of preparatory measures in contrast to the decision making process and hence

This is an appeal against a decision of the full count of the supreme court of western

To critically evaluate the impact of the cases R v Bugmy and R v Munda on the existing case law.

Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud.

The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every