Supreme Court · 2004 INSC 299 · Decided 21 April 2004
State of U.P and ANR. v. Johri Mal
- Court
- Supreme Court of India
- Citation
- 2004 INSC 299 · [2004] SUPP. 1 S.C.R. 560
- Case number
- CIVIL APPEAL No. 963/2000
- Decided
- 21 April 2004
- Bench
- V.N. KHARE, BRIJESH KUMAR, S.B. SINHA (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 24; Constitution Article 226, 309, 13, 166(3)
Headnote
Constitution of India, 1950-Article 226-Judicial Review under­ Scope of-Held: Power of judicial review cannot assume supervisory C governance under rule of law or areas reserved by supreme lax-Also decisions or actions not. having adjudicative disposition are not subject to judicial making process than merit of the decision for which it has to reappreciate findings of facts-Furthermore, State's action is subject to judicial review when there is a public law element-This is D d_etermined in each case having regard to the nature and authority vested in the State-Nature of
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