Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Judicial Restraint - In a writ petition filed u/Art. 226 alleging violation of the 2001 2002 and 2003 Rules High Court issued general comments on investigation issued a host of directions for constituting separate specialized cadre |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Judicial Restraint - In a writ petition filed u/Art. 226 alleging violation of the 2001, 2002 and 2003 Rules, High Court issued general comments on investigation, issued a host of directions for constituting separate specialized cadre and required an affidavit to be filed as to whether sanctioned strength of police is adequate or not to maintain law and order etc. - Propriety of- Held: High Court in a case of the present nature could not have issued such general directions which fell in the exclusive domain of the Legislature and/or ·were beyond the scope of the litigation - High Court while dealing with a lis is expected to focus on the process of adjudication and decide the matter - It cannot enter into the domain where amendment to legislations and other regulations are necessary - Court cannot take steps for jiwning a policy - There is a thin line that separates adjudication from legislation - Impugned order passed by High Court accordingly set aside - Practice and Procedure - Constitution of India -Art.226 - U.P. Excise Settlement of Licenses for Retail Sale of Foreign Liquor (excluding Beer and Wine) Rules, 2001 - U.P. Excise (Settlement of Licenses Retail Sale of Country Liquor) Rules, 2002- U.P. Excise (Settlement of Licenses· for Retail License for Model Shop of Foreign Liquor) Rules, 2003 - Penal Code, 1860 - ss.419, 420, 467, 468, 471. C D E F Constitution of India - Constitutional Scheme - Principle of separation of powers - Discussed. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2016 INSC 1083 |
Petitioner | State Of- Uttar Pradesh And Others |
Respondent | Subhash Chandra Jaiswal And Others |
SCR | [2016] 12 S.C.R. 131 |
Judgement Date | 2016-11-29 |
Case Number | 11381 |
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