Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
Highlights
D. Forum
What's New

Share:      

        Home        
 

TMI Blog

Home

1994 (1) TMI 305

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... e made several representations for higher amount not being satisfied with the said reward. To the lawyer notice reply was sent stating that petitioner has no statutory right for the reward and the amount already given is adequate. Petitioner challenged the said order before this Court in O.P. 9014 of 1982. This Court by Ext. P-1 judgment directed to reconsider the matter and pass fresh orders in the light of the observations contained in the judgment. Against Ext. P-1 judgment, Writ Appeal 355 of 1984 was filed. The writ appeal was dismissed making it clear that the authorities have a discretion to grant reasonable reward to the petitioner bearing in mind the valuable information supplied by him which resulted in substantial recovery of con .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... d respondent and it cannot be subjected to judicial review. It is also contended by him that the information given by the petitioner was not fully correct though ultimately it proved to be beneficial to the State and though petitioner was not really entitled to any reward additional amount of ₹ 25,000/- was sanctioned as per Ext. P-7 on the basis of the judgment of this Court in O.P. 7874 of 1986 and he is not entitled to any additional amount. 4. In the judgment in W.A. 355 of 1984 it was made clear that the authorities have a discretion to grant reasonable reward to the petitioner bearing in mind the valuable information that was furnished by him and which resulted in substantial recovery of contraband goods. As there is no sta .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... rcised reasonably and in good faith, that relevant considerations only must be taken into account and that there must be no malversation of any kind or that the decision must not be arbitrary or capricious. When the Parliament confers power on any authority to be used in its discretion, it is obvious that the discretion ought to be that of the designated authority and not that of the court. It may not be possible for the Court to substitute its decision over a matter decided by an authority using its own discretionary power. 7. When the administrative authority is given discretionary power, it has to be exercised by that authority and it cannot be interfered by the Court so long as there was no discrimination in its exercise. When disc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || Database || Members || Refer Us ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map ||