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High Court
8
has wrongly applied the principle of Wednesbury unreasonableness. Learned
counsel placed reliance on the judgments of this ... High Court by applying
the principle of Wednesbury unreasonableness as well as the doctrine of
proportionality. Before that
Supreme Court of India
approvingly quoted the observations Lord Diplock and explained
"Wednesbury unreasonableness": -
'The modern statement of the principle is found ... mean what can now be succinctly referred to as
"Wednesbury unreasonableness". (Associated Provincial Picture Houses
Ltd. v. Wednesbury Corpn
Calcutta High Court
must
give effect to it.
(ii) Irrationality namely, Wednesbury unreasonableness.
(iii) Procedural impropriety."
4. As a matter of fact ... Court did in fact go into the issue of
Wednesbury unreasonableness and noted the decision of R v. Askew
Andhra High Court
irrational
so as to attract the principles of Wednesbury Unreasonableness. In
Om Kumar and others v. Union of India ... unreasonable so as to attract the principles of
Wednesbury unreasonableness or Article 14 of the Constitution of
India.
13. Referring
Andhra High Court
free from
arbitrariness, mala fides and ''Wednesbury'' unreasonableness. To
elaborate as to what is meant by the principle of ''Wednesbury ... court can interfere.''
14. Thus, the doctrine of ''Wednesbury unreasonableness'' or
irrationality applies to a decision which is such that
Delhi High Court
must
give effect to it.
(ii) Irrationality, namely, Wednesbury unreasonableness.
(iii) Procedural impropriety.
The above are only the broad grounds ... intervention".
78. What is this charming principle of Wednesbury unreasonableness?
Is it a magical formula? In R. v Askew, Lord
Karnataka High Court
Delhi High Court
K.N. Sharma vs Chief General Manager, State Bank ... on 2 July
Delhi High Court
prescribed mode of exercise of the power or is unreasonable.
If this is shown, then the burden is shifted ... mast
give effect to it. '
(ii) Irrationality, namely, Wednesbury unreasonableness. It applies
to a decision which is so outrageous
Calcutta High Court
impropriety, material
irregularity, irrationality, unreasonableness, unfairness, illegality
and does not satisfy the test of Wednesbury reasonableness, is against
public interest
Gujarat High Court
Gujarat High Court
Hindustan Door Oliver Ltd. vs Vadodara Municipal Corporation ... on 20 June, 1998
Gujarat High Court
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