Supreme Court of India

State of U.p and Anr. v. Johri Mal

Neutral citation

Reported as [2004] SUPP. 1 S.C.R. 560

Bench V.N. Khare, Brijesh Kumar and S.B. Sinha JJ.

Decided 21 April 2004

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

7 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that the impugned judgment cannot be sustained which is set aside accordingly.

Judgment, page 41

From the headnote

Constitution of India, 1950-Article 226-Judicial Review under Scope of-Held: Power of judicial review cannot assume supervisory governance under rule of law or areas reserved by supreme lax-Also decisions or actions not. having adjudicative disposition are not subject to judicial review-Scope of review is limited-While exercising the power, the court is concerned with the decision 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_etermined in each

Authorities it was built on

1990 Kumari Shrilekha Vidyarthi Etc. Etc v. State of U.P. and Ors. cited by 50
2004 Union of India v. Naveen Jindal and Anr. cited by 19
1994 State of Gujarat v. Meghji Pethraj Shah Charitable Trust cited by 5

Where later benches applied it

2016 State of Punjab & Anr. v. Brijeshwar Singh Chahal & Anr. relied on
2015 State of U.P. & Ors. v. Ajay Kumar Sharma & Anr relied on
2017 The State of Maharashtra & Anr. v. Kishor M. Gadhave Patil & Ors. referred to
2015 Nawal Kishore Mishra & Ors. Etc. v. High Court of Judicature at Allahabad through its Registrar General & Ors. Etc. referred to
2013 Deepak Aggarwal v. Keshav Kaushik and Others referred to
2012 Mahesh Chandra Verma & Ors. v. State of Jharkhand & Ors. mentioned
2015 Union of India v. V. Sriharan @ Murugan & Ors. distinguished

Of those, 2 relied on · 1 distinguished · 3 referred to · 1 mentioned

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