Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
The HC dismissed the appeal filed by members of the NCLT Advocates Bar Association challenging the denial of basic facilities at the NCLT Kolkata Bench and its relocation. The Court held that matters concerning infrastructure allocation and the location of judicial forums fall within the exclusive administrative discretion of the executive, specifically the Ministry of Corporate Affairs, and are not subject to judicial interference absent demonstrable illegality, arbitrariness, or constitutional violation. Upholding the doctrine of separation of powers, the HC emphasized judicial restraint, recognizing that courts must not encroach upon executive functions. The Court found no grounds to override the executive's decision regarding the relocation and improved facilities, thus declining to issue any directive. Consequently, the appeal was dismissed, affirming the administrative authority's prerogative in managing tribunal infrastructure and location.
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