Mangalam Organics Ltd vs Union of India - Supreme Court

 Mangalam Organics Ltd vs Union of India - Supreme Court Important Judgment 2017 - 


 On 24th April, 2017, in the case of M/s Mangalam Organics Ltd v. Union of India [Civil Appeal No. 1338 of 2017], it was held that “when ‘power’ is given to the Central Government to issue a notification to the effect not to recover duty of excise or recover lesser duty than what is normally payable under the Act, for deciding whether to issue such a Notification or not, there may be various considerations in the mind of the Government. Merely because conditions laid in the said provisions are satisfied, would not be a reason to necessarily issue such a notification. It is purely a policy matter.”

 It was held that though “the principle against arbitrariness has been extended to subordinate legislation as well”, but “at the same time, the scope of judicial review in such cases is very limited. Where the statute vests a discretionary power in an administrative authority, the Court would not interfere with the exercise of such discretion unless it is made with oblique end or extraneous purposes or upon extraneous considerations, or arbitrarily, without applying its mind to the relevant considerations, or where it is not guided by any norms which are relevant to the object to be achieved.” 


Popular posts from this blog

संविधान की प्रमुख विशेषताओं का उल्लेख | Characteristics of the Constitution of India

भारतीय संविधान से संबंधित 100 महत्वपूर्ण प्रश्न उतर

संविधान के अनुच्छेद 19 में मूल अधिकार | Fundamental Right of Freedom in Article 19 of Constitution