Quasi Judicial Power

• when statue vests with an authority power to take decisions, such power partakes a quasi-judicial complexion

State cannot act Arbitrarily

• Decisions cannot be arbitrary
• Should explain the reasons.
• All decisions should be reasoned
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Singular includes plural also

• singular includes plural unless the context requires otherwise

creature of an act should be within limits of the act

• the Commission should necessarily act within the parameters prescribed by the Act creating it and the confines of jurisdiction vested in it by the Act
• in the absence of any power, a delegate cannot sub-delegate its power to another person

if initial action is illegal

• if initial action is illegal, all subsequent and consequential proceedings are null and void
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Alternative and Inconsistent Claim

• Alternative - Inconsistent

State should act as parent

• doctrine of parens patriae
• Court is required to exercise parent patriae jurisdiction and compel the parties to do something which is in the best interest of the child.

Due Process

• Substantive Due Process

Natural Justice

• a person who is required to answer a charge must know not only the accusation but also the testimony by which the accusation is supported.
• notice not required for surprise inspection

Power of Court

• an appellate Court has the same power arising in the appeal before it,

Res lpsa loquitor = The thing speaking for itself

Petitioner should come with clean hands

• Plaintiff must disclose all litigation with defendants pending on the date

Basic Structure of constitution

Cannot be left without remedy

• aggrieved person cannot be left without remedy

Prosecution has to prove the case on its on legs

• the prosecution has to prove the case without relying upon the defence
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Existence of power and exercise of power

• whether a power exists cannot be derived from whether and how often it has been exercised.

Court cannot read anything into a statutory provision which is plain and unambiguous

• the court cannot read anything into a statutory provision which is plain and unambiguous

Legal maxims

• Legal Maxims

Interpretation of Statutes

• if the words are clear, plain, unambiguous and reasonably susceptible to only one meaning, give to the words that meaning, irrespective of the consequences.
• in interpreting a statute, effort should be made to give effect to each and every word used by the Legislature
• the interpretation which serves the object and purport of the Act must be given effect to
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Executive cannot overrule legislation

• by administrative instructions the statutory powers could not be intermeddled or impeded.

doctrine of necessity

• SUPREME COURT OF INDIA VERSUS SUBHASH CHANDRA AGARWAL

Cannot invent new reasons

• it was not proper for the judge to raise the issue which was not claimed initially
• The action sought to be sustained should be with reference to the contents of the impugned order/communication

Repeal of a statute - Rule - Notification

• Repeal could undo whatever had already been done under it prospectively