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Eduncle posted an MCQ
October 18, 2019 • 16:36 pm 0 points
  • UGC NET
  • Law

Discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary,

Discretion, when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful but legal and regular. This observation was made in

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    Reliance Airport Developers Pvt. ... vs Airports Authority Of India And ... on 7 November, 2006
    Discretion when applied to a court of justice, means sound discretion guided by law. It must be governed by rule, not by humour; it must not be arbitrary, vague and fanciful but legal and regular. Though the word, discretion literally means and denotes an uncontrolled power of disposal yet in law, the meaning given to this word appears to be a power decide within the limits allowed by positive rules of law as to the punishments, remedies or costs. This would mean that even if a person has a discretion to do something the said discretion has to be exercised within the limit allowed by positive rules of law.

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