Discretionary power

Such exercise of discretion can only be interfered with when reasons for exercise of discretion (i) are not just, fair and reasonable i.e. are not bona fide reasons which can take into account relevant considerations and do not take into account extraneous considerations, and (ii) are not reasons in pursuit of objects of the statute i.e. in pursuit of purposes for which such power has been granted

If exercise of discretion is found to be unreasonable or driven by extraneous considerations or inspired by objects other than objects of statute, exercise of discretion is then liable to judicial review

Decision maker is under obligation under Art.4 of the Constitution to act in accordance with law

Discretion vested in an authority by law cannot be fettered

Discretion is to be exercised by authority it is vested in, in a just, fair and reasonable manner

Exercise of discretion for extraneous considerations amounts to unlawful exercise of such authority.

In matters of economic discretionary powers, a broad and expansive leavay is granted to government and courts have always shown restraint in the analysis of such matters in their power of judicial review.

Such discretion was to be exercised liberally to promote the ends of justice and to determine the real controversy in-between the contesting parties

While submitting written statement, besides replying to the amended paragraphs of plaint, the defendant could take pleas which were available to him, under the law

Court, however, would not authorize the defendant to resile from the admission made in the earlier written statement or add a new or inconsistent case, as already pleaded in earlier written statement

Admission made by a party to the lis in the pleadings could not be revoked without express permission of the court.

No party to a lis could demand the transfer of a case as a matter of right, and it was for the Judge of the High Court to take all the ambient circumstances into consideration before allowing any application for transfer of a case from one Banking Court to another

Before invoking its power to transfer a case, the High Court should see as to whether in the background of the peculiar facts of a case, it would be appropriate, expedient and conducive to the interests of justice to pass a transfer order; whether the transfer order would relieve the parties of their hardships in pursuing the case or it would compound the miseries and whether it would make things easier for witnesses to be produced by the parties to the lis.

Supreme Court, while exercising discretionary power has to look into the conduct of petitioner on the principle that he who seeks equity must come with clean hands.