Decision

Definition.

Initial Environmental Examination approval being a quasi-judicial and appealable order can only be passed and signed by the Director General of the Agency and the Deputy Director is not competent to sign the same.

Explained.

Challenging decision of an Election Tribunal before the High Court under Art. 199 of the Constitution would make S.67(3) of the Representation of the People Act, 1976 redundant to some extent as the parties in such situation would have to file petition for leave to appeal instead of direct appeal before the Supreme Court, which was not the intention of the legislature

When a mechanism had been provided for the decision of disputes arising out of elections, it could not be permitted to be bypassed through constitutional jurisdiction of the High Court

High Court could only exercise jurisdiction under Art. 199 of the Constitution (exceptionally) when the order of Election Tribunal was illegal and aggrieved person became remediless and the candidate had been disqualified and disfranchised

Only in extraordinary circumstances would the High Court deviate from the general sanctified rule.

Law had not provided for an appeal against a decision given by the Supreme Court under Art. 184(3) of the Constitution.

Three basic ingredients of every decision are findings of fact both direct and inferential; Statement of principles of law applicable to legal terms disclosed by facts and judgment passed on combined effect of the above ingredients.

Basic ingredients.

Basic ingredients of `decision' enumerated.

Decision which was not inter-parties was irrelevant so far as parties who were not impleaded therein were concerned.

Appeal provision being hedged in by the requirement of a "decision" and the nature of decision suggested by reference to consequential orders in S. 67(1), Representation of the People Act, 1976, appeal is competent only against those decisions which conform to such enumerated or specified orders

Analogy of "case decided" mentioned in S . 115, C . P. C . was altogether different power which power was manifestly conceded for exercising superintendence and control and was confined to those orders in which no appeal lay.

[Appeal (civil)].

Finality given by Legislature to decision of certain Tribunal which also has jurisdiction to decide finally facts upon which its own jurisdiction founded-Decision, in such case, cannot be called into question in any collateral proceeding by another tribunal or body of limited jurisdiction.

Decision Judicial decision primarily applies to facts on which it is given

Decision Judicial decision is meant primarily to apply to facts on consideration of which it was given.

Precedent-Decision-Authority only for points mooted anti decided.