Question

Malafide exercise of power is abuse of power

Answer 1

Answer:

Malafide Exercise of Power: In G. Sadanandan v. State of Kerala [16] , the Supreme Court held that a mala fide exercise of discretion is nothing butabuse of power. ... Therefore, the court by quashing the order, said that executive by merely declaring an opinion does not mean that the order would not be scrutinized.

Explanation:

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Answer 2

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The definition of Administrative discretion is offered by many but there only few which are worth mentioning. Prof. Freund [3] said that:

“When we speak of administrative discretion, we mean that a determination must be reached, in part at least, upon the basis of consideration not entirely susceptible of proof or disproof… It may be practically convenient to say that discretion includes the case in which the ascertainment of fact is legitimately left to administrative determination.”

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