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See Also:
- ADMINISTRATIVE LAW - Exercise of Discretion By Administrative Body - Extent of the scope of the review of the exercise of discretion made by an administrative body
"The scope of the review of the exercise of discretions is subject to several factors. Mention may be made of the wording of the discretionary power, the subject matter, the…
- ADMINISTRATIVE LAW - Exercise of Discretion By Administrative Body - What the exercise of discretion entails
"The concept of discretion even in its legal usage, implies power to make a choice between alternative courses of action. Thus where the exercise of a discretion is vested, it…
- APPEAL: Exercise of Discretion - Circumstances in which the appellate court will interfere with the exercise of discretion made by a trial court
"It is well settled that if judicial discretion has been exercised bonafide uninfluenced by irrelevant considerations and not arbitrarily or illegally by the lower Court, an appeal Court will not…
- APPEAL - Interference With The Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"For this Court to interfere, the circumstance must be such that the findings of fact are patently erroneous and it would be travesty of justice to allow the findings to…
- APPEAL - Interference With The Exercise of Discretion - Attitude of an appellate court to the exercise of discretion made by lower courts; instances where an appellate court will interfere with the exercise of discretion made by a lower court
"...that appellate Courts would invariably respect the exercise of the discretion of Courts below to control the conduct of proceedings in their Courts. They would however interfere with the exercise…