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In recent years the question whether a taxpayer can recover a payment which a public authority had no right to demand has occupied the attention of courts and jurists. Professor Jones’s study in his chapter on Restitutionary Claims against Public Authorities is a comparative one, concluding with “An Indian Postscript” in which he examines the Indian case law. In the past, practitioners have tended to neglect the potentiality of a claim against a wrongdoer (fiduciaries, criminals, infringers of intellectual property rights, and tortfeasors) for the profits gained from his wrongful act. The chapter on Restitutionary Claims against Wrongdoers speculates on the success of the claim against a defendant, who wrongfully repudiates a contract, for the profits made from the breach. The third chapter deals with the Recovery of Benefits Conferred under Contracts which are or become ineffective. Different Principles and different concepts determine the success of money claims and those for services rendered and goods delivered. Is this conceptual asymmetry desirable or inevitable, given the nature of the benefit conferred? Is it important to know why a contract is ineffective and is it permissible to examine the terms of that ineffective contract in determining whether a benefit has been conferred and in valuing the benefit? The final chapter is Restitutionary Claims arising from Necessitous Intervention. A person may act under compulsion of law or he may act from moral compulsion, when he intervenes in an emergency to save the life or property of another. It is this latter restitutionary claim, based upon intervention in an emergency, which forms the substance of the chapter. Should altruism be its own reward? Professor Jones suggests that a restitutionary claim is desirable, but that it should be rigorously fenced in.

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There is still a good deal of confusion regarding the meaning of the word ‘Tribunal’. Why is a body called a tribunal and not a court? This study undertakes a critical examination of “tribunal” as a concept and suggests criteria which distinguish it from a court on the one hand and a quasi-judicial body on the other. It analyses the statutory provisions to identify the types of tribunals, their powers, procedures, provision for appointment of members, for appeals, etc. Tribunals are alternatives to courts and they contribute to increasing the access to grievance redressal as well as to adjudication of disputes. Very few studies on administrative process have been conducted in India, and this is, a pioneering attempt in that direction. As former Chief Justice Chandrachud asserts in his foreword, Dr. Sathe’s book will serve a long-felt need.

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The practical application of the law as stated in the Constitution and other sources of law go a long way in creating effective governance.Effective governance in turn, goes far ahead in making a peaceful and well-ruled state. Administrative Law by SP Sathe primarily focuses on the working of the law in the system of governance. The book in its current edition seeks to introduce to the reader, in its characteristic simple language, the various aspects of administrative law and has been written keeping in mind the student of law. This branch of law deals with delegated powers and procedure of nonjudicial and non legislative wings of the government and with the judicial review of their deliberations and decisions. It takes into account the changes that have occurred in the economy from being a controlled one, with the public sector wielding the baton, to being a liberalized economy, with reduced control to the government.The book will be extremely useful for students of law as well as for practicing lawyers for an easy and comprehensive grasp of the concepts of administrative law.

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The book takes into account the development in English common law which continues to influence the law in this field in the Indian subcontinent. The current edition’s main thrust is to focus on the impact of Human Rights legislation on the scope of judicial review, not only in dismantling the traditional distinction between the legality and merits of impugned decisions and actions of public authorities, but also in extending it into those of private individuals and institutions, such as corporate businesses. Among other important aspects, there is also discussion on the evaluation and reform of the existing judicial remedies. The book draws the readers attention to the appropriate solutions to the problems while at the same time dealing with existing laws. • Review of Fact and Law • Judicial Control of Administrative Discretion:Anglo-American Perspectives Discretion in the Indian Sub-continent • Natural Justice • Remedies • Constitutionalisation of Private Law under the Human Rights Act 1998 – Horizontal versus Vertical Effect of the Act

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Craig

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