Arbitrary - Judgment Search Results

S.P. Gupta Vs. President of India and ors.

Court: Supreme Court of India

Reported in: AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... and meaningful consultation with the chief justice of india would provide sufficient safeguards against arbitrary exercise of power and accordingly the contention that in order to insulate the judiciary ..... of india functions under the constitution as a constitutional check on the exercise of arbitrary power and protects the independence of the judiciary the position relating to additional judges .....

Barun K. Sinha and anr. Vs. District Magistrate, Murshidabad and ors.

Court: Kolkata

Reported in: AIR1982Cal19

..... governed by rule of law the executive government or any of its officers should possess arbitrary powers over the interests of individual every action of the executive government must be ..... restraints inherent in its position in a democratic society a democratic government cannot lay down arbitrary and capricious standards with whom it will deal therefore from these decisions cited hereinbefore it .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court: Jammu and Kashmir

..... forbid reasonable classification for the purpose of legislation that classification however cannot be arbitrary but must rest upon some real and substantial distinction beating a reasonable and just ..... by relevant data and material that classification was administratively perverse and palpably arbitrary the independents are almost always elected on account of their own influence which they carry .....

Manohar P. Kharkhar and Another Vs. Raghuraj and Another

Court: Mumbai

Reported in: (1981)IILLJ459Bom

..... petitioners and their unsuitability to head the departments under them can be said to be arbitrary or not depends on what inefficiency and carelessness can be attributed to the personnel of ..... authorities under the act regulations framed initially in 1959 could never have intended to authorise arbitrary termination 82 secondly the power under regulation 48 cannot be exercised in the vacuum the .....

San Diego Gas and Elec. Co. Vs. City of San Diego

Court: US Supreme Court

..... fifth amendment taking outside of the eminent domain context thus a local entity s arbitrary unconstitutional exercise of the police power which deprives the owner of the beneficial ..... constitutionally mandated remedy of just compensation when a local government entity has a imposed arbitrary excessive and unconstitutional land use regulations b commenced but later abandoned direct acquisitive .....

Allstate Ins. Co. Vs. Hague

Court: US Supreme Court

..... aggregation of contacts creating state interests such that choice of its law is neither arbitrary nor fundamentally unfair application of this principle to the facts of this case persuades ..... parties and the occurrence creating state interests such that application of its law was neither arbitrary nor fundamentally unfair accordingly the choice of minnesota law by the minnesota supreme court .....

Biju Patnaik Vs. Wealth-tax Officer

Court: Income Tax Appellate Tribunal ITAT Delhi

Reported in: (1983)3ITD693(Delhi)

..... a rule of evidence the contention of the learned departmental representative was that since an arbitrary multiplier has been fixed under rule 1bb this makes the rule a substantive one we ..... are of the opinion that this alleged arbitrary multiplier is really not arbitrary if we look at the report of the committee which recommended the amendment .....

Schweiker Vs. Gray Panthers

Court: US Supreme Court

..... administration of public assistance based on the use of a formula is not inherently arbitrary to require individual factual determinations of need would dissipate in factfinding resources that could ..... applicable in 209 b states footnote 9 respondent argued that deeming impermissibly employs an arbitrary formula to impute a spouse s income to an institutionalized medicaid applicant according to .....

Newspapers and Periodicals Vs. State of Karnataka and ors.

Court: Karnataka

Reported in: 1981(2)KarLJ577; (1982)ILLJ189Kant

..... void offending art 14 of the constitution conferring as it does arbitrary and unguided powers to the state government in the matter of ..... court for adjudication it may be noted that the complaint of arbitrariness now made is by the employers the discretion of the state ..... grounds also on the ground that those provisions confer unguided and arbitrary powers on the executive sections 2 and 3 of that act .....

Lila Dhar Vs. State of Rajasthan and ors.

Court: Supreme Court of India

Reported in: AIR1981SC1777; [1981(43)FLR347]; 1981LabIC1515; (1981)IILLJ297SC; 1981(3)SCALE1235; (1981)4SCC159; [1982]1SCR320; 1981(2)SLJ266(SC); 1981(13)LC719(SC)

..... of marks for the interview test introduced an irredeemable element of arbitrariness so as to offend articles 14 and 16 of the ..... expert there can surely be no lifetime grievance or hint of arbitrariness against this body yet another factor worthy of consideration is that ..... 15 of the total marks for the oral interview would be arbitrary and unreasonable and would be liable to be struck down as .....