Arbitrary - Judgment Search Results

Sosa Vs. Alvarez-machain

Court: US Supreme Court

..... no applicable law authorized it footnote 26 alvarez thus invokes a general prohibition of arbitrary detention defined as officially sanctioned action exceeding positive authorization to detain under the ..... prolonged detention the implication is clear any credible invocation of a principle against arbitrary detention that the civilized world accepts as binding customary international law requires a .....

Vikas Jandial and ors. Vs. State of J and K Through Finance Department ...

Court: Jammu and Kashmir

Reported in: 2004(3)JKJ66

..... contention that the state largesse has been distributed to selected few in an arbitrary illegal and irrational manner without inviting fresh applications under the new scheme and ..... unless the policy can be faulted on grounds of mala fide unreasonableness arbitrariness or unfairness etc indeed arbitrariness irrationality perversity and mala fide will render the policy unconstitutional however .....

Dr. M. Sathiyapriya Vs. the Secretary to Government, Health and Family ...

Court: Chennai

Reported in: (2005)1MLJ378

..... petitions questioning the above clause of the prospectus on the ground that the same is arbitrary and unconstitutional 8 the learned single judge heard the counsel for the parties and considered ..... the act of governance has to withstand the test of judiciousness and impartiality and avoid arbitrary or capricious actions therefore the principle of governance has to be tested on the touchstone .....

ANGR Agricultural University Retired Teachers' Association, rep. by It ...

Court: Andhra Pradesh

Reported in: 2004(5)ALD244; 2004(4)ALT666

..... pensionary benefit is given from a particular date such action could not be considered as arbitrary or unreasonable the supreme court accordingly allowed the appeal and reversed the judgment of ..... benefit without offending the principles declared in nakara s case there could be however no arbitrariness or irrationality in fixing such date the supreme court further held that though minimum qualifying .....

Jaskaran Singh Brar Vs. State of Punjab and ors.

Court: Punjab and Haryana

Reported in: 2005(2)ESC1310; 2005(3)SLJ354(P& H)

..... that the definition of outstanding sports person suffers with inherent arbitrariness and causes hostility amongst unequals due to its brazen ..... in that case were vitiated by fraud nepotism favouritism and arbitrariness 52 shri h s mattewal learned senior counsel appearing ..... without any authority in law an outcome of discriminatory and arbitrary criteria and are marred by nepotism and favouritism there .....

Beard Vs. Banks

Court: US Supreme Court

..... 1989 does not fall within the second teague exception we recognize that avoidance of potentially arbitrary impositions of the death sentence motivated the court in mills and mckoy mills described ..... permitting one death prone juror to control the entire jury s sentencing decision would be arbitrary that acknowledgment was a natural outgrowth of our cases condemning mandatory imposition of the death .....

Geetika Gupta and ors. Vs. State and ors.

Court: Jammu and Kashmir

Reported in: 2005(1)JKJ382

..... petitioners or the public in general whole exercise is based on favourtism bias discrimination and arbitrariness and influential persons have been selected 14 in swp 1372 2004 dr syed sajjad ..... of the constitution is violated by powers and procedures which themselves result in unfairness and arbitrariness vesting of absolute and uncontrolled power in such authority falls out side the constitution .....

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court: House of Lords

..... the person concerned the authors of the siracusa principles although acknowledging that the protection against arbitrary detention article 9 of the iccpr might be limited if strictly required by the ..... convention system it enshrines a fundamental human right namely the protection of the individual against arbitrary interference by the state with his or her right to liberty judicial control of .....

Hindustan Shipyard Limited Vs. Essar Oil Limited and ors.

Court: Andhra Pradesh

Reported in: 2005(1)ALD421; 2005(1)ALT264; 2005(1)ARBLR454(AP)

..... x the appellant also sought declaration of rejection of the counter claim by the arbitrary tribunal as arbitrary and contrary to law 6 almost similar grounds have been raised questioning the award ..... that there was privity of contract exists between the first respondent and the ongc the arbitrary tribunal passed the award in those matters after adjudication questioning the said awards the appellant .....

Kulwant Singh and ors. Vs. the Chandigarh Housing Board and anr.

Court: Punjab and Haryana

Reported in: (2005)139PLR754

..... price as also the revised quantum of instalments fixed by the bareilly development authority were arbitrary and liable to be struck down the matter was taken by the bareilly development authority ..... settled principles exercise of jurisdiction in such cases has been limited to unfairness unreasonableness and arbitrariness if all or any of these ingredients are satisfied then a case may be one .....