Arbitrary - Judgment Search Results

Union of India (Uoi) and ors. Vs. Major General Arun Roye, Avsm, Vsm a ...

Court: Kolkata

Reported in: 2008(2)CHN192

..... a judicial formula for determining whether the legislative or executive action in question is arbitrary and therefore constituting denial of equality if the classification is not reasonable and does ..... two conditions referred to above the impugned legislative or executive action would plainly be arbitrary and the guarantee of equality under article 14 would be breached wherever therefore there .....

Prof. Ramesh Chandra, Vice Chancellor Bundelkhand University Vs. State ...

Court: Allahabad

Reported in: 2007(4)AWC3181

..... by legality functioning of democratic form of government demands vequallty and absence of arbitrariness and discrimination 30 similarly in ramana dayaram shetty v the international airport authority ..... corporation 1988 1scr1079 33 procedural fairness is an implied mandatory requirement to protect arbitrary action where statute confers wide power coupled with wide discretion on the authority .....

Mahesh Joshi Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT

Reported in: (2008)1STJ82NULL

..... and doctrinaire limits from a positivistic point of view equality is antithetic to arbitrariness in fact equality and arbitrariness are sworn enemies one belongs to the rule of law in a republic ..... between two persons to arrive at a conclusion of discriminatory treatment an action per se arbitrary itself denies equal of sic protection by law the constitution bench pertinently observed in ajay .....

M. Venkata Subbaiah Vs. Engineer-in-chief, Public Health and ors.

Court: Andhra Pradesh

Reported in: 2007(1)ALD657

..... without a notice to the petitioner at the instance of respondent no 4 as illegal arbitrary unfair unreasonable and also opposed to the principles of natural justice and consequentially the ..... inclined to interfere principally on the grounds of violation of principles of natural justice and arbitrary action the impugned action of cancellation of the experience certificate is hereby set aside and .....

Avjinder Singh Sibia Vs. S. Prakash Singh Badal and ors.

Court: Punjab and Haryana

Reported in: AIR2008P& H67

..... legislation in violation of article 14 of the constitution should ordinarily be manifest arbitrariness what would be arbitrary exercise of legislative power would depend upon the provisions of the statute ..... government thus the impugned legislation cannot be termed as unconstitutional in mala fide and arbitrary exercise of legislative powers moreover the powers of supersession under section 35 of the .....

P. Rajeswari Vs. the Vice Chancellor, the Tamil Nadu Dr. Mgr Medical U ...

Court: Chennai

Reported in: (2007)3MLJ1050

..... in adjudging whether the impugned action would subserve the purpose of the society the arbitrary and unbridled and naked power of wide discretion to dismiss an employee without any ..... pragmatic and realistic to these actualities of life while angulating constitutional validity of wide arbitrary uncanalised and unbridled discretionary power of dismissal vested in an appropriate authority either by .....

B. Sampath Kumar Vs. the Recovery Officer and ors.

Court: Chennai

Reported in: (2007)6MLJ1199

..... the learned counsel for the petitioner has contended that it has to be declared unconstitutional arbitrary and violative of article 14 of the constitution of india inasmuch as it requires pre ..... including provisions relating to arrest and detention of the defaulter in the absence of any arbitrariness on the part of the first respondent the action contemplated and the proceedings initiated against .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court: Kolkata

Reported in: 2007(4)CHN842

..... advocate general these cases lay down that antithesis of just fair and reasonable is fanciful arbitrary and vagarious the test as to whether the procedure prescribed under the regulation is just ..... judges for resolution on an ad hoc and subjective basis with the attendant dangers of arbitrary and discriminatory application more so uncertain and undefined words deployed inevitably lead citizen to steer .....

S. Sharravvanan and S. Sasikala Vs. the State of Tamil Nadu Rep. by It ...

Court: Chennai

Reported in: (2008)3MLJ589

..... that even in contractual matters judicial review is permissible in case the decision is arbitrary and unreasonable 19 the learned senior counsel appearing for the third respondent supported the ..... which the government exercises its contractual powers but judicial review is intended to prevent arbitrariness and it must be exercised in larger public interest expression of different views and .....

National Assn. of Home Builders Vs. Defenders of Wildlife

Court: US Supreme Court

..... panel of the ninth circuit held that the epa s approval of the transfer was arbitrary and capricious because the epa relied during the administrative proceedings on legally contradictory positions ..... later overruled at a higher level within the agency does not render the decisionmaking process arbitrary and capricious respondents also point to the final federal register notice memorializing the epa .....