Arbitrary - Year 2015 - Judgments

Nov 19 2015 (HC)

Ranchi Power Distribution Company Limited and Anr Vs. Jharkhand Bijli ...

Court: Jharkhand

Decided on: Nov-19-2015

..... consideration since even the minimum permitted scope of judicial review on the ground of arbitrariness or unreasonableness or irrationality once article 14 is attracted is sufficient to invalidate the ..... of the public authority reached in this manner would satisfy the requirement of non arbitrariness and withstand judicial scrutiny the doctrine of legitimate expectation gets assimilated in the rule .....

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Aug 13 2015 (HC)

M/s. Nestle India Limited Vs. The Food Safety and Standards Authority ...

Court: Mumbai

Decided on: Aug-13-2015

..... 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 ..... undergone any significant change some decisions have commented on the doctrinal looseness of the arbitrariness test and tried keeping its folds within permissible boundaries for instance cases where legislation .....

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Dec 10 2015 (SC)

Rajbala and Ors. Vs. State of Haryana and Ors.

Court: Supreme Court of India

Decided on: Dec-10-2015

..... on behalf of the petitioners that i the impugned provisions are wholly unreasonable and arbitrary and therefore violative of article 14 of the constitution they create unreasonable restrictions on ..... bench eventually declared the impugned provision unconstitutional not on the ground of it being arbitrary but on the ground it makes an unreasonable classification of an otherwise homogenous group .....

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Oct 16 2015 (SC)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court: Supreme Court of India

Decided on: Oct-16-2015

..... that the rights of the people including their fundamental rights need protection against arbitrary executive power and excessive legislative action and unless the judiciary steps in and ..... therefore also declared unconstitutional similarly the national judicial appointments commission act 2014 confers arbitrary and unchartered powers on various authorities under the statute and it violates article .....

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Mar 26 2015 (HC)

Niko Resources Ltd. Vs. Union of India

Court: Gujarat

Decided on: Mar-26-2015

..... been amended with retrospective effect does not by itself make the amendment unreasonable unreasonableness or arbitrariness of any such amendment with retrospective effect has necessarily to be judged on the ..... provision without sufficient objective and justification the court are empowered to declare the law arbitrary and violative of article 14 of the constitution further from the scrutiny of the .....

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Mar 26 2015 (HC)

Niko Resources Ltd. Vs. Union of India

Court: Gujarat

Decided on: Mar-26-2015

..... been amended with retrospective effect does not by itself make the amendment unreasonable unreasonableness or arbitrariness of any such amendment with retrospective effect has necessarily to be judged on the ..... provision without sufficient objective and justification the court are empowered to declare the law arbitrary and violative of article 14 of the constitution further from the scrutiny of the .....

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Jan 28 2015 (HC)

Independent Gas Based Power Producers? A Vs. Union of India Represente ...

Court: Andhra Pradesh

Decided on: Jan-28-2015

..... petitioners would submit that the sectoral preference given to fertilizers over power is irrational arbitrary and discriminatory as essentially all industries are alike and are entitled to equal ..... use the resource it demands that the procedure adopted for distribution is just non arbitrary and transparent and does not discriminate between similarly placed private parties natural resources allocation .....

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Oct 20 2015 (HC)

Swapna Surendran Vs. Union of India, represented by The Secretary To G ...

Court: Kerala

Decided on: Oct-20-2015

..... learned counsel for the petitioner that 40 marks awarded to the viva voce test is arbitrary arbitrariness is to be tested against a pleading and factual situation arising particularly in a ..... counsel contended that the selection process was surrounded with vitiating circumstances and clouded with patent arbitrariness and unreasonableness 10 on the other hand learned counsel for respondents 2 and 3 .....

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May 14 2015 (SC)

Joshi Technologies International Inc Vs. Union of India and Ors.

Court: Supreme Court of India

Decided on: May-14-2015

..... consideration since even the minimum permitted scope of judicial review on the ground of arbitrariness or unreasonableness or irrationality once art 14 is attracted is sufficient to invalidate the ..... purely contractual matters after the appointment is made also attract art 14 and exclude arbitrariness permitting judicial review of the impugned state action this aspect is dealt with hereafter .....

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Sep 08 2015 (HC)

M/s Sion Panvel Tollways Pvt. Ltd., through its Authorized Signatory, ...

Court: Mumbai

Decided on: Sep-08-2015

..... the so called comprehensive policy is applied only to selective toll plazas and is therefore arbitrary he reiterates that there is tremendous financial loss suffered by the petitioners he further submits ..... which the petitioners have assailed the notification is that the respondents had acted in an arbitrary and discriminatory manner by excluding some toll projects from the ambit of the notifications .....

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