Arbitrary - Year 2016 - Judgments

Mar 30 2016 (SC)

State of Punjab and Anr. Vs. Brijeshwar Singh Chahal and Anr.

Court: Supreme Court of India

Decided on: Mar-30-2016

..... merit uninfluenced by any political or other extraneous considerations appointments made in an arbitrary fashion without any transparent method of selection or for political considerations will be ..... appointments made after such a consultative process would inspire confidence and prevent any arbitrariness the same procedure could be followed where candidates are granted extension in their .....

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May 11 2016 (SC)

Cellular Operators Association of India and Ors. Vs. Telecom Regulator ...

Court: Supreme Court of India

Decided on: May-11-2016

..... challenging the constitutionality of subordinate legislation is that subordinate legislation should not be manifestly arbitrary also it is settled law that subordinate legislation can be challenged on any ..... down applicable legislatively and without any adjudication this again makes the impugned regulation manifestly arbitrary and unreasonable 54 we have seen that the 2000 amendment has taken away .....

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Oct 21 2016 (HC)

M/s. Shapoorji Pallonji and Company Private Ltd., represented by Autho ...

Court: Chennai Madurai

Decided on: Oct-21-2016

..... to technically qualify based on the experience of the petitioner s subsidiary company but the arbitrary and unilateral act of the respondents in amending thequalification criteria in annexure i of the ..... raise any such ground in its affidavit and simply stated that the modification as being arbitrary without substantiating the same no allegations of mala fide have been made against any representative .....

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Mar 10 2016 (HC)

M/s. Divya Impex, Bengaluru rep by its Authorized Signatory and Others ...

Court: Chennai

Decided on: Mar-10-2016

..... with the public and the democratic form of government demands equality and absence of arbitrariness and discrimination in such transactions hohfeld treats privileges as a form of liberty as ..... administrative sphere the courts would interfere with the administrative policy decision only if it is arbitrary discriminatory mala fide or actuated by bias it is entitled to pragmatic adjustments which .....

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Sep 28 2016 (SC)

State of H.P and Ors Vs. Rajesh Chander Sood Etc Etc

Court: Supreme Court of India

Decided on: Sep-28-2016

..... notification dated 2 12 2004 is read down to save it from unconstitutionality irrationality arbitrariness or unreasonableness by including the petitioners and similarly situated employees also who had become ..... after 1 4 1995 after calculating the financial implications thereon was either irrational or arbitrary financial and economic implications are very relevant and germane for any policy decision .....

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Jan 08 2016 (HC)

Central Railway Caterer's Association and Others Vs. Union of India an ...

Court: Mumbai

Decided on: Jan-08-2016

..... technical bid regarding the evaluation criteria selection process stipulated by the respondents is illegal arbitrary discriminatory and unreasonable as it has the effect of virtually throwing out the ..... 30 or above the learned additional solicitor general submitted that there is absolutely nothing arbitrary or unreasonable about the aforesaid condition the aforesaid condition has been imposed in .....

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Oct 26 2016 (HC)

Advocates' Forum for Social Justice rep. by its President, Mr. K. Balu ...

Court: Chennai

Decided on: Oct-26-2016

..... employ is whether the restriction bears reasonable relation to the authorised purpose or is an arbitrary encroachment under the garb of any of the exceptions envisaged in part iii the reasonableness ..... employ is whether the restriction bears reasonable relation to the authorised purpose or is an arbitrary encroachment under the garb of any of the exceptions envisaged in part iii the reasonableness .....

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Mar 30 2016 (HC)

South Indian Music Companies Vs. Union of India, Rep. by its Secretary ...

Court: Chennai

Decided on: Mar-30-2016

..... to be ascertained 21 a legislation can be challenged on the ground of legislative arbitrariness such an arbitrariness as found by the court should be palpable and apparent it should rather ..... the doctrine of purposive construction reading down and contextual interpretation there is no legislative arbitrariness involved and the classification being reasonable has nexus to the object sought to be .....

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Nov 09 2016 (HC)

Texmaco Rail & Engineering Ltd vs.union of India & Ors

Court: Delhi

Decided on: Nov-09-2016

..... is necessary requirement w p c no 4026 2016 page 21 of 34 unreasonable and arbitrary decisions being taken by public authorities whose actions are amenable to judicial review therefore ..... said decision reads as under 22 judicial review of administrative action is intended to prevent arbitrariness irrationality unreasonableness bias and malafides its purpose is to check whether choice or decision is .....

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Nov 10 2016 (HC)

N. Satish and Others Vs. State of Karnataka, Represented by its Princi ...

Court: Karnataka

Decided on: Nov-10-2016

..... requirements have no nexus with the object of the aggregator rules hence they are highly arbitrary unreasonable and unfair requirements prescribed by the aggregator rules thus violative of article 14 of ..... provisions jeopardise the safety of the passenger thus this clearly proves the unreasonableness and the arbitrariness of the provisions thirdly rule 7 e of the aggregator rules requires that each .....

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