Balancing Test - Judgment Search Results

City of Boerne Vs. Flores

Court: US Supreme Court

..... their jobs because of such use in so ruling the court declined to apply the balancing test of sherbert v verner 374 u s 398 which asks whether the law at issue ..... made use of the drug criminal in evaluating the claim we declined to apply the balancing test set forth in sherbert v verner 374 u s 398 1963 under which we would .....

Camps Newfound/Owatonna, Inc. Vs. Town of Harrison

Court: US Supreme Court

..... law is nondiscriminatory but nonetheless adversely affects interstate commerce we employ a deferential balancing test under which the law will be sustained unless the burden imposed on interstate ..... constitute facial discrimination against interstate commerce and readily survives the pike v bruce church balancing test on the ground that it does constitute facial discrimination but is supported by .....

Union of India and Another Vs. G. Ganayutham (Dead) by Lrs.

Court: Supreme Court of India

Reported in: AIR1997SC3387; JT1997(7)SC572; (2000)IILLJ648SC; 1997(5)SCALE606; (1997)7SCC463; [1997]Supp3SCR549; (1997)3UPLBEC1649

..... out that proportionality used in human rights context involves a balancing lest and the necessity test the balancing test means scrutiny of excessive onerous penalties or infringements of rights ..... or interests and manifest imbalance of relevant considerations the necessity test means that .....

idaho Vs. Coeur d'Alene Tribe of Idaho

Court: US Supreme Court

..... ongoing violation of federal law and seeks relief properly characterized as prospective with a vague balancing test that purports to account for a broad range of unspecified factors ante at 280 in ..... that federal law would 6 while the principal opinion suggests these cases embody a careful balancing and accommodation of state interests when determining whether the young exception applies in a given .....

Vinodchandra B. Pandit Vs. Bank of India and ors.

Court: Gujarat

Reported in: (1998)1GLR824

..... observed that ultimately the court has to balance and weigh the several relevant factors balancing test or balancing process an determine in each case whether ..... other words the court has to indulge in a process of balancing in para 12 of the judgment the hon ble supreme ..... vitiates the enquiry and the punishment awarded or whether the test of substantial compliance can be invoked in cases of such .....

Haridwar Pandey Vs. State of Bihar and ors.

Court: Patna

..... in barker and other succeeding cases 8 ultimately the court has to balance and weigh the several relevant factors balancing test or balancing process and determine in each case whether the right to speedy .....

ivory Traders and Manufacturers Association Vs. Union of India

Court: Delhi

Reported in: 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

..... survival of human necessary in public life arrest depletion of animal life maintain ecological balance tests of reasonableness discussed parliament can legislate all ancillary and subsidiary subjects no merits dismissed ..... right in general public interest in applying the test of reasonableness the broad criterion is whether the law strikes a proper balance between social control on the one hand and .....

Nachane Ashiwni Shivram and ors. Etc. Vs. State of Maharashtra and anr ...

Court: Mumbai

Reported in: 1997(4)ALLMR602; 1997(3)BomCR680; (1997)4BOMLR556; 1998(2)MhLj234

..... of marathwada region deducting 15 seats for all india entrance test the balance available would be 382 the seats existing viz 267 are ..... seats available are 600 deducting 15 for all india entrance test the balance seats available would be 510 the seats existing are 357 ..... table are 2105 deducting 15 for the all india entrance test the balance of seats available would be 1789 the seats existing are .....

Deepak Ganguly Vs. Union of India (Uoi) and ors.

Court: Allahabad

Reported in: (1998)2UPLBEC933

..... an appropriate decision 29 the present case satisfies the test laid down balancing the whole of the proceedings in the facts and ..... alteram partem in such situations the court may hare to balance public state interest with the requirement of natural justice and ..... importance and are closely related to government functions then the test appears to be satisfied the various provisions contained in the .....

Tagan Nath Sharma Vs. State and ors.

Court: Delhi

Reported in: 1997VIAD(Delhi)343; 69(1997)DLT443; II(1997)DMC557

..... accused to retain his freedom during the trial it was further observed proving by the test of balance of probabilities that the accused had abused his liberty or that there is a .....