Doctrinal - Judgment Search Results

Security Services, Inc. Vs. Kmart Corp.

Court: US Supreme Court

..... possession asserted that respondent was liable under the interstate commerce act s filed rate doctrine for undercharges based on the difference between the contract and tariff rates respondent refused ..... the legal rate as between carrier and shipper emphasis added under our filed rate doctrine decisions even defective filings including those containing substantively unlawful rates see davis v portland .....

Dolan Vs. City of Tigard

Court: US Supreme Court

..... of substantive due process cases that lochner exemplified besides having similar ancestry both doctrines are potentially open ended sources of judicial power to invalidate state economic regulations ..... this case inaugurates an even more recent judicial innovation than the regulatory takings doctrine the application of the unconstitutional conditions label to a mutually beneficial transaction between .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court: Supreme Court of India

Reported in: AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... in constitutional law beyond examining the said infringements he also contended that likewise the doctrine of proportionality or unreasonableness has no play in constitutional law and the executive action ..... of the president is subjective satisfaction it must be based on relevant materials the doctrine that the satisfaction reached by an administrative officer based on irrelevant and relevant grounds .....

Kartar Singh Vs. State of Punjab.

Court: Supreme Court of India

Reported in: 1994SCC(3)569; JT1994(2)423

..... or to the parliament and the legislature of the states article 233 a recognises this doctrine brought by constitution twentieth amendment act 1966 therefore the trials conducted judgments pronounced and ..... nothing is more conspicuous than the failure of law to evolve a consistent jurisdictional doctrine or even elementary principles if it is subject to conflicting or inconceivable or inconsistent .....

Arvind Kumar Trikamlal Raval Vs. State of Gujarat and ors.

Court: Gujarat

Reported in: 1995CriLJ3174

..... earlier the learned counsel for the respondent accused mr j s adhvaryu would invoke the doctrine of prospective overruling and would urge that the offence according to the prosecution was ..... for the respondent no i original accused has placed reliance have in fact accepted thereof doctrine of prospective overruling as iindicated earlier under the two unreported decisions in criminal appeal no .....

Arvindkumar Trikamlal Raval Vs. Ratilal Hemaji and anr.

Court: Gujarat

Reported in: (1994)2GLR1177

..... for the respondent no 1 original accused has placed reliance have in fact accepted the doctrine of prospective overruling as indicated earlier under the two unreported decisions in criminal appeal no ..... counsel for the appellant complainant urges that whenever the supreme court wanted to have the doctrine of prospective overruling to come into operation it has been said so specifically there cannot .....

Tata Cellular Vs. Union of India

Court: Supreme Court of India

Reported in: AIR1996SC11; [1994]Supp2SCR122

..... is instead just a big problem that is addressed piecemeal by a large collection of doctrines kenneth culp davis has offered a condensed summary of the subject courts usually substitute their ..... ground of arbitrariness and violation of the principle of natural justice confining ourselves to the doctrine of judicial restraint however by the application of permissible parameters to set right the decision .....

Madras City Wine Merchants' Association and Anr. Vs. State of T.N. and ...

Court: Supreme Court of India

Reported in: 1992(60)ELT674(SC); JT1994(4)SC655; (1995)2MLJ2(SC); 1994(3)SCALE575; (1994)5SCC509; [1994]Supp2SCR281

..... in this matter would satisfy the requirement of non arbitrariness and withstand judicial scrutiny the doctrine of legitimate expectation gets assimilated in the rule of law and operates in our ..... of legitimate expectation relates to procedural fairness there is no possibility whatever of invoking the doctrine as against the legislation however mr k parasaran learned senior counsel relies on supreme .....

C.T. Xavier and ors. Vs. P.V. Joseph and anr.

Court: Kerala

Reported in: AIR1995Ker140

..... impossibility and frustration are often used as interchangeable expressions the doctrine of frustration is really an aspect or part of the ..... made submissions on the basis of the application of the doctrine of impossibility assuming it to be applicable with regard to ..... the relevant question for consideration is as to whether the doctrine of impossibility has been specifically pleaded by the defendants in .....

Kalyani Spinning Mills Ltd. and Others Vs. Smt. Sudha Sashikant Shroff ...

Court: Kolkata

Reported in: AIR1995Cal48

..... just as principles of natural justices ensure fair decision where the function is quasi judicial the doctrine of fairness is evolved to ensure fair action where the function is administrative in ..... play and the contract will not die anatural death by virtue of the application ofthe doctrine of frustration once injunctionwas lifted in the three writ applications therewas no supervening impediment on .....