Doctrinal - Year 2014 - Judgments

Apr 08 2014 (FN)

Lek Gwee Noi Vs. Humming Flowers and Gifts Pte Ltd.

Court: Singapore Supreme Court

Decided on: Apr-08-2014

..... would cut down the unreasonably wide covenant to what was reasonable a liberal doctrine of severance would permit indeed encourage employers to extract oppressive restrictive covenants and thereby undermine ..... the generally accepted imbalance of power between employers and employees to introduce the doctrine of notional severance to read down an unreasonable restrictive covenant to what is reasonable .....

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Mar 06 2014 (SC)

Union of India and ors Vs. Major S.P. Sharma and ors

Court: Supreme Court of India

Decided on: Mar-06-2014

..... of power which is arbitrary capricious and unreasonable learned counsel submitted that the pleasure doctrine is the residual executive power under section 53 of the constitution and hence amenable ..... dispute that order of termination passed against the army personnel in exercise of pleasure doctrine is subject to judicial review but while exercising judicial review this court cannot substitute .....

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Nov 17 2014 (HC)

Planters Forum Vs. State of Kerala

Court: Kerala

Decided on: Nov-17-2014

..... contend with the constraints imposed by the outside environment unfortunately current legal doctrine rarely accounts for such constraints and thus environmental stability is threatened historically ..... contend with the constraints imposed by the outside environment unfortunately current legal doctrine rarely accounts for such constraints and thus environmental stability is threatened historically .....

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Apr 22 2014 (FN)

Schuette Vs. Bamn

Court: US Supreme Court

Decided on: Apr-22-2014

..... violation nbsp nbsp nbsp nbsp relatedly justice scalia argues that the political process doctrine is inconsistent with our precedents because it protects only the minority from political ..... their voting procedures to exclude racial minorities so why does thepolitical process doctrine offend state sovereignty the doctrine takes nothing away from state sovereignty that the equal protection clause .....

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May 07 2014 (SC)

State of Tamil Nadu Vs. State of Kerala and anr.

Court: Supreme Court of India

Decided on: May-07-2014

..... salve learned senior counsel for kerala heavily relies upon precautionary principle and public trust doctrine and argues that kerala legislature was competent to override the contracts and regulate safety ..... and therefore such legislation cannot be constitutionally countenanced being violative of separation of powers doctrine 153 mr harish salve learned senior counsel is right in his submission that a .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court: Mumbai

Decided on: Feb-14-2014

..... unnecessary chaos and confusion such apprehensions however can be allayed by resort to de facto doctrine which is born of necessity and public policy to prevent needless confusion and endless mischief ..... declaration contained in this judgment and order by applying the principle akin to de facto doctrine however where such judgment and orders have already been challenged on the ground of inconsistency .....

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Feb 14 2014 (HC)

Smt. Nola Jonathan Ranbhise Vs. the Union of India, the Law and Judici ...

Court: Mumbai

Decided on: Feb-14-2014

..... unnecessary chaos and confusion such apprehensions however can be allayed by resort to de facto doctrine which is born of necessity and public policy to prevent needless confusion and endless mischief ..... declaration contained in this judgment and order by applying the principle akin to de facto doctrine however where such judgment and orders have already been challenged on the ground of inconsistency .....

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Dec 08 2014 (HC)

State of Kerala, Rep. by the Chief Secre Vs. Hotel Leelaventure Ltd. a ...

Court: Kerala

Decided on: Dec-08-2014

..... existing property dispute through legislative declaration thereby encroaching into the judicial domain violating the doctrine of separation of power ii whether the kovalam palace taking over by resumption act ..... governance was recognised in special reference no 1 supra even before the basic structure doctrine came to be propounded in the celebrated case of his holiness kesavananda bharati .....

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Apr 29 2014 (SC)

K.Madhava Reddy and ors. Vs. Govt.of A.P.and ors.

Court: Supreme Court of India

Decided on: Apr-29-2014

..... overruled in kesavananda bharati sripadagalvaru amp ors v state of kerala 1973 4 scc225yet the doctrine of prospective overruling was upheld and followed in several later decisions this court further ..... predominant legal opinion emerging from the pronouncements of this court limited the application of the doctrine of prospective overruling only by the supreme court neither the tribunal nor the high .....

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Mar 20 2014 (HC)

Dr. Narote Amol Sadashivrao and Others Vs. State of Maharashtra and Ot ...

Court: Mumbai

Decided on: Mar-20-2014

..... examinations were the decisive criterion this change in rules was challenged by invoking the doctrines of promissory estoppel and legitimate expectations the full bench rejected such challenge by observing ..... factual aspects and the circumstances available here we have indicated earlier while discussing the doctrine of promissory estoppel some of the peculiar features of academic pursuits they are not .....

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