Proportionality - Judgment Search Results

Ewing Vs. California

Court: US Supreme Court

..... to review legislatively mandated terms of imprisonment and that successful challenges to the proportionality of particular sentences should be exceedingly rare id at 374 citations and internal ..... was reasonable 35 of years in exercising their discretion sentencing judges wisely employed a proportionality principle that took into account all of the justifications for punishment namely deterrence .....

Assistant Commissioner of Income Vs. Affection Investments Ltd.

Court: Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in: (2003)80TTJ(Ahd.)278

..... cannot be regarded as cost of acquisition of right the proportionate cost of acquisition of right offer has to be apportioned ..... original share as the cost of acquisition of right offer the proportionate apportioned cost of acquisition attributable to such right offer was ..... of right offer the hon ble supreme court thereby estimated the proportionate extent of value of right embedded in the value of .....

Chairman and Managing Director, United Commercial Bank and ors. Vs. P. ...

Court: Supreme Court of India

Reported in: AIR2003SC1571; [2003(96)FLR1067]; JT2003(2)SC78; (2003)IILLJ181SC; 2003(2)SCALE42; (2003)4SCC364; [2003]1SCR1034; 2003(2)SLJ65(SC); (2003)1UPLBEC840; AIR2003SCW944

..... byproportionality xxx xxx xxx xxx xxxthe development of the principle of strict scrutiny or proportionality in administrative law in england is however recent administrative action wastraditionally being tested on ..... confined to wednesbury principles as a secondary reviewing authority the court will not apply proportionality as a primary reviewing court because no issue of fundamental freedoms nor of .....

Lockyer Vs. Andrade

Court: US Supreme Court

..... s at 965 opinion of scalia j that in adher ing to the narrow proportionality principle our proportionality decisions have not been clear or consistent in all respects id at 996 kennedy ..... since harmelin several members of this court have expressed uncertainty regarding the application of the proportionality principle to the california three strikes law riggs v california 525 u s 1114 1115 .....

Jageshwar Prasad Tiwari Vs. Uttar Pradesh Roadways Transport Corporati ...

Court: Allahabad

Reported in: (2003)3UPLBEC2159

..... wednesbury principles are no longer applied the courts in england could not expressly apply proportionately in the absence of the convention but tried to safeguard the rights zealously by ..... is confined to wednesbury principles as a secondary reviewing authority the court will not apply proportionality as a primary reviewing court because no issue of fundamental freedoms nor of discrimination .....

Sant Kumar Upadhyay Vs. State of U.P. and ors.

Court: Allahabad

Reported in: (2003)2UPLBEC1496

..... wednesbury principles are no longer applied the courts in england could not expressly apply proportionately in the absence of the convention but tried to safeguard the rights zealously by ..... is confined to wednesbury principles as a secondary reviewing authority the court will not apply proportionality as a primary reviewing court because no issue of fundamental freedoms nor of discrimination .....

Malwa Cotton Spinning Mills Vs. Asstt. Commissioner of

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (2004)89ITD65(Chd.)

..... in that overdraft account and as such in holding that a proportionate part of the interest on the said overdraft was referable ..... of advance tax was not a business expenditure and disallowed the proportionate interest amounting to rs 6 769 payable by the assessee ..... held that taxes were paid out of overdraft funds and disallowed proportionate interest payable to the bank the assessee for the first time .....

Oriental Insurance Company Vs. M. Usharani and ors.

Court: Chennai

Reported in: (2003)3MLJ530

..... from the date of petition and till date of payment with proportionate cost in this appeal the parties shall bear their respective cost ..... from the date of petition and till date of payment with proportionate cost iii cma no 1153 of 2001 is partly allowed ..... from the date of petition and till date of payment with proportionate cost vi consequently all the connected cmps are closed motor vehicles .....

NabIn Agarwal and anr. Etc. Vs. C.E.S.C. Ltd. and ors.

Court: Kolkata

Reported in: AIR2004Cal227

..... officer who was directed to collect amount from the tenants in accordance with their proportionate contributions on the basis of their respective consumption the said special officer made computations ..... submitted that several tenants are still ready and agreeable to make payment of their proportionate outstanding electricity dues as determined by the special officer appointed by this court in .....

Malwa Cotton Spinning Mills Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (2004)83TTJ(Chd.)72

..... 1992 93 therefore respectfully following the same we hold that assessing officer has rightly disallowed proportionate interest amounting to rs 7 40 950 out of interest claimed under section 36 1 ..... also the appellate authorities held that taxes were paid out of overdraft funds and disallowed proportionate interest payable to the bank the assessee for the first time contended before the honble .....