Proportionately - Judgment Search Results

Justice k.s.puttaswamy(retd) Vs. Union of India

Court: Supreme Court of India

..... restrictions imposed on the other hand this is what is known as doctrine of proportionality jurisprudentially proportionality can be defined as the set of rules determining the necessary and sufficient ..... imposed on the other hand this is what is known as doctrine of proportionality jurisprudentially proportionality can be defined as the set of rules determining the necessary and sufficient .....

Association For Democratics Reforms Vs. Union Of India

Court: Supreme Court of India

..... model all the four prongs of germany the main premise of the criticisms of balancing proportionality proportionality test are employed including balancing was adopted by is the wide discretion available to ..... this model proposes limiting the canada i in absence of the balancing stage the proportionality proportionality enquiry to its first three canada prefers to resolve courts must be mindful of .....

Pulley Vs. Harris

Court: US Supreme Court

..... argued that the california scheme was constitutionally defective for failure to establish a proportionality review mechanism his habeas petitions also included an affidavit detailing perceived inconsistencies ..... arbitrary and capricious death sentences while we did not hold that comparative proportionality review is a mandated component of a constitutionally acceptable capital sentencing system .....

HarmelIn Vs. Michigan

Court: US Supreme Court

..... different yet rational conclusions regarding the appropriate length of terms for particular crimes fourth proportionality review by federal courts should be informed by objective factors to the maximum ..... clause was meant to forbid disproportionate punishments there is even less likelihood that proportionality of punishment was one of the traditional rights and privileges of englishmen apart .....

In the Matter of B (a Child) (Fc)

Court: UK Supreme Court

..... judge in a concluding sentence which correctly reflected both domestic law and the convention s proportionality requirement he described adoption as the only viable option for amelia s future care ..... should apply when determining whether the trial judge was entitled to reach his conclusion on proportionality once the appellate court is satisfied that the conclusion was based on justifiable primary .....

Punjab State Industrial Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (2007)292ITR268(Chd.)

..... referred to actual expenditure whereas deductions contemplated by section 20 1 are estimated proportionate expenses and interest therefore one cannot import deductions from interest on securities in ..... referred to actual expenditure whereas deductions contemplated by section 20 1 are estimated proportionate expenses and interest therefore one cannot import deductions from interest on securities in .....

Graham Vs. Florida

Court: US Supreme Court

..... of the eighth amendment i therefore proceed to the next steps of the proportionality analysis b both intrajurisdictional and interjurisdictional comparisons of graham s sentence confirm the ..... solem s rationale the controlling opinion in the court s very next noncapital proportionality case emphasized that principles of federalism require substantial deference to legislative choices regarding .....

Manchester City Council (Respondent) Vs. Pinnock (Appellant)

Court: UK Supreme Court

..... 29 where he suggested that only in rare and exceptional cases would an article 8 proportionality challenge not be futile the strasbourg jurisprudence mr pinnock contends that exceptionally it is ..... an interference with his right to home should in principle be able to have the proportionality and reasonableness of the measure determined by an independent tribunal notwithstanding that under domestic .....

Mayor and Burgesses of the London Borough of Hounslow (Respondents) Vs ...

Court: UK Supreme Court

..... in allocating accommodation there was exceptionally no requirement for an independent determination of proportionality the exigencies of the introductory tenancy scheme outweighed the need for the tenant to ..... be able to challenge proportionality before an independent tribunal pinnock could be distinguished because it dealt with demoted tenancies .....

Norris Vs. Government of United States of America

Court: UK Supreme Court

..... that any interference with article 8 rights as a consequence of extradition will be proportionate the public interest in extradition nonetheless weighs very heavily indeed in wellington the majority ..... noted that the questions generally to be asked in deciding whether a measure is proportionate were whether i the legislative objective is sufficiently important to justify limiting a fundamental .....