Proportionately - Judgment Search Results

Tennessee Vs. Lane

Court: US Supreme Court

..... access to the courts context title ii s indiscriminate scope offends the congruence and proportionality principle particularly in light of the lack of record evidence showing that inaccessible courthouses ..... the bill of rights through the medium of 5 we formulated the congruence and proportionality test for determining what legislation is appropriate when congress enacts prophylactic legislation we .....

A (Fc) and Others (Fc) (Appellants) Vs. Secretary of State for the Hom ...

Court: House of Lords

..... limitations or derogations which in turn are based upon the fundamental principles of necessity proportionality and non discrimination 351 also non derogable under international human rights law and ..... to differ from most of your lordships as to whether the derogating measures are proportionate rational and non discriminatory or are in the alternative disproportionate irrational and offensively .....

Mahavir Spng. Mills Ltd. Vs. Deputy Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Chandigarh

Reported in: (2006)100TTJ(Chd.)471

..... under section 80m the cit a vide impugned order has sustained the disallowance of proportionate financial expenses but in respect of personal expenses and administrative expenses the learned cit ..... borrowings utilised for purposes of acquisition of shares securities etc the ao has attributed proportionate interest to the investments in equities securities we have carefully gone through the decision .....

Damoh Panna Sagar Rural Regional Bank and anr. Vs. Munna Lal Jain

Court: Supreme Court of India

Reported in: AIR2005SC584; 2005(5)ALLMR(SC)329; 2005(1)AWC561(SC); 2005(3)ESC338; [2005(104)FLR291]; JT2005(1)SC70; (2005)ILLJ730SC; (2005)10SCC84; 2005(2)SLJ117(SC); 2005(1)LC430(SC);

..... wednesbury principles are no longer applied the courts in england could not expressly apply proportionality 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 .....

Samarendra Kishore Endow Vs. State Bank of India and ors.

Court: Guwahati

..... circumstances which go into the decision making process while considering whether the punishment is proportionate or disproportionate if the charged employee holds a position of trust where honesty and ..... what thus crystallizes from the above discussion is that while considering the question of proportionality of punishment imposed by an administrative authority the power of judicial review is .....

Attorney General's Reference No 4 of 2002 (On Appeal from the Court of ...

Court: House of Lords

..... defendant must be examined and must be reasonable relevant to any judgment on reasonableness or proportionality will be the opportunity given to the defendant to rebut the presumption maintenance of the ..... held imposition of a legal burden on a defendant in this particular situation is a proportionate and justifiable legislative response to an undoubted problem to answer this question the various .....

Pawan Biscuit Co. Pvt. Ltd., Kwality Refractories, Bhagwani Paper Prod ...

Court: Jharkhand

Reported in: [2004(1)JCR499(Jhr)]

..... submitted by the electrical executive engineer chakradharpur the general manager cum chief engineer allowed proportionate remission for the interruption of the period more than 30 minutes 3 in cwjc ..... that the impugned orders passed by the general manager cum chief engineer disallowing the proportionate remission without adopting the correct formula are liable to be set aside 24 however .....

Jagdishchandra Maganlal Trivedi Vs. State Bank of India

Court: Gujarat

Reported in: (2005)ILLJ1092Guj

..... evidence by the court 15 recently the apex court has considered the question of punishment proportionality judicial review and court s interference in dev singh v s punjab tourism development corporation ..... the case to court martial the apex court considered three decisions for examining doctrine of proportionality in paragraph 5 of the judgment these three decisions are relevant to the question .....

Jethabhai Mepabhai Makwana Vs. State of Gujarat

Court: Gujarat

Reported in: AIR2005Guj132

..... that the respondents had committed breach of the doctrine of proportionality it has been submitted that all possible efforts were made ..... money or by allotment of other plots the doctrine of proportionality itself provides that in the process of striking the balance ..... my opinion there is no violation of the doctrine of proportionality 36 it has been alleged that the respondent authorities have .....

G. Saibaba and ors. Vs. Commissioner Gadwal Municipality and ors.

Court: Andhra Pradesh

Reported in: 2004(6)ALD484; 2004(6)ALT734

..... awarded by the competent authority under the land acquisition act shall also be payable proportionately as determined by the authority the additional price determined shall be paid within thirty ..... competent authority under the land acquisition act then the said enhancement would be payable proportionately as determined by the authorities the aforesaid clause does not authorise the allotting authority .....