Arbitrary - Law Dictionary Search Results
Misericordia
Misericordia, an arbitrary amerciament or punishment imposed on any person for an offence. it is thus called, according to Fitzherbert, because
Procedure established by law
limited to the procedure, the judges were agreed that the procedure must be reasonable and fair and not arbitrary or capricious. For, if the procedure was arbitrary, it would violate Article 14 since Article 14 is not
Discretion
of judgment, skill or wisdom as distinguished from folly, unthinking or haste; evidently therefore a discretion cannot be arbitrary but must be a result of judicial thinking. The word in itself implies vigilant circumstances and care; therefore,
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Just
Just, the expression 'just' denotes equitability, fairness and reasonableness, and non arbitrary. If it is not so it cannot be just (See Helen C. Rebello v. Maharashtra State Road Transport
Reasonable restriction
'reasonable restriction' signifies that the limitation imposed on a person in enjoyment of the right should not be arbitrary or of an excessive nature, beyond what is required in the interests of the public. The test of
Victimisation
the employer's wrath by reason of his trade union activities; it also connotes a victim of unfair and arbitrary action. When a word has more than one interpretation, the interpretation which is in favour of the labour
Fines in copyholds
for, by general custom, fines are due only on admissions. The admission fine is prima facie uncertain and arbitrary, or rather arbitrable, unless a special custom fix it; it must, however, be reasonable, and not excessive, for
due process
a legitimate government interest (as crime prevention) and may not contain provisions that result in the unfair or arbitrary treatment of an individual called also substantive due process NOTE: The guarantee of due process is found in
Reasonableness and in public interest
3) and Maneka Gandhi case, (1978) 2 SCR 621: (1978) 1 SCC 248 that Article 14 strikes at arbitrariness in State action and since the principle of reasonableness and rationality, which is legally as well as philoso-phically
Provisions
Provisions, those Acts of Parliament which were passed to curb the arbitrary power of the Crown, Mat. Paris.
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