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Law arbitrary

Matched in: Term Law arbitrary

arbitrary

Matched in: Term arbitrary

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 … Procedure established by law, does not mean due process of law, A.K. Gopalan v. State of Madras, AIR 1980 SC 27. In

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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, … and not according to the rules of reason and justice and not according to private opinion; according to law and not honour. It only gives certain latitude liberty accorded by statute or rules, to a judge as

Law

'procedure established by law' in Article 21 means a law which is right, just and fair and not arbitrary, fanciful or oppressive, Sunil Batra v. Delhi Administration AIR 1978 SC 1675: (1979) 1 SCR 392: (1978) 4 … Law [fr. lage, lagea, or lah, Sax.; loi, Fr.; legge, Ital.; lex, fr. ligo, Lat., to bind], a rule

Institutions

value of the thing he would recover. The fifth is of Actions of good faith, strict law, and arbitrary. The sixth is of Actions in which the total of what is due is sued for, and in … was the object of Justinian to comprise in his Code and Digest, or Pandects, a complete body of law. But these works were not adapted to the purposes of elementary instruction, and the writings of the ancient

Rule of law

Rule of law, is an absolute supremacy and predominance of regular law as opposed to the influence of arbitrary power; equality before the law or the equal subjection of all classes to the ordinary law courts, constitution … Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the

Laudibus (de) legum angli'

some of our princes wished to introduce the civil law merely for the sake of governing in the arbitrary way allowed by that law, which declares, quod principi placuit legis habet vigorem. He then proceed to examine … character he supposes himself holding a conversation with the young prince on the nature and excellence of the laws of England compared with the civil law and the laws of other countries. He considers at length the

special law

the same situation but not to the entire class and that is unconstitutional if the classification made is arbitrary or without a reasonable or legitimate justification or basis called also local law special legislation compare general law … special law 1 : local law 2 : a law that applies to a particular place or esp. to a

cause

not unreasonable, arbitrary, or irrational and that is sufficient to create an excuse for an act under the law [unable to show good cause for failure to pay child support] [neglect of duty is good cause for

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