Opportunity - Law Dictionary Search Results
Home Dictionary Name: opportunityReasonable opportunity
Reasonable opportunity, the broad test of 'reason-able opportunity' is, whether in the given case, the show cause notice issued to the delinquent servant contained or was accompanied by so much information as was necessary to enable him to clear himself of the guilt, if possible, even at that stage, or, in the alternative, to show that the penalty proposed was much too, harsh and disproportion-ate to the nature of the charge established against him, Uttar Pradesh Government v. Sabir Hussain, AIR 1975 SC 2045 (2048): (1975) 4 SCC 703: (1975) Supp SCR 354. [Government of India Act, 1935, s. 240(3)]The reasonable opportunity envisaged by Article 311(2) of the Constitution of India, 1950, includes: (a) an opportunity to deny his guilt and establish his innocence, which he can only do if he is told what the charges leveled against him are and the allegations on which such charges are based; (b) an opportunity to defend himself by cross-examining the witnesses produced against him and by exa...
Earliest opportunity
Earliest opportunity, The word 'earliest' in s. 13 of the Jammu and Kashmir Public Safety Act, 1978 which qualifies the opportunity must equally qualify the corresponding obligation of the State to deal with the representation, if and when made, as expeditiously as possible. The opportunity con-templated by the section is the opportunity to make a representation against the detention order to the Government and therefore ex hypothesi soon after the person is deprived of his personal liberty he must be afforded the earliest opportunity to make a representation, Vijay Kumar v. State of Jammu & Kashmir, (1982) 2 SCC 43: AIR 1982 SC 1023: (1982) 3 SCR 522. (J&K Public Safety Act, 1978, s. 13)...
Equality of opportunity for all citizens
Equality of opportunity for all citizens, Clause (1) of Article 16 clearly provides for equality of opportunity to all citizens in the services under the State. It is important to note that the Constitution uses the words 'equality of opportunity for all citizens.' This inherently implies that the opportunity must be given not only to a particular section of the society or a particular class of citizens who may be advanced or otherwise more affluent but to all classes of citizens. This, therefore, can be achieved by making a reasonable classification so that every class of citizens is duly represented in the services which will enable equality of opportu-nity to all citizens. The classification, however, must be a reasonable one and must fulfil the following conditions:(i) it must have a rational basis;(ii) it must have a close nexus with the object sought to be achieved;(iii) it should not select any person for hostile discrimination at the cost of others, State of Kerala v. N.M. Thom...
Afford him earliest opportunity of making representation
Afford him earliest opportunity of making representation, 'Afford him earliest opportunity of making representation' The fact that the earliest opportunity'has to be afforded to the detenu for making representation against the detention order necessarily implies that as and when the representation is made, it should be dealt with promptly, Bimal Chandra Dutta v. State of West Bengal, AIR 1972 SC 2605 (2606). [Constitution of India, Art. 22(5)]...
Reasonable opportunity of being heard
Reasonable opportunity of being heard, the person concerned should be given a reasonable oppor-tunity of being heard before any order prejudicial to him is made in revision. If this reasonable opportunity of being heard cannot be given without the service of the notice the omission to serve the notice would be fatal; where however proper hearing can be given without service or notice, it does not matter at all, and all that has to be seen is whether even though on notice was given a reasonable opportunity of being heard was given, Fazal Bhai Dhala v. Custodian General, Evacuee Property, AIR 1961 SC 1397 (1399): (1962) 1 SCR 456. [Administration of Evacuee Property Act (31 of 1950), s. 26(1) Proviso 1]...
Reasonable opportunity of showing cause
Reasonable opportunity of showing cause, reasonable opportunity to show cause in Article 311(2) of the Constitution contemplates not merely opportunity to do so at enquiry stage but also when competent authority as result of enquiry, proposes to inflict one of three punishments mentioned in article on delinquent servant, Khem Chand v. Union of India, AIR 1958 SC 300: (1958) SCR 1080....
corporate opportunity doctrine
corporate opportunity doctrine : a doctrine of corporate law stating that fiduciaries of the corporation (as directors or officers) may not take for themselves a business opportunity offered to the corporation ...
equal opportunity
equal opportunity often attrib : freedom from discrimination (as in employment) on the basis of race, color, religion, national origin, sex, disability, age, or sometimes sexual orientation see also Equal Employment Opportunity Commission in the Important Agencies section ...
opportunity for comment
opportunity for comment :the chance to express one's views on or provide information about a proposed action and esp. informal rulemaking by a government agency called also opportunity to comment ...
opportunity to comment
opportunity to comment :opportunity for comment ...
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