Reasonable Opportunity - Law Dictionary Search Results
Home Dictionary Name: reasonable 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...
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....
Reasonable opportunity and reasonable
Reasonable opportunity and reasonable, would depend upon the fact situation, Transmission Corporation of A.P. Ltd. v. Shree Ramakrishna Rice Mill, (2006) 3 SCC 74....
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...
hearing
hearing 1 : a proceeding of relative formality at which evidence and arguments may be presented on the matter at issue to be decided by a person or body having decision-making authority compare trial NOTE: The purpose of a hearing is to provide the opportunity for each side of a dispute, and esp. a person who may be deprived of his or her rights, to present its position. A hearing, along with notice, is a fundamental part of procedural due process. Hearings are also held, as for example by a legislature or an administrative agency, for the purpose of gathering information and hearing the testimony of witnesses. administrative hearing : a hearing conducted by an official (as an administrative law judge) or a body (as a review board) of an administrative agency regarding an agency action and esp. an action under dispute confirmation hearing 1 : a hearing conducted by the U.S. Senate to examine a nominee for the U.S. Supreme Court NOTE: Article II of the U.S. Constitution provides ...
Cruel and unusual treatment
Cruel and unusual treatment, contrary to s. (5) 2(b) of the constitution of offer a condemned man the possibility of obtaining an international determina-tion material to the question of commutation, but then to improve arbitrary restriction which prevent him having a reasonable opportunity to obtain a substantive conclusion, Briggs v. Baptiste (PC), (2000) 2 AC LR 40.No cruel and unusual punishment should be inflicted therefore in itself prevents hanging being adopted as the method of execution for the reasons which he (accused) has put forward and nothing in the constitution invalidates that existing law, Boodram v. Baptiste (PC), (1991) 1 WLR 1711 [Bill of Rights, 1689 (UK)....
Sample
Sample, a small quantity of a commodity exhibited at public or private sales as a specimen. Where goods are warehoused, certain small specified quantities may, by the regulations of the Custom House, be taken out as samples without payment of duty.On a sale of goods by sample, conditions are implied that the bulk shall correspond with the sample, that the buyer shall have a reasonable opportunity of comparing the bulk with the sample, and that the goods shall be freed from any defect, rendering them unmerchantable, which would not be apparent on reasonable examination of the sample, (English) Sale of Goods Act, 1893, s. 15.As to samples for the purpose of analysis, see Food and Drugs (Adulteration)Act, 1928 (English) (18 & 19 Geo. 5, c. 31), and ADULTERATION.Means a sample of any article of food taken under the provisions of this Act or of any rules made thereunder. [Prevention of Food Adulteration Act, 1954, s. 2(xiv)]...
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)...
accept
accept 1 a : to receive with consent [ a gift] [ service] b : to assent to the receipt of and treat in such a way as to indicate ownership of [ed the shipment despite discovering defects in the merchandise] compare reject NOTE: Under section 2-606(1) of the Uniform Commercial Code, a buyer accepts goods if: 1) he or she indicates to the seller after a reasonable opportunity to inspect them that he or she will keep them; 2) he or she fails to effectively reject them; 3) he or she acts in a way that is inconsistent with seller's ownership of the goods. 2 : to make an affirmative or favorable response to ;specif : to indicate by words or action one's assent to (an offer) and willingness to enter into a contract NOTE: A contract is created when the offer is accepted. 3 : to assume orally, in writing, or by conduct an obligation to pay [ing a draft] 4 of a deliberative body : to receive (a report) officially (as from a committee) vi 1 : to receive favorably something offered usu...
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