Under Inclusive Classification - Law Dictionary Search Results
Home Dictionary Name: under inclusive classificationUnder-inclusive classification
Under-inclusive classification, there are two main consideration to justify an under-inclusive classifi-cation. First, administrative, necessity. Second, the legislature might not be fully convinced that the particular policy which it adopts will be fully successful or wise. Thus to demand application of the policy to all whom it might logically encompass would restrict the opportunity of a State to make experiment, Sopt. & Remembrancer of Legal Affairs v. Girish Kumar Navalakha, AIR 1975 SC 1030: (1975) 4 SCC 754 (758). [Foreign Exchange Regulation Act, 1947, s. 23 (1A)]...
Under inclusive
Under inclusive, means not sufficiently inclusive, excluding something that should be included, not affecting others similarly situated with respect to the purpose of the law and especially in violation of equal protection, Church of the Lukumi Babalu Aye v. City of Hialeah, 508 US 520....
Reasonable classification
Reasonable classification, it is now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. The classification may be founded on different bases; namely, geographical, or according to objects or occupations or the like. What is necessary is that there must be a nexus between the basis of classification and the object of the Act under consideration, Express Newspaper (Private) Ltd. v. Union of India, AIR 1958 SC 578....
Reasonableness of classification
Reasonableness of classification, it is clear that Article 14 does not forbid reasonable classification of persons, objects and transactions by the legislature for the purpose of attaining specific ends. What is necessary in order to pass the test of permissible classification under Article 14 is that the classification must not be 'arbitrary, artificial or evasive' but must be based on some real and substantial distinction bearing a just and reason-able relation to the object sought to be achieved by the legislature, R.K. Garg v. Union of India, AIR 1981 SC 2138: (1981) 4 SCC 676: (1982) 1 SCR 947....
Classification
Classification, means the classification of commodities made under s. 31 for the purpose of determining the rates to be charged for carriage of such commodities. [Railways Act, 1989 (24 of 1989), s. 2 (4)]...
Under the control of Government of India
Under the control of Government of India, in the Article 12, the word 'under the control of the Government of India' qualify the words 'authorities' and not the word 'territory' and Article 12 gives an inclusive definition of the words 'the State', K.S. Ramamurthy Reddiar v. Chief Commissioner, AIR 1963 SC 1464 (1467): (1964) 1 SCR 656....
Income-tax
Income-tax, a tax of so much in the pound of income, under five classifications, according as derived from (A) ownership of land or houses, etc., (B) occupation of land or houses, etc., (C) dividends from stocks or shares, (D) professional or trade earnings or profits, and any profit not included in the four previous classifications, and (E) official and other salaries. The Acts on this subject, dating from the Income-tax Act, 1842 (5 & 6 Vict. c. 35), which, to a great extent, repeats the phraseology of Addington's Act of 1806, are very numerous. Voluntary Easter gifts to an incumbent are assessable to income-tax, Cooper v. Blakinston, 1909 AC 104. See Chitty's Statutes, tit. 'Property Tax.'The tax in 1842, and for many years afterwards, was 7d. in the pound; in 1855,, the year of the Crime an War, it rose to 1s. 4d., and in 1918 to 6s. The Finance Act, 1907 (7 Edw. 7, c. 13), for the first time differentiated (ss. 19 et seq.) between 'earned income' and income from other sources, and...
Inclusive definition
Inclusive definition, the words used in an inclusive definition denote extension and cannot be treated as restricted in any sense, State of Bombay v. Hospital Mazdoor Sabha, AIR 1960 SC 610: (1960) 2 SCR 866....
classification
classification : the act or method of distributing into a class or category according to characteristics ;also : a class or category determined by characteristics see also suspect classification ...
suspect classification
suspect classification : a statutory classification that is subject to strict scrutiny by the judiciary of its consistency with constitutional equal protection guarantees because it affects a suspect class ;also : suspect class ...
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