Unfettered - Law Dictionary Search Results
Home Dictionary Name: unfetteredUnfettered
Unfettered, does not and cannot mean unbridles or unrestrictive powers and though exercise of discretion of the widest possible amplitude, but the same has to be exercised in a manner with care, caution and restraint so as to subserve the ends of justice, Industrial Credit & Investment Corpn. of India Ltd. v. Karnataka Ball Bearing Corpn. Ltd., (1999) 7 SCC 488....
Compensatory tax
Compensatory tax, a working test for deciding whether a tax is compensatory or not is to enquire whether the trades people are having the use of certain facilities for the better conduct of their business and paying not patently much more than what is required for providing the facilities. It would be impossible to judge the compensatory nature or a tax by a meticulous test, and in the nature of things that cannot be done, Automobile Transport (Rajasthan) Ltd. v. State of Rajasthan, AIR 1962 SC 1406 (1425). (Constitution of India, Art. 301)Means taxes which would otherwise interfere with the unfettered freedom under Art. 301 will be protected from the vice of unconstitutionality if they are compensatory, Jindal Stainless Ltd. (2) v. State of Haryana, (2006) 7 SCC 241.Compensatory tax, is a compulsory contribution levied broadly in proportion to the special benefits derived to defray the costs of regulation or to meet the outlay incurred for some special advantage to trade, commerce and...
Rule of law
Rule of law, executive instructions cannot override the provisions of law, such a method will destroy the very basis of the rule of law, Muna Lal Jain v. State of Assam, AIR 1962 SC 386.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 is the result of the ordinary law of the land, Introduction to the Study of the Law of Constitution, A.V. Dicey, 2003, pp. 202-203.Means an authoritative legal doctrine, principle or precept applied to the facts of an appropriate case, Wright v. Wright, 904 P 2d 403 (1995).Rule of law, the binding character of judgments pronounced by courts of competent jurisdiction is itself an essential part of the rule of law, and the rule of law obviously is the basis of the administration of justice on which constitution lays emphasis, Daryo v. State of Uttar Pradesh, AIR 1961 SC 1457.Rule of law,...
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