stated that the impugned Ordinance and Act 23 of 1996 are arbitrary and amount to a virtual punishment given by the Legislature to persons ... challenges the impugned Ordinance and Act 23 of 1996 as wholly illegal, arbitrary and without any jurisdiction. By proceedings dated 16.2.1995, the District Temple Administration
Institutions affiliated to it) Regulations, 2009 as notified on 11.07.2009 is arbitrary and violative of Articles 14 and 16 of the Constitution of India ... amendment of the Minimum Qualification Regulations, 2009, dated 11th July, 2009, is arbitrary and violative of Articles 14 and 16 of the Constitution, learned Judge
reported in CDJ
2013, MHC 1921, that it would be totally arbitrary and unfair to deny
appointment to any young man, who has been found ... others vs. Sandeep Kumar (supra),
holding, that it will be totally arbitrary and unfair to deny appointment to a
young man, who has been found
relating to "the cost of the proposed construction" leads to arbitrariness and hence article 14 of the Constitution is violated. When the impugned ... context of section 4 of the Evidence Act, if an arbitrary determination is to be made conclusive proof, it would lead to unquestionable power being
cess, as an implication of Section 40(a)(ia) which is arbitrary, unreasonable and violative of Article 14 besides operating as an unreasonable restriction ... Section 194C with penalty, nevertheless, Section 40(a)(ia) imposes recovery of arbitrary and disproportionate tax from the petitioners. The proviso to Section
regulation as a reasonable exertion of Governmental authority or condemn it as arbitrary or discriminatory. The phrase 'affected with public interest
mind and in violation of the principles of natural justice and, hence, arbitrary and illegal.
2. The petitioner in the said writ petitions ... read down in the interest of justice; that the said section is arbitrary and in violation of the fundamental rights guaranteed under Articles
order problem, the same cannot be said to be arbitrary.
11. It is to be noted that after registration of the
cases in the year ... violated by powers
and procedures which in themselves result in unfairness and arbitrariness. It
must be remembered that our entire constitutional system is founded
further contended that Section 50C is arbitrary in nature and a remedy-less provision. No opportunity is provided to the aggrieved assessees to establish that ... Court even retrospectively. The provision cannot be regarded as arbitrary. The assessee has been given ample opportunity to prove the bonafide of the transaction either
issues and attempts to provide certain parameters that may minimize the arbitrariness. In Part
IV the conclusions/decision of this Court is made known.
PART ... Constitution, at the operational level the
PSO leaves enormous space for its arbitrary exercise, which the police officials exploit
unfailingly. The only provision
