Mr.D.R.Dhingra vs Union Of India & Anr. on 23 February, 2011
In Priya Shah (supra), A Division Bench of this Court had held
that "undue" means something which is not merited by the conduct of
the claimant, or is very much disproportionate to it. It was held that
"undue hardship" is caused when the hardship is not warranted by the
circumstances. For a hardship to be "undue", it must be shown that
the particular burden to observe or perform the requirement is out of
proportion to the nature of the requirement itself, and the benefit which
the applicant would derive from compliance with it, therefore, "undue"
adds something more than just hardship which means an excessive
hardship or a hardship greater than the circumstances warrant.