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Judgment Search Results Home > Cases Phrase: doctrine of proportionality Page 1 of about 2,822 results (0.009 seconds)

Apr 23 2007 (SC)

Management of Coimbatore District Central Co-operative Bank Vs. Secret ...

Court : Supreme Court of India

Reported in : 2007(2)BLJR1708; [2007(114)FLR236]; [2008(2)JCR130(SC)]; JT2007(5)SC628; (2007)IILLJ724SC; 2007(6)SCALE45; (2007)4SCC669; 2007AIRSCW2688;

..... unreasonable, a court of law can interfere with such action by exercising power of judicial review. one of such modes of exercising power, known to law is the 'doctrine of proportionality'.13. 'proportionality' is a principle where the court is concerned with the process, method or manner in which the decision-maker has ordered his priorities, reached a conclusion or arrived at ..... be vindictive or unduly harsh. it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. the doctrine of proportionality as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the court-martial, if the ..... sentence of rigorous imprisonment of one year was imposed. he was also dismissed from service, with added disqualification that he would be unfit for future employment.19. applying the doctrine of proportionality and following ccsu, venkatachaliah, j. (as his lordship then was) observed:the question of the choice and quantum of punishment is within the jurisdiction and discretion of the ..... constitution, therefore, should not have interfered with the well-considered award passed by the labour court.11. the learned counsel for the union, however, submitted that under the 'doctrine of proportionality', it was not only the power, but the duty of the 'writ court' to consider whether the penalty imposed on workmen was in proportion to the misconduct committed by .....

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May 29 2007 (HC)

Dharamraj Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... being a shocking one as required for altering the punishment imposed by the authority.31. in the disciplinary proceeding if the delinquent officer wants to get the benefit of the doctrine of proportionality of punishment then he has to explain the reasons how and why the said punishment is being shocking and disproportionate unless such reasons are given, it is not possible ..... , mr. mhamud, mainly centers his argument on sections 10(n), 11 and 12 of the cprf act, 1949 and rule 27(cc) of the crpf rules, 1955 and the doctrine of proportionality of the punishment. hence, discussion of the aforesaid provisions is necessary and accordingly, the aforesaid provisions of the crpf act and rules are reproduced hereunder:10. less heinous offences--every ..... to 29.9.01, as well as the gravity of misconduct, and in this situation the court has the power to alter and mould the punishment exercising the principle of doctrine of proportionality. in support of his aforesaid contention he referred the following decisions of the apex court as well as this court: (i) dev singh v. punjab tourism development corporation ltd ..... section 9 of the act. hence the punishment of dismissal being a major punishment and severe in nature requires to be set aside keeping in mind the prescription of the doctrine of proportionality of punishment. and, according to him, the learned single judge failed to consider the aforesaid aspects for which itself the impugned judgment as well as the order of dismissal .....

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Aug 24 2009 (SC)

Chairman Cum Managing Director, Coal India Limited and anr. Vs. Mukul ...

Court : Supreme Court of India

Reported in : AIR2010SC75; JT2009(11)SC472; (2009)IVLLJ672SC; 2009(11)SCALE608; 2009(9)LC4097(SC):2009AIRSCW5596

..... , a court of law can interfere with such action by exercising power of judicial review. one of such modes of exercising power, known to law is the 'doctrine of proportionality'.18. 'proportionality' is a principle where the court is concerned with the process, method or manner in which the decision-maker has ordered his priorities, reached a conclusion or arrived ..... an outrageous defiance of logic, then the sentence would not be immune from correction. irrationality and perversity are recognised grounds of judicial review. (emphasis supplied) 26. the doctrine of proportionality is, thus, well recognized concept of judicial review in our jurisprudence. what is otherwise within the discretionary domain and sole power of the decision maker to quantify punishment once ..... be vindictive or unduly harsh. it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. the doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the court martial, if ..... a sentence of rigorous imprisonment of one year was imposed. he was also dismissed from service, with added disqualification that he would be unfit for future employment.28. applying the doctrine of proportionality and following ccsu, venkatachaliah, j. (as his lordship then was) observed: (scc p. 620, para 25)the question of the choice and quantum of punishment is .....

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Jul 03 2007 (HC)

M.C. Jena Vs. the Commandant, Central Industrial Security Force Unit a ...

Court : Andhra Pradesh

Reported in : 2008(1)ALD317; 2008(1)ALT733

..... is whether the punishment of removal from service imposed by respondent no. 1 is ex facie arbitrary or is shockingly disproportionate warranting invoking of the doctrine of proportionality. the application of the doctrine of proportionality is always a tricky issue. while punishing an employee found guilty of misconduct, the employer/competent authority is required to take into account the total ..... would not be immune from correction. irrationality and perversity are recognized grounds of judicial review.18. in union of india v. g. ganayutham : (2000)iillj648sc , the doctrine of proportionality was considered along with wednesbury rule and the following propositions were laid down:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury test ..... vindictive or unduly harsh. it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. the doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the court-martial, ..... order of punishment if the finding of guilty recorded by the enquiring/ disciplinary authority is based on no evidence or is influenced by extraneous factors/considerations. the doctrine of proportionality and wednesbury rule can be invoked by the high court if it is convinced that the punishment imposed by the employer is per se arbitrary/capricious or .....

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Nov 14 2006 (HC)

G.V. Triveni Prasad Vs. Syndicate Bank and ors.

Court : Andhra Pradesh

Reported in : 2007(1)ALD713; 2007(1)ALT491; (2007)IILLJ685AP

..... not be immune from correction. irrationality and perversity are recognized grounds of judicial review.24. in union of india v. g. ganayutham : (2000)iillj648sc , the doctrine of proportionality was considered along with wednesbury rule and the following propositions were laid down:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury ..... of maintaining discipline in the services and the larger public interest.23. in ranjit thakur v. union of india : 1988crilj158 , the supreme court invoked the doctrine of proportionality for quashing the order of punishment because the same was found to be shockingly disproportionate to the misconduct found proved against the appellant. the proposition laid down ..... and shockingly disproportionate are often used by the advocates representing the delinquent employees who seek intervention of the court for invalidation of the order of punishment. the doctrine of proportionality and wednesbury rule have also been pressed into service for persuading the courts to interfere with the employers' prerogative to punish the employee. but, the courts ..... v. committee, management of mm degree college : air2004sc248 and divisional manager, plantation division a and n islands v. munnu barrick : (2005)illj557sc .21. the doctrine of proportionality invoked by shri v.v. sivarama prasad is also not available to the petitioner for seeking modification or substitution of the penalty of removal from service because the charges .....

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Aug 28 2006 (HC)

K. Yadaiah Vs. Chief Security Commissioner, Railway Protection Force, ...

Court : Andhra Pradesh

Reported in : 2006(6)ALT49

..... . j.r. ghemari : (1999)6scc403 . secretary, a. p. swrei society v. j. prathap : (2002)iillj454sc . wherein the supreme court disapproved the invoking of the doctrine of proportionality by the high courts.16. by applying the ratio of the aforementioned judgments to the facts of this case, we hold that the punishment imposed on the appellant is neither ..... be immune from correction. irrationality and perversity are recognized grounds of judicial review. 11. in union of india v. g. ganayutham : (2000)iillj648sc . the doctrine of proportionality was considered along with wednesbury rule and the following propositions were laid down:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury test ..... of maintaining discipline in the services and the larger public interest,10. in ranjit thakur v. union of india : 1988crilj158 . the supreme court invoked the doctrine of proportionality for quashing the order of punishment because the same was found to be shockingly disproportionate to the misconduct found proved against the appellant. the proposition laid down in ..... and shockingly disproportionate are often used by the advocates representing the delinquent employees who seek intervention of the court for invalidation of the order of punishment. the doctrine of proportionality and wednesbury rule have also been pressed into service for persuading the courts to interfere with the employers' prerogative to punish the employee. but, the courts .....

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Feb 12 2008 (SC)

State of M.P. and ors. Vs. Hazarilal

Court : Supreme Court of India

Reported in : AIR2008SC1300; 2008(56)BLJR986; JT2008(2)SC390; (2008)IILLJ715SC; (2008)2MLJ1061(SC); 2008(2)SCALE361; (2008)3SCC273; 2008(1)LC315(SC); 2008AIRSCW1354; 2008LABIC1102; 2008(2)Supreme51; 2008(2)KCCRSN129

..... coimbatore district central cooperative bank v. coimbatore distarict central cooperative bank employees association and anr. (2007) 4 scc 669 wherein also this court accepted the applicability of the doctrine of proportionality. therein this court has quoted with approval the decision of this court in ranjit thakur v. union of india and ors. : 1988crilj158 as also m.p. ..... i do not propose to discuss, a few generalisations are perhaps permissible. i would mention three concrete differences without suggesting that my statement is exhaustive. first, the doctrine of proportionality may require the reviewing court to assess the balance which the decision maker has struck, not merely whether it is within the range of rational or reasonable decisions. ..... majesty's attorney general and anr. [2007] 3 wlr 922.14. it is interesting to note that distinguishing between the traditional grounds of judicial review and the doctrine of proportionality, lord carswell in tweed (supra) after referring to previous decisions and authorities, observed:the starting point is that there is an overlap between the traditional grounds of ..... .11. we express similar dis-satisfaction in this case. 12. furthermore the legal parameters of judicial review has undergone a change. wednesbury principle of unreasonableness has been replaced by the doctrine of proportionality. [see : indian airlines ltd. v. prabha d. kumari : (2007)iillj113sc ; state of u.p. v. sheo shanker lal srivastava : (2006)iillj219sc and m.p. .....

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Dec 11 2007 (SC)

Jitendra Kumar and ors. Vs. State of Haryana and anr.

Court : Supreme Court of India

Reported in : 2007(14)SCALE125; (2008)2SCC161; 2008AIRSCW322; 2007(8)Supreme480; 2008(1)LH(SC)38

..... such problem. this court not only has noticed the development of law in this field but applied the same also.42. the fact that in some jurisdictions, doctrine of unreasonableness is giving way to doctrine of proportionality is beyond any dispute. [see indian airlines ltd. v. prabha d. kanan : (2007)iillj113sc and state of u.p. v. sheo shanker lal srivastava and ors ..... taken pursuant thereto or in furtherance thereof, cannot be invalidated.we also fail to see any reason as to why the doctrine of promissory estoppel will apply in the instant case.41. dr. dhawan has laid strong emphasis on the doctrine of proportionality and reasonableness, drawing sustenance from the dicta of this court laid down in teri oat estates (p) ltd. v. u ..... can bring an administrative decision within the legitimate scope of judicial invalidation.although quoting and sympathizing with these weighty opinions, and acknowledging that 'the wednesbury test is moving closer to proportionality', the court of appeal has held that 'it is not for this court to perform the burial rites'. that task must be left to the house of lords, and meanwhile ..... wade's administrative law, ninth edition, pages 371-372:goodbye to wednesbury?the wednesbury doctrine is now in terminal decline, but the coup de grace has not yet fallen, despite calls for it from very high authorities. lord slynn said in the alconbury case, with reference to proportionality:i consider that even without reference to the human rights act 1998 the time .....

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Aug 28 2006 (HC)

K. Yadaiah Vs. Chief Security Commissioner, Railway Protection Force a ...

Court : Andhra Pradesh

Reported in : 2006(6)ALD254; [2007(112)FLR130]

..... not be immune from correction. irrationality and perversity are recognized grounds of judicial review.11. in union of india v. g. ganayutham : (2000)iillj648sc , the doctrine of proportionality was considered along with wednesbury rule and the following propositions were laid down:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury test ..... or unduly harsh. it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. the doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the court-martial, ..... of maintaining discipline in the services and the larger public interest.10. in ranjit thakur v. union of india : 1988crilj158 , the supreme court invoked the doctrine of proportionality for quashing the order of punishment because the same was found to be shockingly disproportionate to the misconduct found proved against the appellant. the proposition laid down in ..... unconscionable and shockingly disproportionate are often used by the advocates representing the delinquent employees who seek intervention of the court for invalidation of the order of punishment. the doctrine of proportionality and wednesbury rule have also been pressed into service for persuading the courts to interfere with the employers' prerogative to punish the employee. but, the courts have .....

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Jul 10 2007 (HC)

A. Raj Kumar Vs. Divisional Security Commissioner, Rpf and ors.

Court : Andhra Pradesh

Reported in : 2008(2)ALD844; 2008(4)SLR507

..... not be immune from correction. irrationality and perversity are recognized grounds of judicial review.9. in union of india v. g. ganayutham : (2000)iillj648sc , the doctrine of proportionality was considered along with wednesbury rule and the following propositions were laid down:(1) to judge the validity of any administrative order or statutory discretion, normally the wednesbury test ..... vindictive or unduly harsh. it should not be so disproportionate to the offence as to shock the conscience and amount in itself to conclusive evidence of bias. the doctrine of proportionality, as part of the concept of judicial review, would ensure that even on an aspect which is, otherwise, within the exclusive province of the court-martial, ..... in cases involving fraud, misrepresentation or misappropriation/ embezzlement of public funds.8. in ranjit thakur v. union of india : 1988crilj158 , the supreme court applied the 'doctrine of proportionality' and interfered with the discretion exercised by the employer to punish delinquent employee. some of the observations made in that judgment are extracted below:judicial review generally speaking, ..... order of punishment if the finding of guilty recorded by the enquiring/disciplinary authority is based on no evidence or is influenced by extraneous factors/considerations. the doctrine of proportionality and wednesbury rule can be invoked by the high court if it is convinced that the punishment imposed by the employer is per se arbitrary/capricious or .....

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