Court : Punjab and Haryana
Reported in : (2008)149PLR606
..... all those persons, who have completed 45 years of age. it was, therefore, concluded that in the absence of any dependable material in support of the rationale, pressed into service, to justify the enactment of the rule, the rule was discriminatory, unreasonable, arbitrary, utra vires of the act and opposed to article ..... and under the impugned rule they are not debarred from practising. therefore, in the first place there is no dependable material in support of the rationale on which the rule is founded and secondly the rule is discriminatory as it debars one group of persons who have crossed the age of 45 ..... bar council of india and is, therefore, ultra vires the act.13. the next question is, is the rule reasonable or arbitrary and unreasonable? the rationale for the rule, as stated earlier, is to maintain the dignity and purity of the profession by keeping out those who retire from various government, quasi ..... domain of a state bar council. the hon'ble supreme court thereafter proceeded to examine the validity of the amendment i.e the basis, the rationale and the legality of the amendment, and held as follows:12... we are unable to subscribe to the view that all those who have completed ..... the rolls of the bar council of punjab and haryana if, on the date of his application, he has crossed the age of 45 years. the rationale for this rule, as forcefully asserted by counsel for the bar council, is the urgent need to maintain standards of professional ethics, integrity and competence, .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1975P& H324
..... the state government with unguided and uncanalised powers to fix any quantity of wheat which may be possessed by a producer without laying any guidelines or rationale for doing so. as an example of the exercise of such a power, it was pointed out that clause (4) appears to be of ..... /- per quintal and, on the other, the position is that the state and its agencies would offer only rs. 116/- to the producer. no rationale for this has been suggested and this exhibits the arbitrary power of the respondent which has acquired, a monopoly of purchasing the commodity in the surplus state ..... is forcefully pointed out that these price ranges are equally applicable to the producers in those states as well. it is the case that without any rationale or policy, the producer within the state of punjab is being discriminated against though there are sizeable indications that in fact the cost of production within ..... the punjab states civil supplies corporation had been given some vague instructions to purchase in the market at a price of rs. 116/- per quintal, no rationale, however, was given as to how this price has been arrived at in face of the state's claim that the controlled price has been fixed ..... the stock order taken collectively make a frontal and direct inroad into the abovesaid fundamental rights of the petitioner and thus cannot be supported on any rationale or logic.31. specifically, clause 3 of the stock order has been assailed on the ground that it gives arbitrary and unca-nalised powers to .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1982P& H480
..... their father or husband. as regard the claim to pre-emption on the basis of a co-sharer, no meaningful argument was addressed against the rationale of the judgment of the first appellate court. this appeal is, therefore, dismissed with no orders as to costs, in view of the rather ..... village and the village community ; and (2) to implement the agnatic rule of succession.' it would be manifest from the above that the basic rationale underlying the law of pre-emption, under this jurisdiction, is first to maintain the homogeneity and integrity of the agricultural tribe of the particular village ..... sale, and that sale is a condition precedent, not to the existence of the right, but only to its enforceability.'in this particular jurisdiction the rationale of the custom of pre-emption was noticed in the following terms by sir james m. douis in para no. 127 of the punjab settlement ..... the full bench in karta ram's case (supra) was affirming a long line of unbroken precedent in court which had earlier given various rationales therefor and against which not a single contrary judgment could be cited as stands expressly noticed therein. nevertheless, it was observed categorically therein apparently ..... other words, for the purpose of applying the rule of stare decisis, it is unnecessary to enquire or determine as to what was the rationale of the earlier decision which is said to operate as stare decisis.'10. following the aforesaid authoritative enunciation of the doctrine, it must necessarily be .....Tag this Judgment!
Court : Chennai
Reported in : 133STC347(Mad)
..... to be paid to the said lorry owner, who happened to transport the groundnut oil to the dealer at bombay.17. this sort of a rationale or reasoning, as projected by the tribunal is definitely a pointer to make it appear that the tribunal did not at all apply its mind ..... making assessment on the turnover. therefore, the assessment made at 10 per cent on a turnover of rs. 2,53,414 is cancelled.'16. the rationale or reasonings, as projected by the tribunal in cancelling the assessment is quite contra even to the puerile explanation trotted out by one of the partners ..... 13. unfortunate it is that the tribunal, while reversing the orders of the authorities below, did not at all advert to as to how the rationale or reasoning, as projected by the assessing authorities below were not amenable to reason and therefore could not be accepted. it is not incumbent for ..... despatched many a time oil through the same lorry or different lorries to the same consignee or different consignees at bombay. this sort of a rationale had also been taken into account by the assessing officer, viewing things from the angle of common sense and the ordinary course of events happening in ..... the assessing officer, in coming to the conclusion, subsequently affirmed by aac, but also it referred to certain rationale or reasoning, not even adverted to by learned counsel appearing for the assessee and the rationale or reasoning, adverted to by the tribunal from the fathom of its imagination reads as under :'3................ .....Tag this Judgment!
Court : Gujarat
Reported in : (2003)1GLR205
..... the social conscience of its rulers and its people.5. related to the welfare theory is the theory of 'mercy of the government'. under this rationale, it is argued that the state has the power to deal mercifully with certain individuals. thus, it may, by legislative grace, grant compensation to ..... to protect the individual it has broken its agreement, and should thus be liable for damage done to the victim of crime. such a rationale will argue for the most liberal type of compensation programme, in principle a citizen has a right to advance claim against the state for ..... their being victims society has an obligation to compensate the victim for that failure of protection. it would be worthwhile to refer the deterrent rationale for introducing of compensation scheme projects and programmes in the penal process suggested and advocated by learned author mr. rajan ' [victimology in india]1 ..... has also been observed that judicial responses have often been not very positive and therefore, it is not surprising to observe that the logically and rationale for enhancement and implementation of victims rights and the criminal justice system most frequently proceeds from and not legally on judicial sources. it is ..... so also, the judicial response has, far been not very happy. it is, therefore, not opposing to observe that the rationale for enhancement of victims rights in the criminal justice system must frequently proceed from a non-legal base. following aspects are some of the important and .....Tag this Judgment!
Court : Mumbai
Reported in : 1998(5)BomCR671; (1998)2BOMLR719; 1998(2)MhLj727
..... activities was so enormous that on account of mere delay in the execution of the order the live-link between his prejudicial activities and the rationale of clamping a detention order on him was not snapped. we went through the grounds of detention and the statement of the detenue recorded under ..... cofeposa act was not genuine. we also feel that on account of it the live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him was snapped.33. we also examined the matter from the perspective of the propensity and potentiality of the ..... of law, that it is not necessary to take recourse to provisions under section 7 of the national security act, for that would be rendering the rationale of having such a provision natatory. when the legislature, in all its wisdom, enacts a provision, it is with the avowed object that it be ..... subjective satisfaction of the detaining authority to preventively detain the detenue but also severs in live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be resorted to without undue delay.in ..... upon him.it has also been mentioned that considering the gravity of the incident, the nexus between the prejudicial activities of the detenues and the rationale of clamping a detention order on him was not snapped.the detaining authority has also averred that there was no delay in the service of .....Tag this Judgment!
Court : Mumbai
Reported in : 2001ALLMR(Cri)794; 2001BomCR(Cri)753; (2001)3BOMLR241; 2001CriLJ2472
..... because delay severs the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. but, where the grounds of detention make it manifest that the propensity and potentiality of the detenu to commit prejudicial activities of the ..... of the detenu, as reflected from the grounds of detention. it is manifest that on account of it, the live link between the prejudicial activities of the detenu and the rationale of clamping a detenion order on him has not been snapped. more than often, it is forgotten that the courts strike down a detention order on the vice of delay ..... view, bearing in mind the propensity and potentiality of the detenu to commit prejudicial activities could not have snapped the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him.10. mr. pitale, learned counsel for the petitioner, strenuously urged that the proposal to detain the detenu in the instant case has proceededat ..... of the detenu to commit similar prejudicial activities. it cannot be said that on account of the delay. the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped. 9. we have examined ground 17(a) and paragraphs 19 and 3 of the return of the detaining authority and .....Tag this Judgment!
Court : Allahabad
Reported in : 1996CriLJ665
..... decided on october 27, 1993, of which m. katju, j. was a member.36. strong reservations were expressed by bahuguna, j. in ajai singh's case to the rationale of the judgments in ganesh chandra bhatt, 1993 (30) acc 204 and devendra pratap singh's cases (supra) civ. misc. writ pet. no. 29963 of 1993, d ..... where, as pointed out earlier, it was held that there could be post-decisional hearing for suspension or revocation of the licence. this being so, the rationale thereof was clearly binding upon the learned single judge and yet, its correctness is being sought to be put under cloud. this is where the principle of binding ..... 1481 : 1990 cri lj 409 (supra) it had been held that a gun licence could be suspended during proceedings for its cancellation. it. was on this rationale that the learned judge concluded with the observations 'i am of the respectful opinion that the two full bench decisions in c.p. sahu's case : air1985all291 ..... of the superior courts and of larger benches have to be followed unhesitatingly whatever doubts one may individually entertain about their correctness. the rationale for this is plain because to seek a universal intellectual unanimity is an ideal too utopian to achieve. consequently, the logic and the ..... the ratio of a larger bench is rested, are not matters open for reconsideration. negatively put, therefore, the challenge to the. rationale and reasoning of a larger bench is not a valid ground for unsettling it and seeking a re-opening and re-examination of the .....Tag this Judgment!
Court : Mumbai
Reported in : (2001)3BOMLR549; 2001(3)MhLj737
..... , the genuineness of the subjective satisfaction of the detaining authority to detain the detenu has been rendered suspect, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped and the detention order has ceased to be preventive, as it should be in law, and instead has become punitive ..... with mrs. tahilramani's submission that bearing in mind the propensity and potentiality of the detenu to commit similar prejudicial activities, the live link between his prejudicial activities and the rationale of clamping a detention order on him has not been snapped by a mere delay of about four and a half month on the part of the detaining authority in ..... , bearing in mind the propensity and potentiality of the detenu to indulge in similar prejudicial activities in future, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.5. we have perused the averments contained in ground no. 6(b) of the petition: those contained in para ..... was passed, there is a gap of nearly 41/2 months and on account of the said gap the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped resulting in the detention order being rendered unsustainable in law. to fortify his submission, pleaded in ground no. 6(b .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1985SC257; 1984(2)SCALE933; (1985)1SCC290; 2SCR398; 1985(17)LC491(SC)
..... the impugned notification must be regarded as having been based on an intelligible differentia counsel for the petitioners and the appellants also fairly conceded* that such classification would be a rationale one more so in view of the observations made by this court in that behalf in p. j. irani's case (supra). the question is whether the said classification has ..... (hat the reservation of authority in the present ordinance to deal in a special manner with such exceptional cases is unassailable on constitutional institutional grounds.in our view the same rationale must apply to the conferral of such power on the slate government to grant exemptions or to make exceptions even in cases of beneficial legislations like the present enactment in ..... to such guidance or not and, therefore, it will be useful to advert briefly to the guidance so afforded at the outset we would like to point out that the rationale behind the conferral of such power to grant exemptions or to make exceptions has been very succinctly elucidated by the american supreme court in the leading case of gorieb v .....Tag this Judgment!