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Judgment Search Results Home > Cases Phrase: rationale Court: chennai Page 6 of about 2,185 results (0.029 seconds)

Jan 12 2009 (HC)

The Commissioner of Customs (Sea Port Import) and the Additional Commi ...

Court : Chennai

Reported in : 2009(162)LC122(Madras); 2009(235)ELT770(Mad)

..... their appellate function or exercise the power of judicial review in adjudicating the validity of the decision. right to reason is an indispensable part of a sound judicial system. another rationale is that the affected party can know why the decision has gone against him. one of the salutary principles of natural justice is spelling out reasons for the order made ..... amounts to denial of justice. reasons are live-links between the mind of the decision-taker to the controversy in question and the decision or conclusion arrived at.the above rationale was also followed by the apex court earlier in chairman and managing director, united commercial bank v. p.c. kakkar : (2003)iillj181sc .13. 'writ of mandamus' lies on the principle .....

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Mar 09 1979 (HC)

Coimbatore Municipality Vs. C.G. Subbiah

Court : Chennai

Reported in : AIR1980Mad130

..... very same decision rendered by ramw prasada rao, j. (as he then was), con ended that inasmuch as the municipality has fixed different rates for different stall holders without any rationale behind, it, the fixation of the fee has to be struck down as arbitrary, discriminatory and opposed to the principles of natural justice. the learn ed counsel further submitted that ..... fixation of licence fee, which cannot be justified. raghavan j. then concluded by stating that the finding of the learned appellate judge (district judge, coimbatore) that there is a definite rationale in fixing the fee payable by the various stall holders in accordance with the extent of the trade carried on in that stall is not correct, as that would offend ..... been effected in learned district judge, after considering accordance with, the provisions of the evidence on record, and observing municipal laws and is intra vires that there is a definite rationale in fixing of the powers of the council. it the fee payable by the various stallholders been further averred that the holders in accordance with the extent of the council .....

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Dec 05 2008 (HC)

Unik Traders Vs. Union of India (Uoi), Represented by Its Secretary, M ...

Court : Chennai

Reported in : 2009(241)ELT338(Mad)

..... commerce throughout the territory of india is free and when under the exim policy imports of betel nuts are free, the impugned notification imposes restrictions on geographical basis without any rationale. (5) the classification made in the impugned notification on geographical basis has no intelligible criteria and the same has no reasonable nexus with the object sought to be achieved. 4 ..... has held as follows:.in other words, every action of a public authority must be based on utmost good faith, genuine satisfaction and ought to be supported by reason and rationale. it is, therefore, not only the power but the duty of the court to ensure that all authorities exercise their powers properly, lawfully and in good faith. if powers are .....

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Jul 30 2007 (HC)

P. Sankara Narayanan, Proprietor, Shri Bhuvaneswari Films Vs. State of ...

Court : Chennai

Reported in : AIR2007Mad317; (2007)9VST401(Mad)

..... sought to be fastened by such amendment i.e., payment of entertainment tax at a higher rate in respect of dubbed tamil films, being discriminatory, arbitrary, capricious and without any rationale, is violative of the provisions contained in articles 14 and 19 of the constitution of india. this also affects the freedom of expression.5. in the counter affidavit originally filed ..... respect of films dubbed into tamil. it is further stated that the impugned amendments having been made to save tamil film industry, it cannot be said that there is no rationale behind the classification and there is reasonable nexus with the objects sought to be achieved.6. during pendency of the writ petitions, a further counter affidavit has been filed on ..... dubs such film in tamil and exhibits the same within tamil nadu will be affected by such imposition of entertainment tax at a differential rate.12. we hardly see any rationale behind such a provision. according to us, there is no basis for classification, far less any reasonable basis nor there is any nexus between the classification and object to be .....

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Oct 22 2007 (HC)

D. Rathinavel Pandian and ors. Vs. State of Tamil Nadu Rep. by Secreta ...

Court : Chennai

Reported in : (2007)6MLJ1543

..... that in different departments, the officials working in the lower category, while in service are permitted to compete for higher post. according to the learned senior counsel, there is no rationale or reason to deter or to prevent or to disallow the executive officers having rich experience in the field, to participate in the examination for the assistant commissioner post. the ..... the administration of the temple, but also in advancing the cases of the temple and defending the litigations filed against the temple in the past. there is no reason or rationale behind as could be seen that for the direct recruitment for the post of assistant commissioners, only the lawyers who have practiced not less than for three years, could be .....

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Mar 31 2006 (HC)

Pon Paramaguru, Director General of Police (Retd.) Vs. State of Tamil ...

Court : Chennai

Reported in : 2006(2)CTC241; (2006)3MLJ129

..... the effect that to place such restrictions on the state government in the matter of personnel management on the ground that it would disrupt the electoral process is stretching and rationale to illogical extremes and indeed it interfere with the right of the state government to determine exigencies of public interest and running the day-to-day administration of the state .....

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Apr 29 2014 (HC)

P.Jayabharathi Vs. State of Tamil Nadu

Court : Chennai

..... the system adopted under the impugned government order violates articles 14 and 16(1) of the constitution of india. the learned counsel would further submit that there is no scientific rationale behind the grading system adopted. instead, according to him, the raw marks of the candidates should have been taken as the basis for selection.50. per contra, the learned advocate .....

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Nov 30 2015 (HC)

V. Vinod Kumar Vs. V. Arunadevi

Court : Chennai

..... child, below five years, with the mother, unless she is found fit. let me consider the decisions relied on by the parties and few decisions on the aspect. 58. the rationale in incorporating the word, ordinarily recognises that the custody of a child of tender age should be with the mother. in zainab bibi v. abdul kareem reported in air 1926 .....

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Aug 11 2016 (HC)

Aircel Cellular Ltd. and Another Vs. Union of India, Thro' Secretary, ...

Court : Chennai

..... percentage of agr and when trai had opined that already higher levels of usage charges have been agreed and are being collected from the service providers by the government, the rationale behind the levy of otsc, which is against the contract, is indiscernible, more so, when trai had further opined that penetration in rural areas and affordability of telecom services to .....

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Sep 07 2007 (HC)

Sony India Ltd. Vs. Commercial Tax Officer and ors.

Court : Chennai

Reported in : (2008)18VST49(Mad)

..... tax should not be violative of the fundamental rights guaranteed under part iii of the constitution, (iv) that the classification should be on the basis of 'intelligible differentia' which has rationale object with the statute and (iv) that there should not be any discrimination in tax pattern between the same group or categories of goods.24. the challenge to the impugned .....

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