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Judgment Search Results Home > Cases Phrase: rationale Court: delhi Page 1 of about 5,720 results (0.043 seconds)

May 23 2016 (HC)

ITE India Private Limited Vs. Delhi Tourism and Transportation Develop ...

Court : Delhi

..... paid amounts as demanded and the amounts also included litigation expenses, incurred by the respondent. the appellant further withdrew the writ petition and also settled its arbitration claim. 38. the rationale of the learned single judge in the impugned order dated 08.02.2016 is that the contract was still unexecuted and unconcluded as per the requirement of letter dated 12 ..... 41(e) of the specific relief act, 1963 and if termination was found to be unlawful, the only relief could be damages/compensation for the period of notice. 39. the rationale is fundamentally erroneous. the respondent is not seeking to terminate the concluded contract. the letter of 04.08.2015 is the only letter relied upon by the respondent. the letter ..... . if the stand of the respondent was that there is a concluded contract and they have the right to terminate the same, the situation would have been different and the rationale of the learned single judge could have been made applicable but that is not the case. 40. since there is a concluded contract, the respondent cannot, without terminating the same .....

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Dec 28 2007 (HC)

Alcove Industries Ltd. Vs. Oriental Structural Engineers Ltd.

Court : Delhi

Reported in : 2008(1)ARBLR393(Delhi)

..... and the bona fide thereof.32. while there is a conceivable logic to permit continuance of the arbitral proceedings following an unsuccessful challenge to the arbitrator, there is no apparent rationale to exclude the invocation of any other provision of the act for redress to a party in default in a fact situation justifying the same. in other words, if circumstances ..... the power of removal of an arbitrator (which, as noticed by me, is not provided for under the act), the same are relevant since the aforesaid rationale for removal of an arbitrator is also the rationale for the automatic termination of the mandate of an arbitrator on account of his de jure inability to function as an arbitrator.50. this court in .....

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May 25 1973 (HC)

The Indore Malwa United Mills Ltd. and ors. Vs. Union of India and ors ...

Court : Delhi

Reported in : ILR1974Delhi311

..... only manner in which the mill could continue to function would be if the extensive support was given by the state government. thus a situation had developed where the very rationale for the existence of private management had failed. the much vaunted claim of the private entrepreneur that its existence is necessary to raise untapped resources in the market by his ..... act. 1969 imposing cess on residential buildings in the city of bombay was challenged. challenge was made to the act on the ground that there was no classification and no rationale in dividing the residential and non-residential buildings as a number of buildings falling in both groups had been found to be in imminent dangerous condition and posed the problem .....

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Feb 14 2003 (HC)

Aig (Mauritius) Llc Vs. Tata Televentures (Holdings) Ltd. and anr.

Court : Delhi

Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250

..... takeover by an outsider. this premise is very doubtful. the party which is to gain from the takeover bid is one and the same i.e the tata group. the rationale behind section 395 of the act is totally negated by virtue of what i see as incestuous transactions between the two tata siblings, nay clones. if, by such machinations, the ..... ., : air1957mad341 ). in my view it is extremely important that the 90 per cent majority should comprise of different and distinct persons since this would then fall in line with the rationale of the section and justify overriding the rights and interests of the dissentients. it is also imperative that this majority should not be same as the party seeking to acquire ..... petitioner in the merged entity to be a three way venture .....'. two aspects must be underscored forthwith. firstly, that there was perceived to be a tata group, thus negating the rationale behind the 90 per cent stipulation in the said section. secondly, that the scheme of amalgamation/ reconstruction could have, and should have, contemplated the ouster of the petitioner at that ..... 637-638 and in re sussex brick co. ltd. [1960] 2 w.l.r. 665: [1960] 1 all e.r. 772. the question that arises is whether there is any rationale in the prescribed percentages, dependent upon the gravity of the measures to be effected. in my opinion, it is not legally odious to expect a minuscule group to fall in .....

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Mar 30 2016 (HC)

Telefonaktiebolaget LM Ericsson (Publ) Vs. Competition Commission of I ...

Court : Delhi

..... view of the aforesaid, there is good ground to hold that seeking injunctive reliefs by an sep holder in certain circumstances may amount to abuse of its dominant position. the rationale for this is that the risk of suffering injunctions would in certain circumstances, clearly exert undue pressure on an implementer and thus, place him in a disadvantageous bargaining position vis ..... so far as the amendments to the patents act introduced by the aforesaid amendment acts of 2002 and 2005 are concerned, the same would be construed as later enactments. this rationale was also applied by the supreme court in shri ram narain v. the simla banking and industrial co. limited: air 1956 sc 614 wherein the court while applying the principle ..... to inventors in exchange of their covenant to share its details with the public [see bayer corporation (supra)]. the entire purpose and object of granting patents is based on the rationale of rewarding invention to promote and encourage advancement in technology and industry. 109. on the other hand, the focus of the competition act is "to ensure fair competition in india .....

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May 08 2002 (HC)

Dr. Nalini Mahajan Vs. Director of Income Tax

Court : Delhi

Reported in : (2002)176CTR(Del)1; [2002]122TAXMAN897(Delhi)

..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges.41. referring to quinn v. leathain (1990-1993) aer (rep. 1), krishna kumar v. union of india : (1991)illj191sc , cit v. sun engg. co. ltd. : [1992]198itr297 ..... dias on jurisprudence, fifth edition at page 143, it is statedpronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all .....

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Feb 11 2009 (HC)

Vimal Bhai and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 158(2009)DLT477

..... executive. this application raises issues of considerable importance concerning the answerability of the executive government to carry forth the legislative mandate.the rationale behind the setting up of the neaa20. the issues raised can be better appreciated when the rationale behind the creation of the neaa is examined. the environment (protection) act, 1986 (epa) was enacted to implement the decisions taken at .....

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May 08 2002 (HC)

Dr. Nalini Mahajan, Vs. Director of Income Tax (inv.) and ors.

Court : Delhi

Reported in : 2002VAD(Delhi)353; 98(2002)DLT525; [2002]257ITR123(Delhi)

..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges. 41. referring to quinn v. leathain, (1990-1993) aer (rep. 1), krishna kumar v. union of india, : (1991)illj191sc , commissioner of income tax v. sunengineering co. ltd ..... on jurisprudence, fifth edition at page 143, it is stated- pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all .....

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Oct 03 2001 (HC)

Ram Dhari Singh and ors. Vs. Delhi Vidyut Board

Court : Delhi

Reported in : 2001(63)DRJ620

..... interests within the department. the practice adopted by the dvb, however, runs this rationale aground and defeats its very purpose. thereforee, there must be very strong and unavoidable reasons, to be dealt with specifically and spelt out in detail, that have been found necessary ..... , it also appears that the very purpose of appointing persons on deputation would be defeated if such persons are allowed to continue in the department for long periods. the salutary rationale behind appointments on deputation would be to infuse fresh as well as distinct blood into the department. this would, in large measure, fight against the creation of cliques and vested .....

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Apr 13 2009 (HC)

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 159(2009)DLT326

..... a distinction between persons who have demitted office prior to the insertion of the impugned provision, that is, 11.05.2007 and those who would demit office thereafter. if the rationale for inserting the provision is that it would enhance public interest by strengthening the administration of justice, we would not impede the said pursuit of the legislature based on tenuous ..... put in place, if the incumbent was compensated adequately in pecuniary terms by making the pension equivalent to salary last drawn and increasing the retirement age to 65 years. the rationale supplied for bringing about the amendment was, that the appointment to the bench of the high court was brought about at a relatively late age and then to deprive a ..... themselves available not only to further the cause of the assessees but also that of the revenue. in our view this submission misses the wood from the trees. the predominant rationale for introduction of this provision is to strengthen the cause of administration of justice. to remove what the legislature in its wisdom feels is a perceived class bias. if that .....

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