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Judgment Search Results Home > Cases Phrase: rationale Court: gujarat Page 1 of about 801 results (0.006 seconds)

Jan 25 2002 (HC)

State of Gujarat Vs. Raghu @ Raghavbhai Vashrambhai and ors.

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.[6] 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 .....

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Dec 30 1999 (HC)

Kalpesh Gunwantlal Soni Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (2001)GLR381

..... strict rule of procedure as well as strict rule of providing of review, revision or delay may not be taken into consideration. if we go by the purpose, object and rationale of providing this concession or privilege to the prisoners, it is always open to the jail authorities to reconsider its earlier decision and if it is satisfied that decision needs ..... punishment upon the concerned prisoner on his late surrendering to the jail authorities have been given. the full bench has said,27. the rationale and principle behind rule 4 is clear. the furlough system has been introduced as a measure of penal reform and to harmonise the penal system. the objects as reported by ..... bench decision of this court in the case of bhikhabhai devshi v. state of gujarat & ors. (supra) again. in this case, the full bench of this court has given out rationale on principle behind rule 4 of the prisons (bombay furlough and parol rules, 1959 and further necessary guidelines as to how the matter has to be considered of imposing the .....

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Dec 11 2002 (HC)

K.D. Vohra Vs. Kamleshbhai Gobarbhai Patel

Court : Gujarat

Reported in : (2003)2GLR1343

..... failed to act in the way it did. now, that compensation can be awarded against public authorities for violation of fundamental rights in exercise of their powers, there is no rationale for any wide exclusionary rule for such liabilities.23. the tort of misfeasance in public office has two forms, which are the alternative ways in which such tort can be ..... purported exercise of a power otherwise than in an honest attempt to perform the relevant duty. it is that lack of honesty which makes act an abuse of power. the rationale of this tort of misfeasance in public office is that in a legal system based on rule of law, executive or administrative power may be exercised only for the public .....

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Apr 20 1981 (HC)

Prataprai Arjandas Dhameja and anr. Vs. Bhupatsing Gagji (by Lrs.) and ...

Court : Gujarat

Reported in : AIR1982Guj72; (1982)1GLR437

..... with any amount of justification that the learned judges of this high court has lost sight of the distinction?36. the next question that arises is was there any, valid rationale in deducting insurance payments and accident insurance payments under lord campbell's act as it stood prior to the amendment in 1908 when such payments were not deducted under common ..... law in personal injury cases? there was hardly any convincing rationale and it is precisely for that reason that it became necessary for the legislature to intervene in 1908 and thereafter from time to time to extend the principle of justice .....

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Jul 15 1981 (HC)

Maganbhai Bhikhabhai Mistri Vs. Olpad Taluka AzaddIn and ors.

Court : Gujarat

Reported in : (1982)1GLR664

..... be preferred not only qua his junior teachers but qua outsiders, provided everything is equal on merits. if this is the intent and rationale underlying the proviso, i think, with respect to the tribunal, that it clearly misconstrued the proviso and proceeded to reject the application in limine as if the only criteria for ..... teachers employed in the same school and the outsiders, preference is to be given to the senior teacher serving in the school, provided he is otherwise eligible and suitable. the rationale underlying this proviso appears to be that a senior teacher who has put in services in a school for which the appointment of principal is to be made, is to .....

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Aug 17 2001 (HC)

Akhil Gujarat Pravasi Vahan Sanchalak Mahamandal and ors. Vs. State of ...

Court : Gujarat

Reported in : AIR2002Guj121; (2002)1GLR58

..... required to pay the tax on passenger basis i.e. on actual income basis. in the submission of learned counsel, there is no reasonable classification and theclassification has also no rationale so as to achieve the objective of the act, and therefore also, this provision is bad. learned counsel for the petitioners challenged the amendment of rule 8 of the rules .....

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Dec 15 1978 (HC)

Prabhat Solvent Extraction Industries Pvt. Ltd. Vs. the State of Gujar ...

Court : Gujarat

Reported in : [1982]49STC322(Guj)

..... and the claim of set-off would be entertained only if, amongst other things, the sale of the manufactured goods falls in one or the other class or category. the rationale behind providing the relief in all these cases is the same which governs the enactment of the provisions of section 13(1)(b) read with sections 7, 8 and 10 .....

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Dec 27 1990 (HC)

Jenabai and ors. Vs. Gujarat State Road Trans. Corpn. and ors.

Court : Gujarat

Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352

..... 306 of the indian succession act, like defamation, assault or other personal injuries not causing death of the party, is to be examined in the light of the rationale and the purpose. the rationale and the purpose of such cause of action, like defamation, assault or personal injuries not causing the death belong to the realm of tort where it involves only .....

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Oct 14 1997 (HC)

Ahmedabad Municipal Corporation Vs. A.M.C. Nivrut Karmachari Sangh and ...

Court : Gujarat

Reported in : (1998)1GLR25

..... , the orders were issued giving benefits to some of the retirees up to a particular date and denying the same benefits to the retirees prior to that date without any rationale or reasoning. therefore, in all those cases benefits of new policy to the pensioners from the dates of new policy on account of new orders were made available to all ..... basis and any division which classified them into two groups by introducing a cut-off date would ordinarily violate the principle of equality in treatment unless there is a strong rationale discernible for so doing and the same can be supported on the ground that it will subserve the object sought to be achieved but in the ease of a new .....

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Apr 27 2009 (HC)

Khalid A. Hakim Vs. Assistant Commissioner of Labour, Authority Under ...

Court : Gujarat

Reported in : (2009)3GLR2065

..... decide the matter on merits. in appropriate cases, the court may refuse to exercise its discretionary jurisdiction by invoking the doctrine of forum conveniens, which appears to be the underlying rationale of the decisions in cases like adani exports (supra), national textile corporation ltd. v. haribox swalram : 2004 (9) scc 786, aligarh muslim university v. vinay engg. enterprises (p) ltd. : 1994 .....

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