Skip to content


Judgment Search Results Home > Cases Phrase: rationale Court: kerala Page 2 of about 786 results (0.036 seconds)

Apr 11 1984 (HC)

Prathapan Vs. Registrar, High Court of Kerala

Court : Kerala

Reported in : (1984)IILLJ214Ker

..... eligibility, then plainly there can be no bar for the respondent-state to seek persons with higher qualifications than the lowest level laid down by the rule makers. ordinarily, the rationale underlying the prescription of qualifications in most statutes or rules is to prevent poor or unqualified persons to be appointed to a post in the public service which requires the .....

Tag this Judgment!

Jun 15 1992 (HC)

Suresh Kumar Vs. State of Kerala

Court : Kerala

Reported in : (1992)IILLJ833Ker

..... of uniform basis and any division which qualified them into two groups by introducing cutoff 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.12. the objects sought to be achieved .....

Tag this Judgment!

Jul 11 2008 (HC)

Santhoshkumar M.S. Vs. K.G. Mohanan and anr.

Court : Kerala

Reported in : 2008(3)KLJ1

..... lordships in the larger bench unequivocally held that the bank referred to in proviso (a) cannot be the collecting bank; it must held to be the drawee bank only. the rationale clearly is that 'presentation to the bank' contemplated under section 138 of the negotiable instruments act is not and cannot be presentation of the cheque by the complainant to his .....

Tag this Judgment!

Mar 04 2003 (HC)

Commissioner of Wealth Tax Vs. Cosmopolitan Hospitals (P) Ltd.

Court : Kerala

Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)

..... company, the value of only specified assets like building, land (other than agricultural land), gold, silver, platinum, ornaments or utensils made of gold, silver, etc. are taken into account.the rationale underlying to revival of levy of wealth-tax on companies was to curb the tendency of avoidance of personal wealth-tax liability by forming closely-held companies and transferring the ..... with the intention behind the enactment, i.e., to discourage closely-held companies keeping buildings as unproductive assets.'it was further held as follows :'so we do not see the rationale behind denying exemption on a hospital building used by the assessee for the purpose of its business used by the assessee mainly for the welfare of the low paid employees .....

Tag this Judgment!

Apr 03 1986 (HC)

Thressiamma Varghese Vs. Kerala State Financial Corporation and ors.

Court : Kerala

Reported in : AIR1986Ker222; [1988]64CompCas64(Ker)

..... 32 is available against a third party surety who has mortgaged his property also and the audi alteram rule could be read into section32. we are unable to find any rationale in the view that while the legislature wanted the money to be recovered from the industrial concern by making available expeditious remedy under section32, legislature was satisfied with the delay .....

Tag this Judgment!

Oct 13 2003 (HC)

Assya Vs. State of Kerala

Court : Kerala

Reported in : 2004(3)KLT54

..... constitutional humanism reflected in its preamble and which runs through the entire constitution. a court called upon to implement the legislative mandate cannot afford to ignore or overlook the statutory rationale, compassion and humanism reflected in and underlying a welfare legislation like the act. instrumentalities called upon to translate the legislative vision and mission must imbibe the legislative compassion. they must .....

Tag this Judgment!

Mar 07 2000 (HC)

Onkar S. Kanwar and ors. Vs. Union of India and ors.

Court : Kerala

Reported in : (2001)168CTR(Ker)352; [2001]249ITR258(Ker)

..... , senior advocate, sri arshad hidayathulla, submitted that this is a case of discrimination because, according to him all the co-noticees belong to the same class and there is no rationale to discriminate among them. learned counsel further submitted that in any event, since appeals are pending against adjudication proceedings, the words 'pending adjudication' in clause 2 of the removal of .....

Tag this Judgment!

Dec 12 1956 (HC)

Kora Lukose Vs. Chacko Uthuppan

Court : Kerala

Reported in : AIR1957Ker19

..... under section 70 should be considered as based not on contract not on quasi-contract, a term which covers a wide area including claims on a quantum meruit. 6. the rationale of quasi-contract according to lord mansfield, is the necessity of restoring benefits unjustly obtained -- moses v. macferlan, (1760) 2 burr 1005 (a) -- and according to lord sumner the existence ..... now recognised to fall within a third category of common law which has been called quasi-con tract or restitution.' 8. it should be clear from the above that the rationale of quasi-contract is still a matter of speculation, in english law and all that cheshire and fifoot are prepared to say in concluding their discussion of quasi-contract is .....

Tag this Judgment!

Jan 05 2012 (HC)

The Commissioner of Income Tax, Kottayam Vs. Jose Kuruvinakunnel, Kott ...

Court : Kerala

..... the same can be treated as sufficient reason for reopening assessment it if was not available or considered while completing regular assessment. on facts therefor we do not find any rationale for the tribunal to hold that the reasons recorded by the assessing officer are irrelevant, incomplete or vague. we therefore, reverse the order of the tribunal on this issue. 9 .....

Tag this Judgment!

Mar 16 1978 (HC)

Ramakrishnan Vs. V.S. Kuttan Pillai and anr.

Court : Kerala

Reported in : 1979CriLJ177

..... society and the bizarre miscarriages of justice that have been experienced because of the exclusion of reliable evidence when 'constable blunders' have led the court to vacillate as to the rationale for deliberate exclusion of truth from the fact finding process.21. the observations of burger c. j. extracted by kailasam c. j. in the above decision also deserve consideration.from .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //