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Judgment Search Results Home > Cases Phrase: rationale Court: kerala Year: 2012 Page 1 of about 40 results (0.013 seconds)

Jan 05 2012 (HC)

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

Court : Kerala

Decided on : Jan-05-2012

..... 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 .....

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Jul 24 2012 (HC)

Xavier's Residency, Represented by Its Managing Director, D. Rajkumar ...

Court : Kerala

Decided on : Jul-24-2012

..... offered, to sustain the rule. therefore, the additional materials produced by the learned additional advocate general also do not contain anything enabling this court to infer that there was any rationale in treating the fl-3 shops within the corporation limits differently from fl-3 shops situated in panchayat or municipal areas or that anybody had applied their mind to the ..... the high drinking habits of the people, which is on account of the easy availability of liquor. while it may be true that such a rationale has been pleaded, it is a fact that prior to its substitution by ext.p2 notification, for the purposes of rule 28, all fl-3 shops in the state were ..... that the bars within the corporation limits shall be between 9 am to 12 pm. 21. a reading of the counter affidavit therefore shows that according to the respondents, the rationale of imposing restrictions in the working time of fl-3 shops is the commitment of the government to reduce easy availability of liquor, so as to have a check on .....

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Jun 24 2012 (HC)

Xavier's Residency, Represented By Its Managing Director and Another V ...

Court : Kerala

Decided on : Jun-24-2012

..... offered, to sustain the rule. therefore, the additional materials produced by the learned additional advocate general also do not contain anything enabling this court to infer that there was any rationale in treating the fl-3 shops within the corporation limits differently from fl-3 shops situated in panchayat or municipal areas or that anybody had applied their mind to the ..... the high drinking habits of the people, which is on account of the easy availability of liquor. while it may be true that such a rationale has been pleaded, it is a fact that prior to its substitution by ext.p2 notification, for the purposes of rule 28, all fl-3 shops in the state were ..... that the bars within the corporation limits shall be between 9 am to 12 pm. 21. a reading of the counter affidavit therefore shows that according to the respondents, the rationale of imposing restrictions in the working time of fl-3 shops is the commitment of the government to reduce easy availability of liquor, so as to have a check on .....

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May 02 2012 (HC)

Dr. Rahul Ravind and Others Vs. State of Kerala Rep. by Secretary Heal ...

Court : Kerala

Decided on : May-02-2012

..... not only the open category but also in-service candidates would be affected. though there can be intelligible differentia which distinguish persons from the excluded group, but there is no rationale to the object sought to be achieved in the present process. 43. the stand of the state is, dearth of specilised doctors has compelled them to make such move. if ..... settled principle in the case of dr.preethi srivastava -vs- state of m.p. (1999) 7 scc 120. according to them, in the absence of ex.p3 not having any rationale explanation to the object stated above, it is nothing but, violation of article 14 of the constitution of india. once single common entrance examination is contemplated, there has to be ..... for the petitioners in various writ petitions, the classification must be based on intelligible differentia which distinguish persons or things grouped together from those excluded. such differentia must have a rationale relationship to the object sought to be achieved by the statute in question with the qualification that the differentia and object are different so that the object by itself would .....

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Feb 03 2012 (HC)

T.K. Surendran, Mannarkkad Taluk Vs. P. Najima Bindu, Kannur District ...

Court : Kerala

Decided on : Feb-03-2012

..... and legal development. 69. to conclude, we hold that explanation (b) to sec.125(1) cr.p.c. must receive an interpretation consistent with the laudable legislative purpose, object and rationale-to prevent vagrancy and avoid destitution. we take the view that the wife under explanation (b) must include any woman whose marriage has been brought to severance by acts of ..... be one whose matrimonial relationship stands severed by acts of spouses-including intervention of court at their instance, and who has not re-married. going by the object, purpose and rationale of the deemed inclusion of certain non-wives in the category of wives by explanation (b) it would be impermissible to deny the benefit of the legislative compassion to wives ..... as null and void under section 11, annulment of marriage as voidable under section 12 and divorce under section 13. the learned judges proceeded to consider the purpose and the rationale underlying the statutory stipulations and proceeded to hold in paragraph-19 as follows: it is with the purpose of not rendering a financially dependent spouse destitute that s.25 enables ..... wife can be understood to include a woman in domestic relationship entitled to claim maintenance under sec.20(1)(d) of the dva, there shall thereafter be no meaning or rationale in the insistence on proof of formal/legal relationship of wife to entitle her for maintenance under sec.125 cr.p.c. wife under sec.125 cr.p.c. will .....

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Jul 17 2012 (HC)

Shynymol Vs. State of Kerala Represented by Its Secretary Department o ...

Court : Kerala

Decided on : Jul-17-2012

Reported in : 2012(3)KLT646

..... , this communication shows that removal and transportation of red soil within the panchayat limits is permissible. if removal and transportation within the panchayat area is permissible, there is absolutely no rationale in prohibiting transportation outside the panchayat area. therefore, if what is stated in extp5 is the true content of the resolution, relied on by the secretary, there is absolutely no ..... rationale for such a resolution. 10. for all these reasons, i quash ext.p5 and direct that since the period specified in ext.p4 proceedings of the rdo has expired, if .....

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May 21 2012 (HC)

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Decided on : May-21-2012

Reported in : 2012(3)KLT41(SN)(C.No.43)

..... introduced two provisos are inconsistent with each other and create discrimination between the contractors who have undertaken works before 31.3.2005 and after 31.3.2005. there is no rationale in that classification. on this ground of discrimination also the impugned amendment is unsustainable and liable to be annulled. when the petitioners contend that the newly introduced provisos as per ..... of 2007, to be made applicable in the other case as well. 6. adv. mr.v.v. ashokan, the learned counsel for the petitioners submits that there is absolutely no rationale for having introduced the new provisos as per the finance act, 2007 to sec.8(a)(iii), which has taken away the benefit of lesser tax being enjoyed by the .....

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Sep 14 2012 (HC)

State of Kerala Vs. Mythri Vidya Bhavan English Medium School

Court : Kerala

Decided on : Sep-14-2012

..... the government should take steps to enroll the parents and family members including the students of every school, whether already affiliated or being affiliated. we, therefore, do not find any rationale behind the compulsory requirement of allotment of uiid numbers to all the students in a school to entitle the school for noc for seeking affiliation to cbse/icse boards. (iv .....

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Apr 13 2012 (HC)

State of Kerala, Represented by the Public Prosecutor, High Court of K ...

Court : Kerala

Decided on : Apr-13-2012

..... death sentence by application of the mind of a single person. life is too serious a business to be left to such judicial discretion of such an individual mind. the rationale which prompts the insistence on 2 judges for confirmation must certainly apply while considering the propriety of leaving sentencing discretion to impose death at the first instance to a single .....

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Jan 05 2012 (HC)

The Retired Teachers and Employees Union and Others Vs. the State of K ...

Court : Kerala

Decided on : Jan-05-2012

..... .2002, but recommended implementation of the same only from 1.7.2004. it is pointed out that the normal practice ought to have been followed herein and there is no rationale in adopting 1.7.2004 as the date of implementation and therefore it is arbitrary and violative of article 14 and 16 of the constitution of india. a group of .....

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