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Judgment Search Results Home > Cases Phrase: rationale Court: mumbai Page 1 of about 3,463 results (0.009 seconds)

Feb 24 1998 (HC)

ismail Shaikh Ali Vs. State of Maharashtra and Others

Court : Mumbai

Reported in : 1998(5)BomCR671; (1998)2BOMLR719; 1998(2)MhLj727

..... activities was so enormous that on account of mere delay in the execution of the order the live-link between his prejudicial activities and the rationale of clamping a detention order on him was not snapped. we went through the grounds of detention and the statement of the detenue recorded under ..... cofeposa act was not genuine. we also feel that on account of it the live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him was snapped.33. we also examined the matter from the perspective of the propensity and potentiality of the ..... of law, that it is not necessary to take recourse to provisions under section 7 of the national security act, for that would be rendering the rationale of having such a provision natatory. when the legislature, in all its wisdom, enacts a provision, it is with the avowed object that it be ..... subjective satisfaction of the detaining authority to preventively detain the detenue but also severs in live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be resorted to without undue delay.in ..... upon him.it has also been mentioned that considering the gravity of the incident, the nexus between the prejudicial activities of the detenues and the rationale of clamping a detention order on him was not snapped.the detaining authority has also averred that there was no delay in the service of .....

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Aug 07 2009 (HC)

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... be described as a date of imaginative exercise having no basis or rationale whatsoever.27. by fixing such an unrealistic and arbitrary cut-off date, into which of the two abovementioned classes an applicant would fall, depended entirely on the fortuitous circumstance of ..... 1st june 2007, the act permits the filing of fresh applications before the settlement commission - a clear recognition by parliament that the assumptions made by the wanchoo committee and the rationale given by it for establishing the settlement commission are still valid and applicable. in the present circumstances, the choice of 31st march 2008 as the cut-off date cannot but ..... both tax and interest on admission itself of the application.26. in our opinion, the choice of 31st march 2008 as the cut-off date is not supported by any rationale reasons. from the statistics of the income-tax department itself it is indisputable that the cut-off date of 31st march 2008 for disposal of all applications filed prior to .....

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Jan 19 1998 (HC)

Ms. Sophia Gulam Mohammed Bham Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(5)BomCR446; 1999CriLJ2140

..... activities was there then despite the unexplained delay in the issuance of the detention order the live-link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would not be lost and the detention order would not be vitiated.' 37. importing the said legal ratio, the bench of this court ..... in the issuance for of the detention order would be fatal and the same would be vitiated because the live-link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would be snapped. on the converse if there is material to show that the propensity and potentiality of the detenu to commit prejudicial ..... vitiate the same. in such cases, it will only be vitiated if on account of delay the live like sic link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him is snapped. for determining whether such a live link has been severed or not, the propensity and potentiality of the detenu to commit .....

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Aug 08 2001 (HC)

Smt. Sharadbhai Shankar More Vs. Shri M.N. Singh, Commissioner of Poli ...

Court : Mumbai

Reported in : 2002BomCR(Cri)23; (2002)104BOMLR413

..... of september, 2000.in such a factual matrix, in our judgment, it cannot be concluded with certainty that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.21. we may also mention that in pradeep paturkar's case (supra), the impugned detention order was founded on ..... looking to the propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between his prejudicial activities and the rationale of clamping a detention order on him has been snapped.mr. b.r. patil, acting public prosecutor for the respondents, submitted that since the live link has not been snapped ..... propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped.9. we have perused the averments contained in ground no. 8(a) of the petition and those contained in para ..... i.e. on 19th february, 2001, there was an inordinate time - gap of nearly 4 months which severed the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. it has also been pleaded in ground no. 8(a) that the detaining authority be called upon to disclose and explain to this .....

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Sep 24 1998 (HC)

Mohammed Ashraf Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : (1999)101BOMLR775

..... the subjective satisfaction of the detaining authority to detain the detenu under the cofeposa act is vitiated; (b) the live-link between the prejudicial activities of the detenu and the rationale of clamping the detention order on him is snapped; and (c) the detention order which is meant to be preventive has become punitive. for the said reasons this petition has ..... the genuineness of the subjective satisfaction of the detaining authority to preventively detain the detenu but also severs the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be restored to without undue delay.in the said decision reliance was ..... order shows that the subjective satisfaction of the detaining authority to detain the detenu was not genuine and the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him is snapped.6. ground no. 4(iv) has been replied to in paras 8 and 5 of the returns of the detaining authority .....

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Mar 01 2001 (HC)

Smt. Sunita Hanumant Fulore Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2001ALLMR(Cri)794; 2001BomCR(Cri)753; (2001)3BOMLR241; 2001CriLJ2472

..... because delay severs the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. but, where the grounds of detention make it manifest that the propensity and potentiality of the detenu to commit prejudicial activities of the ..... of the detenu, as reflected from the grounds of detention. it is manifest that on account of it, the live link between the prejudicial activities of the detenu and the rationale of clamping a detenion order on him has not been snapped. more than often, it is forgotten that the courts strike down a detention order on the vice of delay ..... view, bearing in mind the propensity and potentiality of the detenu to commit prejudicial activities could not have snapped the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him.10. mr. pitale, learned counsel for the petitioner, strenuously urged that the proposal to detain the detenu in the instant case has proceededat ..... of the detenu to commit similar prejudicial activities. it cannot be said that on account of the delay. the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped. 9. we have examined ground 17(a) and paragraphs 19 and 3 of the return of the detaining authority and .....

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Mar 28 2001 (HC)

Shri Shyam Mangilal Jadhav Vs. M.N. Singh, Commissioner of Police, Gre ...

Court : Mumbai

Reported in : (2001)3BOMLR549; 2001(3)MhLj737

..... , the genuineness of the subjective satisfaction of the detaining authority to detain the detenu has been rendered suspect, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped and the detention order has ceased to be preventive, as it should be in law, and instead has become punitive ..... with mrs. tahilramani's submission that bearing in mind the propensity and potentiality of the detenu to commit similar prejudicial activities, the live link between his prejudicial activities and the rationale of clamping a detention order on him has not been snapped by a mere delay of about four and a half month on the part of the detaining authority in ..... , bearing in mind the propensity and potentiality of the detenu to indulge in similar prejudicial activities in future, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.5. we have perused the averments contained in ground no. 6(b) of the petition: those contained in para ..... was passed, there is a gap of nearly 41/2 months and on account of the said gap the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped resulting in the detention order being rendered unsustainable in law. to fortify his submission, pleaded in ground no. 6(b .....

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Oct 05 1998 (HC)

Narayan Madhavji Jat Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : (1998)100BOMLR596

..... authorities to take recourse to the most effective methods stipulated by law to have the detention order executed, the live link between the prejudicial activities of the detenu and the rationale of clamping the detention order on him has been snapped and the detention order instead of being preventive has become punitive. consequently the detention order has to be set aside ..... the genuineness of the subjective satisfaction of the detaining authority to preventively detain the detenu but also severs the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be resorted to without undue delay.in this connection, we would like .....

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Dec 21 2000 (HC)

Smt. Savita Shankar Lokhande Vs. Shri M.N. Singh, Commissioner of Poli ...

Court : Mumbai

Reported in : 2001ALLMR(Cri)846; (2001)2BOMLR724; 2001CriLJ2367; 2001(2)MhLj410

..... have to be assume that the subjective satisfaction recorded by the detaining authority was not genuine and that the live link between the prejudicial activities of the detenu and the rationale of clamping the detention order, which is a draconian action, qua the detenu, cannot stand the test of judicial scrutiny. if we were not to quash such a detention order .....

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Mar 31 2004 (HC)

Ashok Gajanan Joshi Vs. State of Maharashtra,

Court : Mumbai

Reported in : 2004(4)ALLMR223; 2004(5)BomCR825

..... in possession of tenants on the one hand and in possession of owners, occupiers or other persons on the other hand is artificial, irrational and discriminatory without there being any rationale with the object sought to be achieved. such classification, therefore, must be held arbitrary, unreasonable and violative of articles 14, 19 and 21 of the constitution.4. notice was issued ..... based on intelligible differentia and cannot be termed as reasonable classification. moreover, it also cannot be said that such classification, even if it is held to be reasonable, has any rationale to the object sought to be achieved thereby, namely to avoid danger to human life. such classification, therefore, is hit by article 14 of the constitution and the benefit of ..... be achieved thereby.29. in the instant case, the twin test is not satisfied. a classification between owners and tenants is neither based on intelligible differentia nor it has a rationale nexus to the object sought to be achieved. if the intention is to protect persons from any casualty keeping in view the nature and condition of the building, it is .....

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