Court : Mumbai
Decided on : Jun-22-1999
Reported in : 1999BomCR(Cri)890; 1999CriLJ4618; 2000(1)MhLj164
..... phenomena and persons placed in situations in which the appellant was when he launched an assault on the deceased, cannot always be excepted to act with it.this is the rationale why in cases of sudden provocation, number of injuries are not a crucial determinative factor in the matter of sentence to the extent to which, they are in cases where .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-12-1999
Reported in : (1999)101BOMLR498
..... tatyaba. a conviction can be recorded/sustained on the testimony of a solitary witness. it is a trite that evidence has to be weighed and not counted. this is the rationale which is ingrained in section 134 of the indian evidence act which provides that 'no particular number of witnesses shall in any case be required for the proof of any .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-09-1999
Reported in : 1999(1)ALLMR389; 1999(1)BomCR393
..... -law and which is not ultra vires the provisions of the act. 27. another aspect to which i wish to make a reference is that there is no logic or rationale in insisting that a person must belong to kanara saraswat community to be a member of the petitioner society. if one looks to the objects of the society, in bye .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Apr-05-1999
Reported in : (2000)(117)ELT148Tri(Mum.)bai
..... the articles/equipments damaged were repaired and sent back on the rigs. the scrap and old/disposed of items value would be 10% of the total value. there was no rationale or basis for the valuation done by the officer of ongc, as it is made out as if it is new articles, as per the cross examination of the said .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-13-1999
Reported in : 1999(4)ALLMR142; 1999(4)BomCR729; (1999)3BOMLR339
..... 12 of the constitution to ensure that such conduct is consistent with constitutional limitations on its powers. it is unnecessary to reproduce or recount several judgments which have expounded the rationale behind article 14 of the constitution of india, which is truly the lynchpin of the rule of law. article 14 demands that all public authorities act consistently with the rule .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-1999
Reported in : [2002]109CompCas18(Bom)
..... endowed with the powers to take the necessary decision. having arrived at its prima facie opinion, not once but thrice, the civil court was not expected to go into the rationale behind the same and substitute its own opinion for that of the appropriate authority as also observed by a constitution bench in life insurance corporation of india v. escorts ltd .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-05-1999
Reported in : 2000(5)BomCR70; 2000BomCR(Cri)70; 2000(2)MhLj539
..... detaining authority to preventively detain the detenu under the m.p.d.a. act being rendered suspect;(b) the live link between the prejudicial activities of the detenu and the rationale of preventively detaining him under the m.p.d.a. act being snapped; and (c) the detention order instead of being preventive becoming punitive.14. we would be failing in .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-1999
Reported in : 2000(1)BomCR369
..... outside the award or outside whatever may be said about it in the award. the ambiguity of the award can, in such cases, be resolved by admitting extrinsic evidence. the rationale of this rule is that the nature of the dispute issomething which has to be determined outside and independent of what appears in the award.....' finally, the apex court, in .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-28-1999
Reported in : 1999(3)ALLMR33; 1999(3)BomCR516
..... which he had last drawn in the scale of head clerk will be protected and he shall be given pay scale of u.d.c. we do not see any rationale or justification behind this submission put forward before us. it is stated by learned government advocate that if an employee who has become surplus is absorbed in another school, not .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-23-1999
Reported in : 2000(1)ALLMR377; 1999(3)BomCR669
..... students of the very college of goa fulfilling the same eligibility test will be handicapped merely because they have passed in the later years. secondly, we do not see any rationale for this graded weightage. even the students who have passed the graduation from goa college prior to the availability of post-graduation facility have not been treated alike as one .....
Tag this Judgment!