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Judgment Search Results Home > Cases Phrase: rationale Court: supreme court of india Page 1 of about 9,418 results (0.091 seconds)

Nov 12 2007 (SC)

Commnr. of Central Excise, Allahabad Vs. Somaiya Organics (India) Ltd.

Court : Supreme Court of India

Reported in : 2007(123)ECC104; 2007(149)LC104(SC); 2007(13)SCALE65; 2007AIRSCW7565

..... to be done on the basis of the judicial discretion of the assessing officer which can also be decided by the appellate authority by finding out whether there is any rationale in the fixation done. in that view of the matter, the approach of the cegat is not legally tenable. we set aside the order of cegat and remit to cestat .....

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Jan 17 1995 (SC)

Indian Council of Legal Aid and Advice, Etc. Etc. Vs. Bar Council of I ...

Court : Supreme Court of India

Reported in : AIR1995SC691; 1995(1)ALT44(SC); (1995)97BOMLR248; (1995)1GLR848; JT1995(1)SC423; 1995(1)KLT311(SC); 1995(1)SCALE181; (1995)1SCC732; [1995]1SCR304; 1995(1)LC344(SC)

..... the age of 45 years and under the impugned rule they are not debarred from practising. therefore, in the first place there is no dependable material in support of the rationale on which the rule is founded and secondly the rule is discriminatory as it debars one group of persons who have crossed the age of 45 years from enrolment while ..... which they are prepared to stoop to any levels which has a very negative influence on young minds who join the profession after graduation. can the restriction imposed on this rationale be sustained? that is the short question.6. we have briefly noticed the relevant provisions of the act in the earlier part of this judgment. we may now briefly indicate ..... support of the rule impugned before us.5. it is clear from the above averments found in the counter filed on behalf of the bar council of india that the rationale is that the profession of law being a pious and honourable profession, its main object being service of mankind by serving the system of administration of justice, it is the .....

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Dec 12 1984 (SC)

S. Kandaswamy Chettiar Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Reported in : AIR1985SC257; 1984(2)SCALE933; (1985)1SCC290; [1985]2SCR398; 1985(17)LC491(SC)

..... the impugned notification must be regarded as having been based on an intelligible differentia counsel for the petitioners and the appellants also fairly conceded* that such classification would be a rationale one more so in view of the observations made by this court in that behalf in p. j. irani's case (supra). the question is whether the said classification has ..... (hat the reservation of authority in the present ordinance to deal in a special manner with such exceptional cases is unassailable on constitutional institutional grounds.in our view the same rationale must apply to the conferral of such power on the slate government to grant exemptions or to make exceptions even in cases of beneficial legislations like the present enactment in ..... to such guidance or not and, therefore, it will be useful to advert briefly to the guidance so afforded at the outset we would like to point out that the rationale behind the conferral of such power to grant exemptions or to make exceptions has been very succinctly elucidated by the american supreme court in the leading case of gorieb v .....

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Dec 09 1993 (SC)

Employees' State Insurance Corporation and Ors. Vs. Gunvantri Umedrai ...

Court : Supreme Court of India

Reported in : (1996)ILLJ484SC

..... benefits were concerned. the tribunal, therefore, was not in any manner wrong in the view it took. the tribunal also came to the conclusion that in the absence of any rationale, insurance inspectors senior to the deputy managers/managers, grade ii could not be placed at a disadvantage and, therefore, their salaries had to be stepped up. we are, therefore, of ..... was that there was no material on record from which the rationale could be discerned. be that as it may, the fact remains that the extra amount was throughout treated as special pay by the corporation. rule 3(2)(b)(i) which ..... same expression is used for the payment of an extra amount of rs 50 to officers working as deputy managers/managers, grade ii. we tried to ascertain from counsel the rationale for grant of this extra amount of rs 50 per month to officers holding the aforesaid two posts but he was unable to enlighten us in that behalf. his difficulty .....

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Sep 28 2001 (SC)

Danial Latifi and anr. Vs. Union of India

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)1; AIR2001SC3958; 2001(2)ALD(Cri)787; 2001(4)ALLMR(SC)829; 2001(2)ALT(Cri)327; 2002(50)BLJR745; 2001CriLJ4660; II(2001)DMC714SC; (2002)1GLR531; JT2001(8)SC218

..... legislature took note of certain facts in enacting the law will not be of much materiality.34. in shah bano's case this court has clearly explained as to the rationale behind section 125 crpc to make provision for maintenance to be paid to a divorced muslim wife and this is clearly to avoid vagrancy or destitution on the part of ..... regular payment of alimony to the divorced woman, though it may look ironical that the enactment intended to reverse the decision in shah bano's case, actually codifies the very rationale contained therein.31. a comparison of these provisions with section 125 crpc will make it clear that requirements provided in section 125 and the purpose, object and scope thereof being ..... of these persons to maintain themselves, these provisions have been made the moral edict of the law and morality cannot be clubbed with religion. 3. the argument is that the rationale of section 125 crpc is to of set or to meet a situation where a divorced wife is likely to be led into destitution or vagrancy. section 125 crpc is .....

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Oct 12 2007 (SC)

R.S. Jayakumar and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT2007(12)SC327; 2007(4)KLT1104(SC); (2008)1SCC567; 2008(1)SLJ305(SC); 2007AIRSCW6959; JT2007(12)SC327.

..... eligibility that candidates should be approved probationers or members of service, which is not contrary to rules, as rules, nowhere lays to the contrary.18. there appears to be a rationale behind it if incumbent is only probationer & he is not confirmed on his failure to qualify departmental tests then he has to be discharged from service. if the candidate successfully ..... be well founded. as the state exchequer has to spend money for training and they cannot afford to spend money on a person who is probationer/temporary. there was a rationale behind this condition and is not inconsistent with rules. in this view of the matter, the decision of learned single judge and the division bench cannot be sustained.19. our .....

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May 08 1985 (SC)

Dr. P. Nalla Thampy Terah Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622

..... candidate and the expenditure incurred by it on general party prepaid ganda, the latter not being includible in the return of election expenses which the candidate has to file. the rationale of that decision, though not expressed in so many words, is that by reason of the important position which political parties occupy in the democratic set up, they are entitled ..... and well financed it may be, and no individual or political party should be able to secure an advantage over others by reason of its superior financial strength. (2) the rationale of imposing a limit on expenditure incurred or authorised by a candidate in an election is to eliminate, as far as possible, the pernicious influence of big money in the .....

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Apr 28 1998 (SC)

Tamil Nadu Teachers Association Vs. Association of the Heads of the Go ...

Court : Supreme Court of India

Reported in : AIR1998SC2267; 1998(3)SCALE339; (1998)5SCC178; 1988Supp(1)SCC384; [1998]3SCR1; [1988]Supp(1)SCR210

..... be possible for personnel of the 'b' wing to complain of any unfair or unequal treatment and indeed no such grievance has been made before us. there was clearly a rationale behind the adoption of 1.4.1970 as the date with reference to which the 'a' wing and the 'b' wing personnel were to be integrated. the ..... rationale was that all those who were in service as on 1.4.1970 as government servants were given equal treatment in the process of integrating the two wings.'22. in .....

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Aug 16 1982 (SC)

Bachan Singh, Sher Singh and anr. and Ujagar Singh and anr. Vs. State ...

Court : Supreme Court of India

Reported in : AIR1982SC1325

..... made manifest by experience and that its discriminations are based on adequate grounds.' sarkaria, j. has pointed out in the majority judgment that underlying this presumption of constitutionality 'is the rationale of judicial restraint, a recognition of the limits of judicial review, a respect for the boundaries of legislative and judicial functions and the judicial responsibility to guard the trespass from ..... supporting one view or the other that these should be particularly on a sensitive issue like this, but what is necessary is to examine objectively and critically the logic and rationale behind these observations and to determine for ourselves which observations represent the correct view that should find acceptance with us. the majority judges speaking through sarkaria, j. have relied upon .....

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Jan 24 2006 (SC)

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... order nisi to find the action is wholly irrelevant or bears no nexus between purpose of the action and the satisfaction reached by the president or does not bear any rationale to the proximate purpose of the proclamation. in that event, the court may declare that the satisfaction reached by the president was either on wholly irrelevant grounds or colourable exercise ..... fathers may be noted.98. articles 355 and 356 of the constitution set the tenor for the precedence of the union over the states. it has been explained that the rationale for introducing article 355 was to distinctly demarcate the functioning of the state and union governments and to prevent any form of unprincipled invasions by the union into the affairs .....

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