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Judgment Search Results Home > Cases Phrase: rationale Court: supreme court of india Year: 1999 Page 3 of about 78 results (0.107 seconds)

Feb 10 1999 (SC)

M/S. Industrial Credit and Development Syndicate Now Called I.C.D.S. L ...

Court : Supreme Court of India

Decided on : Feb-10-1999

Reported in : AIR1999SC1036; 1999(2)ALLMR(SC)434; [1999]96CompCas1(SC); JT1999(1)SC430; (1999)IIMLJ114(SC); 1999(1)SCALE393; (1999)3SCC80; [1999]1SCR555

..... part to be adjusted towards the interest due etc. in meka venkatadari appa rao bahadur zamindar gam v. raja parthasarthy appa rao bahadur zamindar gam air (1922) pc 233 the rationale was explained thus: there are moneys that are received without a definite appropriation on the one side or on the other, and the rule which is well established in ordinary .....

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Nov 29 1999 (SC)

ishwar Dass JaIn (Dead) Thr. Lrs. Vs. Sohan Lal (Dead) by Lrs.

Court : Supreme Court of India

Decided on : Nov-29-1999

Reported in : AIR2000SC426; 2000(1)CTC359; JT1999(9)SC305; (2000)125PLR56; RLW2000(1)SC80; 1999(7)SCALE277; (2000)1SCC434; [1999]Supp5SCR24; 2000(1)LC666(SC)

..... material whole. loose sheets of paper or scraps of paper cannot be termed as 'book' for they can be easily detached and replaced. it has also been held that the rationale behind admissibility of parties' books of account as evidence is that the regularity of habit, the difficulty of falsification and the fair certainty of ultimate detection give them in a .....

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Dec 10 1999 (SC)

State of Maharashtra Vs. Suresh

Court : Supreme Court of India

Decided on : Dec-10-1999

Reported in : 2000(1)ALD(Cri)606; JT1999(9)SC513; 1999(7)SCALE386; (2000)1SCC471; [1999]Supp5SCR215; 2000(1)LC326(SC)

..... . unless it is suggested that there was another alternative and safer route for the culprit to take the girl unnoticed by any shopkeeper or even a pedestrian there in no rationale in the reasoning that there is 'inherent incredibility' in the version that respondent would have taken the girl through this route.20. the last reasoning of the division bench is .....

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Mar 22 1999 (FN)

Central State Univ. Vs. American Assn. of Univ. Professors, Central St ...

Court : US Supreme Court

Decided on : Mar-22-1999

central state univ. v. american assn. of univ. professors, central state univ. chapter - 526 u.s. 124 (1999) october term, 1998 syllabus central state university v. american association of university professors, central state university chapter on petition for writ of certiorari to the supreme court of ohio no. 98-1071. decided march 22, 1999 pursuant to ohio rev. code ann. 3345.45, petitioner university adopted standards for its professors' instructional workloads and notified respondent, the certified collective-bargaining agent for the professors, that it would not bargain over the workload issue. respondent then filed a complaint in state court for declaratory and injunctive relief, alleging that 3345.45 created a class of public employees not entitled to bargain regarding their workload in violation of the equal protection clauses of the ohio and united states constitutions. the ohio supreme court held that the collective-bargaining exemption bore no rational relationship to the state's interest in correcting the imbalance between research and teaching at its public universities, and concluded that the state had not shown any rational basis for singling out university professors as the only public employees precluded from bargaining over their workload. held: the ohio supreme court's holding cannot be reconciled with the requirements of the equal protection clause. this court has repeatedly held that where a classification involves neither fundamental rights nor suspect .....

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Oct 13 1999 (FN)

Kimel Vs. Florida Bd. of Regents

Court : US Supreme Court

Decided on : Oct-13-1999

kimel v. florida bd. of regents - 528 u.s. 62 (1999) october term, 1999 syllabus kimel et al. v. florida board of regents et al. certiorari to the united states court of appeals for the eleventh circuit no. 98-791. argued october 13, 1999-decided january 11,2000* the age discrimination in employment act of 1967 (adea or act), as amended, makes it unlawful for an employer, including a state, "to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual ... because of such individual's age." 29 u. s. c. 623(a)(i). petitioners, three sets of plaintiffs, filed suit under the adea against respondents, their state employers. petitioners' suits sought money damages for respondents' alleged discrimination on the basis of age. respondents in all three cases moved to dismiss the suits on the basis of the eleventh amendment. the district court in one case granted the motion to dismiss, while in each of the remaining cases the district court denied the motion. all three decisions were appealed and consolidated before the eleventh circuit. petitioner united states intervened on appeal to defend the constitutionality of the adea's abrogation of the states' eleventh amendment immunity. in a divided panel opinion, the eleventh circuit held that the adea does not abrogate the states' eleventh amendment immunity. held: although the adea does contain a clear statement of congress' intent to abrogate the states' immunity, that abrogation exceeded .....

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Mar 31 1999 (FN)

Alden Vs. Maine

Court : US Supreme Court

Decided on : Mar-31-1999

..... from suit in a state's own courts, regardless of the federal source of the claim asserted against the state. if one were to read the court's federal structure rationale in isolation from the preceding portions of the opinion, it would appear that the court's position on state sovereign immunity might have been rested entirely on federalism alone. if ..... is not for me to say which way the court should turn; but in either case it is clear that alden's suit should go forward. ii the court's rationale for today's holding based on a conception of sovereign immunity as somehow fundamental to sovereignty or inherent in statehood fails for the lack of any substantial support for such ..... basis for saying that the ratification of the tenth amendment gave this "fundamental aspect" its constitutional status and protection against any legislative tampering by congress.2 the court's principal rationale for today's result, then, turns on history: was the natural law conception of sovereign immunity as inherent in any notion of an independent state widely held in the united ..... of the cases discussing state-court immunity may be dismissed out of hand. the footnote digressions in atascadero state hospital and thiboutot were irrelevant to either opinion's holding or rationale. the discussion in will was also unnecessary to the decision; our holding that 42 u. s. c. 1983 did not create a cause of action against the states rendered it .....

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Jan 25 1999 (FN)

Atandt Corp. Vs. Iowa Utilities Bd.

Court : US Supreme Court

Decided on : Jan-25-1999

..... it could use its control of local service to place its long-distance competitors at a disadvantage. see t. krattenmaker, telecommunications law and policy 411-412 (2d ed. 1998) (explaining rationale of the decree). and though some argued that any such special advantages were innocent, rather like those enjoyed by a transcontinental airline that dominates a local hub, others claimed they ..... that would not be sustainable with increased competition); robinson, the titanic remembered: at&t and the changing world of telecommunications, 5 yale j. reg. 517, 537 (1988) (arguing that the rationale for the decree's restrictions on local service companies was "just as persuasive" as that underlying the decree). the act before us responds to this argument by changing the postdecree .....

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Aug 03 1999 (SC)

M/S. India Photographic Co. Ltd. Vs. H.D. Shourie

Court : Supreme Court of India

Decided on : Aug-03-1999

Reported in : AIR1999SC2453; 1994(4)ALLMR(SC)300; 1999(3)CTC9; JT1999(5)SC333; (1999)123PLR515; RLW1999(2)SC303; 1999(4)SCALE461; (1999)6SCC428; [1999]Supp1SCR9; 2000(1)LC169(SC)

r.p. sethi, j.1. alleging that the appellant herein was selling the films as a representative of kodak without price being printed on the packages containing films, the respondent filed a complaint before the district consumer disputes redressal forum, delhi (hereinafter referred to as 'the district forum') with a prayer for the issuance of appropriate directions to protect the interests of the consumers. it was contended that the price printed on the packages was mandatory under the provisions of the packaged commodities rules promulgated under the standards of weights and measures act, 1976. the appellant put all sorts of resistances in the disposal of the complaint. writ petitions were filed in the high courts of andhra pradesh and kerala with prayer for setting aside the proceedings pending before the district forum. the appellant, however, opted not to file any reply to the complaint. being satisfied that the high courts, where the writ petitions had been filed on behalf of the appellant had not stayed the proceedings, the district forum found that the complaint filed was in the general interests of the consumers who were entitled to know the price of the product which was required to be conspicuously displayed and if that was not done, the interests of the consumers would be jeopardised resulting in the charging of exorbitant price by the unscrupulous retailers dealing in the sale of kodak films. being satisfied that the action of the appellant was in violation of the .....

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Jun 10 1999 (FN)

Chicago Vs. Morales

Court : US Supreme Court

Decided on : Jun-10-1999

..... not just in its particular application to the party in suit. to tell the truth, it is highly questionable whether federal courts have any business making such a declaration. the rationale for our power to review federal legislation for constitutionality, expressed in marbury v. madison, 1 cranch 137 (1803), was that we had to do so in order to decide the ..... case before us. but that rationale only extends so far as to require us to determine that the statute is unconstitutional as applied to this party, in the circumstances of this case. 75 that limitation was .....

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May 17 1999 (FN)

Saenz Vs. Roe

Court : US Supreme Court

Decided on : May-17-1999

..... their original domicile. ibid. but this "you can't take it with you" distinction is more apparent than real, and offers little guidance to lower courts who must apply this rationale in the future. welfare payments are a form of insurance, giving impoverished individuals and their families the means to meet the demands of daily life while they receive the necessary ..... bear any relationship to the state's interest in making an equitable allocation of the funds to be distributed among its needy citizens. as in shapiro, we reject any contributory rationale for the denial of benefits to new residents: "but we need not rest on the particular facts of these cases. appellants' reasoning would logically permit the state to bar new .....

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