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Judgment Search Results Home > Cases Phrase: rationale Court: supreme court of india Year: 1999 Page 5 of about 78 results (0.070 seconds)

Nov 02 1999 (SC)

State of Himachal Pradesh Vs. Lekh Raj and anr.

Court : Supreme Court of India

Decided on : Nov-02-1999

Reported in : AIR1999SC3916; 2000(1)ALD(Cri)43; 2000CriLJ44; 1999(4)Crimes337(SC); JT1999(9)SC43; 1999(7)SCALE86; (2000)1SCC247; [1999]Supp4SCR286

r.p. sethi, j.1. leave granted.2. the prosecutrix, a widow of 55 years of age was criminally assaulted and subjected to forcible sexual intercourse by the respondents on 10.11.1993 near her village baadi in gumanu nalla district mandi, himachal pradesh when she was coming back to her house after attending the marriage of the daughter of her husband's brother. the first information report was submitted by her on the next date against the respondents. she was medically examined and her torn salwar was sent for chemical analysis. on medical examination various injuries were found on her person. as the prosecutrix was found habituated to sexual intercourse, being an elderly woman and mother of two grown up children, no opinion was possible about the last date of sexual act. however the doctor upon examination of the injuries, mentioned in the medico-legal certificate, was of the opinion that the injuries reflected the signs of struggle. the trial court of sessions judge, mandi convicted the appellants under sections 376(2)(g) and 323 of the indian penal code and sentenced them to undergo rigorous imprisonment for five years and to pay a fine of rs. 5,000 each under section 376 ipc and six months rigorous imprisonment under section 323 with fine of rs. 500 each. in default of the payment of fine, the appellants were to undergo further rigorous imprisonment specified in the judgment. in appeal filed by the appellants the high court vide order impugned in this appeal set aside the .....

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Nov 03 1999 (SC)

Dr. Narayan Sharma and anr. Etc. Vs. Dr. Pankaj Kr. Lehkar and ors. Et ...

Court : Supreme Court of India

Decided on : Nov-03-1999

Reported in : AIR2000SC72; JT1999(8)SC612; 1999(7)SCALE96; (2000)1SCC44; [1999]Supp4SCR364

m. srinivasan, j.1. these appeals are directed against the judgment of the gauhati high court in civil rule no. 3493/97 and 3544/97, both being writ petitions under article 226 of the constitution. civil rule no. 3493/97 was filed by respondents 1-25 in civil appeal nos. 5242-43/98. civil rule no. 3544/ 97 was filed by respondents 26-42 in the said appeals. the appellants in the said appeals were not parties in either of the writ petitions in the high court. respondents 43.43a, 44 and 45 in the said appeals were respondents 1-4 in civil rule no. 3493/97 and respondents 43, 43a and 44 were the respondents in civil rule no. 3544/97. we find it convenient to refer to the parties as arrayed in civil appeal nos. 5242-5243/98.2. the respondents 1-25 challenged in their writ petition the validity of rules 4, 5 and 8 (vii) of the assam medical colleges (regulation of the admission to the post-graduate courses) rules, 1997 (hereinafter referred to as the 'rules') on several grounds. respondents 26-42 had on their writ petition prayed for a direction to allow them to appear in the entrance examination for the session 1996-97 and that they should be admitted only on the basis of the performance and merit in the entrance examination. they prayed for issue of a writ quashing the corrigendum issued by the director of medical education in the educational notice dated 11.7.1997 whereby the candidates referred to in sub-rules (i), (ii), (iii), and (iv) of rule 4 of the 'rules' were exempted .....

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Nov 09 1999 (FN)

Martinez Vs. Court of Appeal of Cal., Fourth Appellate Dist.

Court : US Supreme Court

Decided on : Nov-09-1999

..... right. accordingly, the judgment of the california supreme court is affirmed. it is so ordered. justice kennedy, concurring. to resolve this case it is unnecessary to cast doubt upon the rationale of faretta v. california, 422 u. s. 806 (1975). faretta can be accepted as quite sound, yet it does not follow that a convicted person has a similar right of .....

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May 17 1999 (FN)

Florida Vs. White

Court : US Supreme Court

Decided on : May-17-1999

..... for road safety makes acceptable such unchecked and potentially permanent seizures of automobiles under the state's criminal laws. and, as the florida supreme court cogently explained, an exigent circumstance rationale is not available when the seizure is based upon a belief that the automobile may have been used at some time in the past to assist in illegal activity and .....

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Aug 10 1999 (SC)

State of Kerala Vs. Aravind Ramakant Modawdakar and ors.

Court : Supreme Court of India

Decided on : Aug-10-1999

Reported in : AIR1999SC2970b; JT1999(5)SC588; 1999(3)KLT115(SC); 1999(4)SCALE680; (1999)7SCC400

ordersantosh hegde, j.1. the state of kerala has preferred these appeals against the judgment of a division bench of the high court of kerala dated 11.12.1995 in w.a. no. 1180/1995 and other connected appeals whereby the appellate bench of the kerala high court reversed the judgment of a learned single judge of the said high court dated 28.9.1995 in a batch of writ petitions being o.p. nos. l2240/1994-f and connected matters.2. the original writ petitioners, who are respondents in the various appeals before us, filed writ petitions before the high court of kerala, challenging the constitutional validity of the provisions contained in item 4(1)(f) of the schedule to the kerala motor vehicles taxation act, 1976, as amended by section 4 of the kerala finance act, 1994 (hereinafter referred to as 'the act') whereby the state had enhanced the rate of quarterly tax in respect of the contract carriage vehicles operating inter-state. they also sought certain other incidental reliefs. the primary contention of the petitioners in these petitions was that the reduction of tax liability in favour of the vehicles covered by intra-state contract carriage permit without granting the same benefit to inter-state contract carriages amounted to an arbitrary discrimination between the vehicles of persons similarly situated, hence, the same is violative of article 14 of the constitution of india. the learned single judge who heard the batch of writ petitions by an elaborate judgment came to the .....

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Apr 13 1999 (SC)

Surana Steels (P.) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Supreme Court of India

Decided on : Apr-13-1999

Reported in : (1999)153CTR(SC)193

lahoti, j.this is a batch of eight matters before this court. the routes through which the different matters travelled up to the high court were different. some were reference applications under section 256(1) of the income tax act, 1961 (hereinafter referred to as 'the act') and some were writ petitions filed before the high court. all the matters have stood disposed of consistently with the view taken by the division bench of the high court of andhra pradesh in the leading judgment which is reported as v. v. trans-investments (p.) ltd. v. cit and also impugned herein. in all the matters the question arising for decision is in substance only one: whether the term 'loss' as appearing in section 205(1), first proviso, clause (b) of the companies act, 1956 read with section 115j of the act, means 'including depreciation'.2. in order to appreciate the bone of contention it would suffice to state the facts relevant to one of the assessee's, namely, v. v. trans-investments (p.) ltd. hyderabad, a private limited company. the figures of net profit and loss as per the profit and loss account of the company were as follows :assessment yearprofit/lossdepreciation debited to p & l account 3,0871988-89(+) 35,79,997 (profit before depreciation)(-) 31,95,762 (loss after depreciation67,75,7591989-90(+) 28,37,9473,5343. the assessee-company had filed its return of income disclosing 'nil' income after setting of a part of arrears of depreciation against the current year's .....

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Dec 06 1999 (FN)

Gutierrez Vs. Ada

Court : US Supreme Court

Decided on : Dec-06-1999

gutierrez v. ada - 528 u.s. 250 (1999) october term, 1999 syllabus gutierrez et al. v. ada et al. certiorari to the united states court of appeals for the ninth circuit no.99-51. argued december 6, 1999-decided january 19,2000 the organic act of guam, 48 u. s. c. 1422, provides, inter alia, that "[i]f no [slate of] candidates [for governor and lieutenant governor of guam] receive[s] a majority of the votes cast in any election, ... a runoff election shall be held." petitioners, candidates running on one slate for governor and lieutenant governor, received a majority of the votes cast for gubernatorial slates in the 1998 guam general election, but did not receive a majority of the total number of ballots that voters cast. respondents, petitioners' opponents, sought a writ of mandamus ordering a runoff election. the district court issued the writ, and the ninth circuit ultimately affirmed, interpreting the statutory phrase "majority of the votes cast in any election" to require that a slate receive a majority of the total number of ballots cast in the general election. held: the guam organic act does not require a runoff election when a candidate slate has received a majority of the votes cast for governor and lieutenant governor of the territory, but not a majority of the number of ballots cast in the simultaneous general election. section 1422 contains six express references to an election for those offices, two of them preceding the phrase "in any election," and four .....

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Jun 23 1999 (FN)

Florida Prepaid Postsecondary Ed. Expense Bd. Vs. College Savings Bank

Court : US Supreme Court

Decided on : Jun-23-1999

..... ). in addition, congress found that state infringement of patents was likely to increase. h. r. rep. no. 101-960, pt. 1, at 38. the court's opinion today dismisses this rationale: "at most, congress heard testimony that patent infringement by states might increase in the future and acted to head off this speculative harm." ante, at 641 (citations omitted). in fact .....

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Mar 24 1999 (FN)

Wilson Vs. Layne

Court : US Supreme Court

Decided on : Mar-24-1999

..... other of which i am aware-identified any exception to the rule of law that the court repeats today. in fact, the court's opinion fails to identify a colorable rationale for any such exception. respondents' position on the merits consisted entirely of their unpersuasive factual submission that the presence of representatives of the news media served various legitimatealbeit nebulous-law .....

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Feb 18 1999 (SC)

Bharat Barrel and Drum Manufacturing Company Vs. AmIn Chand Payrelal

Court : Supreme Court of India

Decided on : Feb-18-1999

Reported in : AIR1999SC1008; 1999(2)ALLMR(SC)269; (1999)2CALLT10(SC); [1999]97CompCas786(SC); 1999(1)CTC497; (1999)3GLR2305; JT1999(1)SC576; 1999(2)KLT23(SC); 1999(1)SCALE521; (1999)3SCC

r.p. sethi, j.1. the defendant-respondent is admitted to have executed a promissory note for a sum of rs. 6,20,000 on 11.10.1961 agreeing to pay the aforesaid amount to the plaintiff on demand. on his failure to repay the amount borrowed, the appellant served a legal notice calling upon the defendant-respondent for making the payment of the amount borrowed. neither the amount was paid nor the notice was replied with the result that the appellant-plaintiff was forced to file a suit under order 37 of the cpc in the original side of the high court of calcutta on 10.8.1962. the respondent was granted leave to defend the suit by the learned trial judge. in the written statement filed, the respondent alleged that the promissory note had not been executed 'for the value received' as mentioned therein but was executed by way of collateral security. it was further submitted that in august 1961 the respondent had offered to import 10160 metric tones of steel drum sheets from the appellant which was accepted on 15.9.1961 with the condition that the goods should be shipped on or before 30.11.1961 before the expiry of the appellant's import licence. the promissory note was stated to have thus been executed under such circumstances which were, in fact, intended to be collateral security. due to freezing of lakes the contract of import of steel drum sheets could not be performed, the same was cancelled with the appellant which absolved the defendant-respondent from any liability arising out .....

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