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Judgment Search Results Home > Cases Phrase: rationale Page 10 of about 56,652 results (0.010 seconds)

Apr 02 1990 (HC)

K.M. Shankarappa Vs. Union of India

Court : Karnataka

Reported in : ILR1990KAR4082

..... ' found in the first proviso to section 6(1) of the act arc also to be struck down as unconstitutional as the same cannot stand independently and cannot have any rationale for their existence apart from the words contained in the main portion of subsection (1) of section 6 of the act which we have held as unconstitutional. thus on taking ..... and if the proviso goes, the main part of clause (5) must also fall along with it, since it is closely inter-related with the proviso and cannot have any rationale for its existence apart from the proviso. the main part of clause (5) of article 371d would, therefore, also have to be declared unconstitutional and void.'what is true of .....

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Feb 23 2006 (HC)

Kodepaka Narsaiah Vs. Dandi Narasimha and ors.

Court : Andhra Pradesh

Reported in : 2006(2)ALD716

..... be bad for technical reasons it becomes operative from the date the decision was given by the trial court thus rendering any adjudication on merits impliedly unnecessary. on the same rationale, once the royal court of appeal allowed the review petition and dismissed the appeal as the ex-communication of dionysius was contrary to principles of natural justice and he had ..... appeal in that suit had put an end to any finality in the decision of the first court, and had not led to a decision on the merits.47. the rationale of these decisions is founded on the principle that if the suit was disposed of in appeal not on merits but for want of jurisdiction or for being barred by .....

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Aug 31 2001 (HC)

Klayman Porcelains Limited Vs. Superintending Engineer, Operation, Mah ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD732; 2001(5)ALT274

..... on jurisprudence, fifth edition at page 143, it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all ..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges. 70. in cit v. sun engineering works (p) limited, : [1992]198itr297(sc) dr. a.s. anand, j (as the learned chief justice then was) stated the law .....

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Nov 23 2001 (HC)

U. Govinda Rao and ors. Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Reported in : 2002(1)ALD347; 2002(1)ALT713

..... problems not yetdecided by courts. indeed dicta of thehouse of lords or of judges who weremasters of their fields, like lord blackburn,may often in practice enjoy greater prestigethan the rationale of lesser judges. 64. in c.i.t. v. sun engineering works (p) limited, : [1992]198itr297(sc) , dr. a.s. anand, j (as the learnedjudge then was) stated the law ..... on jurisprudence, fifth edition (at page 143), it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on tower courts; dicta, too, have law quality but are not binding at all .....

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May 17 2007 (HC)

Dr. Arvind Bhatia Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : AIR2007MP196

..... of marks to a demonstrator up to maximum of 50 marks for 5 years and this provision is clearly violative of article 14 of the constitution inasmuch there is no rationale whatsoever in giving weightage of marks to demonstrators and placing them above the other in-service candidates in the merit list for admission to post graduate medical courses.14. mr .....

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Apr 01 2008 (HC)

Dr. Shekhar Seth Vs. M.P. State Bar Council

Court : Madhya Pradesh

Reported in : 2008(5)MPHT42

..... advice v. bar council of india and anr. (supra) has held as under in paragraph 13:13. the next question is, is the rule reasonable or arbitrary and unreasonable? the rationale for the rule, as stated earlier, is to maintain the dignity and purity of the profession by keeping out those who retire from various government, quasi-government and other institutions ..... the age of 45 years and under the impugned rule they are not debarred from practicing. 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 enrollment while .....

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Jul 30 1998 (HC)

Association of Private Educational Institutions (Regd.) Vs. Chandigarh ...

Court : Punjab and Haryana

Reported in : AIR1999P& H43; (1998)120PLR454

..... distinction made in the impugned scheme between the government institutions, government affiliated and aided institutions on the one hand and unrecognised/unafft hated institutions on the other hand is quite rationale and justified. as mentioned above, the members of the petitioner cannot claim parity with the government schools and the government aided/recognised schools. this distinction must have weighed with the ..... '17. learned counsel justified the distinction made between recognised and/or aided institutions and unrecognised, unaffiliated and unaided institutions. according to him the distinction is based on a valid and rationale criteria. shri aggarwal pointed out that the coaching and training institutions to whom the petitioner claims torepresent are being run on commercial principles. they charge hefty fee from the stu .....

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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 06 2007 (SC)

Rajendra Singh Vs. State of U.P. and anr.

Court : Supreme Court of India

Reported in : AIR2007SC2786; 2007CriLJ4281; JT2007(9)SC613; 2008(1)OLR(SC)27; RLW2007(1)SC301; 2007(9)SCALE593

..... a court trained in law would not exercise the power within the confines of the provision and decide whether it may proceed against such person or not. there is no rationale in fettering that power and the discretion, either by calling it extraordinary or by stating that it will be exercised only in exceptional circumstances. it is intended to be used .....

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Jan 07 2005 (HC)

Union of India (Uoi) Vs. Vinay Kumar Agarwal

Court : Delhi

Reported in : AIR2005Delhi419; 116(2005)DLT322; 2005(80)DRJ307

..... been issued as clarifications while working out the 1992 scheme, were superseded. in fact, the 1999 brochure, in its introduction, makes mention of the 1992 scheme, and sets out the rationale for issuing the new brochure. the provisions in the brochure, in material particulars are similar to the 1992 scheme; it appears to be a compilation, put together in 'frequently asked ..... article 14, which makes non-arbitrary behavior imperative.24. if one sees the power of the appellant in the perspective explained above, it would be apparent that there is no rationale why a person who has suffered re-entry should be denied the facility of conversion of his property from lease hold into freehold, whereas a general power of attorney holder .....

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