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Apr 10 2008 (SC)

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... a sad day indeed, were america to become a quota- ridden society, with each identifiable minority assigned proportional representation in every desirable walk of life. but that is not the rationale for programs of preferential treatment; the acid test of their justification will be their efficacy in eliminating the need for any racial or ethnic preferences at all.39. the provisions ..... be justified subject to discharging the burden of proving justification in favour of the class which must be educationally handicapped-the reservation geared up to getting over the handicap. the rationale of reservation in the case of medical students must be removal of regional or class inadequacy or like disadvantage. even there the quantum of reservation should not be excessive or ..... -heartened and their hopes will be shattered if instead of showing respect for each other, there is mudslinging, unwanted criticism or impermissible criticism about the manner of functioning or the rationale of a decision or a view taken. in this context, it would be relevant to take note of what this court said in builders association of india v. union of .....

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Jul 06 1999 (HC)

C.S.O. Senior Investigators' Association and Another Vs. Union of Indi ...

Court : Delhi

Reported in : 1999VAD(Delhi)325; 80(1999)DLT748; 1999(51)DRJ385

..... posts. such pre-conditions include, inter alia, cadre restructuring, redistribution of posts, etc.54. it will be seen from this that 'restructuring cadre' or 'cadre restructuring' may amount to a 'rationale' in one case and may amount to a 'precondition' in another.55. it is sought to be contended by the respondents that in the present case, the creation of a ..... are subject to the fulfillment of specific conditions. these specific conditions are, inter alia, changes in recruitment rules, restructuring of cadres etc. these specific conditions are said to provide the rationale for the recommendations.53. there are other categories of posts in respect of which cretin preconditions have been laid down by the central pay commission. these preconditions have to be ..... -distribution of posts into higher grades etc. thereforee, in those cases where conditions such as changes in recruitment rules etc. which are brought out by the pay commission as the rationale for the grant of these upgraded scales, it will be necessary for the ministries to decide upon such issues and agree to the changes suggested by the pay commission before .....

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May 28 2009 (HC)

Microfibres Inc. Vs. Girdhar and Co. and anr.

Court : Delhi

Reported in : LC2009(2)229; 2009(40)PTC519(Del)

..... (d) of the designs act, 2000, therefore, has to be read in view of the limitation imposed on copyright by virtue of section 15 of the copyright act. i. the rationale and philosophy underlying the design protection under the designs act, 1911 and its successor designs act, 2000 has remained the same and is evident from the following factors:a. the ..... that available for a period of the age of the author plus 60 years available under the copyright act. such an interpretation is anti-competitive and stagnates industrial innovativeness, the rationale underlying the statutory monopolies such as designs and patents. reliance has been placed on paragraphs 51 and 64 of the learned single judge' s judgment. f. reliance was placed on ..... plea of the appellant has been termed as incorrect in law and fact by the learned counsel for the respondent no. 2. it is submitted that the interpretation negates the rationale underlying the copyright legislation and the design legislation and is not only anti-competitive but also would throttle and stagnate the industry. reliance has been placed on the case of .....

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Aug 25 2009 (HC)

United Exports Vs. Commissioner of Income Tax

Court : Delhi

Reported in : (2010)229CTR(Del)93; [2009]185TAXMAN374(Delhi)

..... sister concern is rs. 11.11 crores clearly justifies giving a trade discount of 11% to the sister concern as compared to 3% to the others. further, there is no rationale or basis or any logic of the authorities below in unilaterally deciding a disallowance by reducing the entitlement from 11% as claimed by the assessee to 3% (by the assessing ..... contended that there is no rationale and valid basis for this ad hoc disallowance. it was contended that once the justification of the assessee was accepted by the tribunal in paragraphs 11 and 12 of the ..... from the fact that in fact in reality the amount was actually a trade discount and whose character/type was not doubted by the assessing officer;(iv) there is no rationale or basis for the authorities below in making ad hoc disallowance to 3% by the assessing officer, 8% by the cit and reduced to 5% by the itat. the counsel .....

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Oct 15 2009 (HC)

Cit Vs. Bharat Alumunium Co. Ltd.

Court : Delhi

Reported in : [2010]187TAXMAN111(Delhi)

..... that this was a cumbersome procedure leading to various difficulties. this necessitated introduction of the concept of block of assets and allowability of depreciation on such a block.28. the rationale behind such a provision is contained in circular no. 469 dated 23.09.1986 issued by the central board of direct taxes (cbdt):after referring to the budget speech of ..... lump-sum amount of depreciation for the entire block of depreciable assets in each of the four classes of assets namely, building, machinery, plant and machinery.29. relying upon this rationale for introducing the new concept, the mumbai bench of the tribunal in the case of artic [1999] 68 itd 462 opined that when a new asset is added in the ..... to depreciation contained in the aforesaid provisions, we are inclined to affirm the view taken by the tribunal in the instant case. while doing so, we have in mind the rationale and purpose for which the concept of block asset was introduced by the amendment in the provisions of the act, as reflected in the circular dated 23.09.1988 of .....

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Jun 19 2003 (HC)

Muhammed Vs. Kunhayisha

Court : Kerala

Reported in : II(2003)DMC756; 2003(3)KLT106

..... exercise to look for authority under the personal law for the statutory stipulations in chapter ix. that is, according to me, an unnecessary exercise. whatever be the basis or the rationale which prompted the parliament to impose such a duty on the parent/husband/children to maintain their children/wife/parents, it remains that chapter ix creates such statutory liability and ..... criminal adjudicatory process. it is true that courts have on some occasions, unnecessarily perhaps, looked up to the personal law to discover/invent the basis or rationale of the provisions of chapter ix. but whether such rationale/basis exists or not, it is very evident that section 125 cr.p.c. obliges every person to maintain the persons specified in clauses (a .....

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Oct 28 1983 (HC)

The Arvind Mills Ltd. and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : (1984)2GLR1140

..... non-agricultural, the conclusion is inescapable that the payment must relate itself to the quantum of the produce from the use of the land. if this had not been the rationale of the land revenue, there would have been no justification for different rates of assessment when the land is put to non-agricultural use. the fact that the building assessment ..... of the petitioners that section 48 does not warrant the levy of land revenue with reference to the location of the land is also based on misapprehension of the true rationale of the impost. if the money payment can be raised from time to. time so as to be commensurate with the fruits of the cultivation of the land, whether it ..... assessment carries out the same idea, as being the equivalent for a certain proportion of what the cultivation of lands under these new conditions might other words, the rationale underlying the impost is that he who has the soil must pay in proportion to the fruits he reaps out of the cultivation of the land. the non-agricultural assessment .....

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Apr 15 2005 (HC)

Gujarat Water Resources Development Corporation Ltd. Vs. Gujarat Jal S ...

Court : Gujarat

Reported in : (2005)3GLR2515

..... . s.p. sathe and i.p. massey and also the observations of hon'ble chief justice mukharji and even the definition of judgment contained in cpc and further decisions and rationale given for which i have stated, in my view, the tribunal - a quasi-judicial authority ought to have give reasons as to why the tribunal has given retrospective effect of ..... world at large by formal 'pronouncement' or 'delivery' in open court.'{re: surendra singh v. state of u.p., air 1954 sc 194(196) : 1954 scr 330}13.3h the rationale for reasoned decision-making - why tribunal - a quasi-judicial body should give reason in support of its findings.13.3h/1 several justifications have been urged for the need to ..... the decision. right to reason is an indispensable part of a sound judicial system, reasons at least sufficient to indicate an application of mind to the matter before court. another rationale is that the affected party can know why the decision has gone against him. one of the salutary requirements of natural justice is spelling out reasons for the order made .....

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Feb 27 1985 (HC)

Kewal Kumari and anr. Vs. the State of Rajasthan

Court : Rajasthan

Reported in : 1985(1)WLN772

..... government advocate as to why this benefit has been denied and can be denied to the transferred officers. no reason was put forward. there does not appear to be any rationale in allowing the benefit to these, who retired after qualifying service and those who were 'transferred to the autonomous bodies on their option after completion the qualifying service. it is ..... account of absorption in the university services, virtually retirement from government service is brought about and construed in this sense, rule 261 would be attracted. besides that there is no rationale behind denial of the benefits under chapter xhiii to the family of the officials, if they have opted for service of the autonomous bodies, after completion of 20 years qualifying ..... under rule 261 of the rajasthan service rules (for short 'the rsr'), the family of dr. d.r. bhandari cannot be denied the benefit of family pension. there is no rationale for treating that class of the government servants differently, who after completing 20 years service have been transferred to the other autonomous bodies. he pointed out that under rule 261 .....

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Mar 09 1979 (HC)

Coimbatore Municipality Vs. C.G. Subbiah

Court : Chennai

Reported in : AIR1980Mad130

..... very same decision rendered by ramw prasada rao, j. (as he then was), con ended that inasmuch as the municipality has fixed different rates for different stall holders without any rationale behind, it, the fixation of the fee has to be struck down as arbitrary, discriminatory and opposed to the principles of natural justice. the learn ed counsel further submitted that ..... fixation of licence fee, which cannot be justified. raghavan j. then concluded by stating that the finding of the learned appellate judge (district judge, coimbatore) that there is a definite rationale in fixing the fee payable by the various stall holders in accordance with the extent of the trade carried on in that stall is not correct, as that would offend ..... been effected in learned district judge, after considering accordance with, the provisions of the evidence on record, and observing municipal laws and is intra vires that there is a definite rationale in fixing of the powers of the council. it the fee payable by the various stallholders been further averred that the holders in accordance with the extent of the council .....

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