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Judgment Search Results Home > Cases Phrase: rationale Page 100 of about 53,051 results (0.010 seconds)

Nov 25 1983 (HC)

Lachhman Singh Vs. Gulzari and ors.

Court : Punjab and Haryana

Reported in : AIR1984P& H149

..... requires was not even remotely adverted to. the factum of the cut-off date being the commencement of the shamilat law in 1954 was not noticed nor was noticed the rationale of the recognition of long standing consensual possession of non-proprietors over the lands on which they had erected their houses to which, indeed, the legislature intended to grant statutory ..... (a) and (b) of section 4 fixed the outer limit to the commencement of the shamilat law as defined in section 2 (h). as has already been noticed, the very rationale of the statute was the recognition on that particular date of the long standing fact of non-proprietors having been earlier given sites for housing them in lieu of services ..... proprietors. of the sites under their houses within the abadi deb and thus felt totally insecure even with regard to a shelter over their. heads. on this specific point, the rationale for the remedies sought to be provided by the statute was that in umbrella of shelter and protection should exist for non-proprietors who, from times immemorial, had rendered services .....

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Aug 30 1994 (HC)

Meenal Sharma Vs. State of Haryana

Court : Punjab and Haryana

Reported in : (1995)110PLR209

..... fide residents of haryana. as noticed in the earlier part of the judgment, this consideration has purposely been excluded and that too for a valid reason as it had no rationale nexus to the object sought to be achieved. presently, the emphasis is to prefer the candidates who had their education in school or colleges irrespective of the fact whether such ..... criteria have been duly noticed and so need not be stated again. all that it has to be seen is whether the same is based on intelligible differentia and has rationale nexus to the object to be achieved. examined so, it can be said that by taking recourse to the present eligibility criteria chances of persons getting admission on the basis ..... school or institution outside the state, he too is not entitled as per the present eligibility criteria. according to the counsel, the present eligibility criteria besides being discriminatory has no rationale to the object sought to be achieved and on this ground alone such a provision is liable to be struck down under article 14 of the constitution of india.9 .....

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Oct 15 2004 (HC)

Jaskaran Singh Brar Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)

..... , namely, a first class graduate has been given 10 marks, second class graduate 7 marks and third class graduate 5 marks. we fail to understand the object and/or any rationale behind award of marks for the minimum qualifications. selection criteria is meant to determine 'merits' of the candidates whereas minimum eligibility qualifications bring them within the zone of consideration. if ..... ., 1996 (1) scc 642, argued that 'equal treatment of unequal objects, transactions or persons is not liable to be struck down as discriminatory unless there is simultaneously absence of a rationale relation to the object intended to be achieved by the law.'he also relied upon the judgment of the hon'ble supreme court of india in state of kerala v ..... they can be appointed only with the previous approval of the regional deputy director, local government. on a consideration of the aforesaid scheme of the rules, their lordships held that rationale behind this rule is that in a small place like mansa, most of the persons would be related to one or the other and what was required to be considered .....

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Sep 04 1990 (SC)

Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... and 19, it seems to us impossible to hold that we should still save article 31c from the challenge of unconstitutionality by reading into that article words which destroy the rationale of that article and an intendment which is plainly contrary to its proclaimed purpose.'246. the court then dealt with the argument of the learned additional solicitor general who contended ..... constitution. the court opined that 'to do so in that case would involve a gross distortion of the principle of reading down depriving that doctrine of its only or true rationale when words of width are used inadvertently.' according to the court, 'the device of reading down is not to be resorted to in order to save the susceptibilities of the ..... may be qualified, its operation limited and conditions, limitations and obligations may be implied or read into the statute in order to make it conform to constitutional requirements. the underlying rationale, according to the learned attorney general, of this rule of interpretation, or the doctrine of reading down of a statute is that when a legislature, whose powers are not unlimited .....

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May 09 1980 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... and 19, it seems to us impossible to hold that we should still save article 31c from the challenge of unconstitutionality by reading into that article words which destroy the rationale of that article and an intendment which is plainly contrary to its proclaimed purpose.71. a part of the same argument was pressed upon us by the learned additional solicitor ..... of the learned counsel in this behalf because, to do so will involve a gross distortion of the principle of reading down, depriving that doctrine of its only or true rationale when words of width are used inadvertently. the device of reading down is not to be resorted to in order to save the susceptibilities of the law makers, nor indeed ..... rights to all communities than by including them among the basic principles of the constitution.india represents a mosaic of humanity consisting of diverse religious, linguistic and caste groups. the rationale behind the insistence on fundamental rights has not yet lost its relevance, alas or not. the congress session of karachi adopted in 1931 the resolution on fundamental rights as well .....

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Dec 14 1964 (SC)

A. Venkata Subba Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Reported in : AIR1965SC1773; [1965]2SCR577

..... , as they were equally clearly not based upon any genuine consent, they must rest upon an implied or hypothetical agreement." various bases have been suggested in modem times as the rationale and proper foundations on which to rest this action. but we are not concerned with these theories or their history and evolution in england. what is of relevance is the ..... of the first colunm of the article before it could be applied. this in its turn, as we shall show presently, stems from a difference of' opinion as to the rationale on which the action for money had and received rests in the english law. the doctrine on which the action for "money had and received" was based was propounded by ..... to the defendant the intention to hold it for the plaintiffs use and compel a refund of it to the plaintiff. there has been difference of opinion on the exact rationale on which that obligation was rested. one view was based on imputed promise or a quasi contract which cast an obligation on the conscience of the party to restore benefits .....

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Mar 19 1986 (SC)

indravadan H. Shah Vs. State of Gujarat and anr.

Court : Supreme Court of India

Reported in : AIR1986SC1035; (1986)2GLR426(SC); (1986)IILLJ166SC; 1986(1)SCALE456; 1986Supp(1)SCC254; [1986]1SCR926; 1986(3)SLJ221(SC); 1986(2)LC10(SC)

..... who have served as assistant judges, no such restriction of age has been provided in rule 6(2)(i)(a) and (b) of the said rules. there is obviously no rationale, nor any reasonableness for introduction of this age bar in regard to appointment by promotion to the post of an assistant judge. the rule, is, therefore, arbitrary and it violates ..... , however, been filed on behalf of the state. 7. similar contentions were made before us by the learned counsel who appeared on behalf of the high court to support the rationale behind the laying down of the age bar for the purpose of promotion to the post of assistant judge in case of persons already in service. 8. the division bench ..... in the erstwhile state of bombay, though there was no age limit for selection to the post of district judge from the bar. it has been further stated that the rationale under lying the age restriction for recruitment to the post of assistant judge is that such assistant judges should have sufficient number of years left before they reach the age .....

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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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