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Judgment Search Results Home > Cases Phrase: rationale Page 100 of about 53,149 results (0.011 seconds)

Dec 30 1996 (HC)

Sambasiva Rao G. Vs. A.P.S.R.T.C. and ors.

Court : Andhra Pradesh

Reported in : 1997(1)ALT219

..... state the principle to resolve that question and pronounce its opinion on the basis of such principle. then only such statement becomes a ratio, not otherwise. a ratio is the rationale of a decision, the decision itself is not the ratio. therefore, mere conclusion of a judge without stating the principle as the basis for the conclusion cannot be a ratio ..... held that 'a decision is binding not because of its conclusions but in regard to its ratio and the principles laid down therein.' ratio decidendi is rationale of a decision and i do not find any rationale in the decisions cited by the learned counsel for the petitioner, and therefore there is no scope for application of the stare decisis doctrine. 24 .....

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Aug 06 1999 (HC)

Crane Betel Nut Powder Works, Guntur Vs. State of A.P. and Another

Court : Andhra Pradesh

Reported in : 1999(6)ALD30

..... ground that the cost of groundnut oil which is extracted from the groundnut cake is more than the groundnut oil extracted from the groundnut has no merit. there is no rationale behind such levy, as such the entry 24(a) suffers from discrimination. the full bench also observed that merely because an intermediary product comes into existence before the end-product ..... be the same. to hold that the end-product, manufactured from differentsources, to suffer different rates of tax is incorrect. in other words, this court observed that there is no rationale behind levying different rates of tax - one lower and the other higher - on the same end-product and, therefore, it is arbitrary. the reason for imposing different rates of tax ..... nut powder manufactured out ofarecanuts which have suffered tax under apgst act. levying of two different rates of tax on the same product is impermissible in law. there is no rationale behind in levying higher rate of tax in respect of imported betel nut powder or the betel nut powder manufactured from the non-taxed arecanuts and levying lower rate of .....

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Jan 31 1977 (HC)

Mst. Parmeshwari (Deceased) Represented by Her Legal Representatives V ...

Court : Punjab and Haryana

Reported in : AIR1977P& H141

..... and large the decisions cited before us related largely to instances of male transferees or donees from widows or other female limited owners. nevertheless, it appears to me that the rationale and the logic of the judgments referred to hereinafter does not necessarily become warped or inapplicable by this factor alone. the reasoning of the judgments is not rested necessarily on ..... above do not seem to have been adequately noticed in the cases cited before us. it would, however, be now wasteful and perhaps dilatory to examine the remaining arguments and rationale as if they were matters of first impression whilst in fact a large field thereof does seem to be covered by a plethora of precedents. i, therefore, proceed now to ..... the learned counsel for the appellant whilst that in favour of the male donee can never be so enlarged. even when pressed, the learned counsel was unable to give any rationale for such divergent and contradictory results arising in law on an identical set of facts.30. secondly, in the reverse one maytake into consideration the example of a gift by .....

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Apr 05 1977 (HC)

Surjit Singh Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Reported in : AIR1977P& H360; 1979CriLJ214

..... confidential reports but instead the relevant rule visualises the maintenance of their service record in form no. 13.8 (1) which is expressly directed to be kept confidential.32. some rationale for treating the lower subordinates in this regard differently from the higher ranks was also plausibly suggested by mr. tiwana on behalf of the respondents. it was pointed out that ..... were concerned, but in sharp distinction thereto, the date of appointment was to continue to govern the seniority of lower subordinates irrespective of their subsequent dates of confirmation.11. some rationale for this rather anomalous distinction was sought to be provided by the learned counsel on the ground that seniority of the lower subordinates is primarily within the district of their ..... in the whole gamut of numerous service rules which would provide that an unconfirmed person is to rank senior to another confirmed in the same rank. by and large, the rationale and tenor of service rules is that a confirmed and substantive member of the service is to rank higher than those not confirmed. i, therefore, on principle, see no reason .....

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Mar 30 1982 (HC)

Vinod Kumar Sethi and ors. Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : AIR1982P& H372

..... distinction in so far as partnership property is deemed to be in joint ownership in law. even keeping that sharp distinction, in mind, it appears to me that this larger rationale is equally attracted to the conjugal relationship. the nature, character and the incident of property within the matrimonial home, so long as the marriage subsists, seem to be such that ..... mohan das v. mohendra bhowal, air 1948 cal 292; priyanshu ranjan datta v. hirendra kumar mitra, ilr (1949)cal 454; and jaikrishna v. crown, air 1950 nag 99. the broad rationale underlying the view that a partner cannot be prosecuted by another partner for criminal breach of trust, in respect of partnership property, is a twin one. the nature, character and ..... sher jang singh v. smt. virinder kaur, (1978) 80 pun lr 737 : (1979 cri lj 493) must be noticed. it was sought to be contended that there was no adequate rationale behind the conclusion arrived at by the division bench therein and it was impelled only by sentimental reasons of avoiding hardship against illiterate and helpless wives in this country. i .....

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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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