Court : Mumbai
Reported in : 2002BomCR(Cri)23; (2002)104BOMLR413
..... of september, 2000.in such a factual matrix, in our judgment, it cannot be concluded with certainty that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.21. we may also mention that in pradeep paturkar's case (supra), the impugned detention order was founded on ..... looking to the propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between his prejudicial activities and the rationale of clamping a detention order on him has been snapped.mr. b.r. patil, acting public prosecutor for the respondents, submitted that since the live link has not been snapped ..... propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped.9. we have perused the averments contained in ground no. 8(a) of the petition and those contained in para ..... i.e. on 19th february, 2001, there was an inordinate time - gap of nearly 4 months which severed the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. it has also been pleaded in ground no. 8(a) that the detaining authority be called upon to disclose and explain to this .....Tag this Judgment!
Court : Patna
..... rules it is permissible to treat them as belonging to different classes. the only matter about which the court should satisfy itself is whether the cut off date has any rationale basis or not. secondly, there is distinction between liberalisation or revision of an existing scheme and its substitution by an entirely new scheme. the past retirees i.e. those retiring ..... basis and any division which classified them into two groups by introducing a cut off date would ordinarily violate the principle of equality in treatment unless there is a strong rationale discernible for so doing and the same can be supported on the ground that it will subserve the object sought be achieved. but in the case of a new scheme ..... basis and any division which classified them into two groups by introducing a cut off date would ordinarily violate the principles of equality in treatment unless there is a strong rationale discernible for so doing, in the case of new scheme in respect of which the retried employees have no vested right, the employer can restrict the same to certain class ..... the dates of superannuation. as such any revised scheme in respect of post retirement benefits, if implemented with a cut off date, which can he held to be reasonable and rationale in the light of article 14 of the constitution, need not be held to be invalid. it shall not amount to 'picking out a date from the hat' as was .....Tag this Judgment!
Court : Delhi
..... paid amounts as demanded and the amounts also included litigation expenses, incurred by the respondent. the appellant further withdrew the writ petition and also settled its arbitration claim. 38. the rationale of the learned single judge in the impugned order dated 08.02.2016 is that the contract was still unexecuted and unconcluded as per the requirement of letter dated 12 ..... 41(e) of the specific relief act, 1963 and if termination was found to be unlawful, the only relief could be damages/compensation for the period of notice. 39. the rationale is fundamentally erroneous. the respondent is not seeking to terminate the concluded contract. the letter of 04.08.2015 is the only letter relied upon by the respondent. the letter ..... . if the stand of the respondent was that there is a concluded contract and they have the right to terminate the same, the situation would have been different and the rationale of the learned single judge could have been made applicable but that is not the case. 40. since there is a concluded contract, the respondent cannot, without terminating the same .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2000KAR1821; 2000(4)KarLJ97
..... no doubt, what should be the qualification prescribed for a post is within the realm of the rule making authority. but, if the qualification prescribed has absolutely no rationale with the object sought to be achieved and such a qualification results in discrimination or the classification prescribed is unreasonable or arbitrary, certainly this court is entitled to examine ..... rules is only the qualification prescribed for being eligible to be considered for appointment to the post of gazetted probationers. in this background, i do not find any rationale or principle to disqualify persons who possess higher degree than that of a bachelor degree to write either the preliminary or main examination for the post of gazetted ..... like, degree in dental science, medicine and engineering, is treated as the basic qualification for being considered for appointment to the post of gazetted probationers, there cannot be any rationale or principle in holding that the person who possesses postgraduate degree or doctorate degree inthe subjects, like, economics, history, commerce, statistics or sociology, the knowledge of which will ..... the preliminary and final examinations and also the marks obtained in the interview and on comparative assessment of the merits of the candidates; and therefore there is no rationale in insisting that the candidate should possess the basic degree qualification to be eligible for being considered to appear for the examinations. they also submitted that insofar as .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : (1998)144CTR(AP)424; 230ITR536(AP); 99TAXMAN500(AP)
..... income assessed is ineligible in the first case whereas only the detected income is ineligible in the second case. we do not find any substance in this argument because the rationale behind the two sub-classifications of tax evaders are quite distinct. in the first case where notices are issued under ss. 142 and 148, as we have explained above, the ..... time granted in accordance with such notices if the time granted had not expired prior to the commencement of the scheme. it is only this construction which will satisfy the rationale that those who have been given an opportunity and have not availed the opportunity before the expiry of that period of opportunity, who will be debarred from another opportunity under ..... issued under ss. 142 or 148 and no return has been filed before the commencement of the scheme, a voluntary disclosure cannot be made in respect of that income. the rationale for this prohibition is that a person who has been given a second opportunity to file a return after his failure to return it voluntarily under s. 139 and has ..... rationale is that they did not avail of a second opportunity and should, therefore, not be given any opportunity under the scheme. they constitute a separate category of tax evaders whose .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2002(5)ALD687
..... . in other words, principle of constructive res judicata is a point which ought to be taken, if not taken, could also be covered by the principle of res judicata. the rationale behind the principle of constructive res judicata is that unless as aforesaid is done, a party for the same relief, may seek his redressal on few grounds and being unsuccessful ..... or rationale could not be treated as a law declared to have a binding effect under article 141 of the constitution. in state of u.p. v. synthetics and chemicals limited, : 1993 ..... order of the supreme court operates as a binding precedent and, therefore, it would attract the provisions of article 141 of the constitution of india. firstly, ratio decidendi is a rationale of the judgment and order of a court and not the relief granted by such court. it is well settled that any conclusion of the court not preceded by reasoning .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : 2008(5)MPHT374
..... . in the case at hand, the classification has been made between the government sector industries and the non-government industries. there is foundation for the said classification and there is rationale behind the classification between government owned and controlled industries and the industries of the private sector. the other part that certain government industries may be included or the act would ..... . : 2scr780 , their lordships, while dealing with the eligibility criteria, which provide preference to be given to uneducated person over an educated person, came to hold that there is no rationale in adopting such policy and in the absence of any guidelines the selection is entirely left to the whims of the individual officer who holds the interview.41. in premium ..... 14 of the constitution.73. the next submission of the learned counsel for the petitioners fundamentally relates to the absence of rationale paradigm and restriction of industrial philosophy and absence of uniform policy in respect of labour law without any rationale or justification. we have already referred to the industrial philosophy under the central act. in the counter affidavit it has been .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1995SC691; 1995(1)ALT44(SC); (1995)97BOMLR248; (1995)1GLR848; JT1995(1)SC423; 1995(1)KLT311(SC); 1995(1)SCALE181; (1995)1SCC732; 1SCR304; 1995(1)LC344(SC)
..... the age of 45 years and under the impugned rule they are not debarred from practising. 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 enrolment while ..... which they are prepared to stoop to any levels which has a very negative influence on young minds who join the profession after graduation. can the restriction imposed on this rationale be sustained? that is the short question.6. we have briefly noticed the relevant provisions of the act in the earlier part of this judgment. we may now briefly indicate ..... support of the rule impugned before us.5. it is clear from the above averments found in the counter filed on behalf of the bar council of india that the rationale is that the profession of law being a pious and honourable profession, its main object being service of mankind by serving the system of administration of justice, it is the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2001VIIIAD(SC)1; AIR2001SC3958; 2001(2)ALD(Cri)787; 2001(4)ALLMR(SC)829; 2001(2)ALT(Cri)327; 2002(50)BLJR745; 2001CriLJ4660; II(2001)DMC714SC; (2002)1GLR531; JT2001(8)SC218
..... legislature took note of certain facts in enacting the law will not be of much materiality.34. in shah bano's case this court has clearly explained as to the rationale behind section 125 crpc to make provision for maintenance to be paid to a divorced muslim wife and this is clearly to avoid vagrancy or destitution on the part of ..... regular payment of alimony to the divorced woman, though it may look ironical that the enactment intended to reverse the decision in shah bano's case, actually codifies the very rationale contained therein.31. a comparison of these provisions with section 125 crpc will make it clear that requirements provided in section 125 and the purpose, object and scope thereof being ..... of these persons to maintain themselves, these provisions have been made the moral edict of the law and morality cannot be clubbed with religion. 3. the argument is that the rationale of section 125 crpc is to of set or to meet a situation where a divorced wife is likely to be led into destitution or vagrancy. section 125 crpc is .....Tag this Judgment!
Court : Delhi
Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250
..... takeover by an outsider. this premise is very doubtful. the party which is to gain from the takeover bid is one and the same i.e the tata group. the rationale behind section 395 of the act is totally negated by virtue of what i see as incestuous transactions between the two tata siblings, nay clones. if, by such machinations, the ..... ., : air1957mad341 ). in my view it is extremely important that the 90 per cent majority should comprise of different and distinct persons since this would then fall in line with the rationale of the section and justify overriding the rights and interests of the dissentients. it is also imperative that this majority should not be same as the party seeking to acquire ..... petitioner in the merged entity to be a three way venture .....'. two aspects must be underscored forthwith. firstly, that there was perceived to be a tata group, thus negating the rationale behind the 90 per cent stipulation in the said section. secondly, that the scheme of amalgamation/ reconstruction could have, and should have, contemplated the ouster of the petitioner at that ..... 637-638 and in re sussex brick co. ltd.  2 w.l.r. 665:  1 all e.r. 772. the question that arises is whether there is any rationale in the prescribed percentages, dependent upon the gravity of the measures to be effected. in my opinion, it is not legally odious to expect a minuscule group to fall in .....Tag this Judgment!