Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... expansion or modification. practices, which are considered perfectly normal at one time have today become obnoxious and oppressed to public conscious. it was further opined that if there is no rationale public policy, then the court must in consonance with the public conscious, with public good and public interest, declare such practice to be opposed public policy and that the courts ..... marks : air1999sc22 . there is justification for the principle. clive lewis in 'judicial remedies in public law' (first edition 1992, sweet & maxwell, pp. 229 and 230), explained the rationale for the principle as under.the rationale for the exhaustion of remedies principle is relevant to the scope of that principle. a two-fold justification has been put forward. first, that where parliament has .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (1994)107PLR38
..... them into two grounds by introducing a out-off date would ordinarily violate the principle of equality in treatment unless there is a strong rationale discrenible for so doing and the same can be supported on strong rationale discernible for so doing and the same can be supported on the ground that it will subserve the object sought to be achieved. but .....Tag this Judgment!
Court : Supreme Court of India
Reported in : (1996)ILLJ484SC
..... benefits were concerned. the tribunal, therefore, was not in any manner wrong in the view it took. the tribunal also came to the conclusion that in the absence of any rationale, insurance inspectors senior to the deputy managers/managers, grade ii could not be placed at a disadvantage and, therefore, their salaries had to be stepped up. we are, therefore, of ..... was that there was no material on record from which the rationale could be discerned. be that as it may, the fact remains that the extra amount was throughout treated as special pay by the corporation. rule 3(2)(b)(i) which ..... same expression is used for the payment of an extra amount of rs 50 to officers working as deputy managers/managers, grade ii. we tried to ascertain from counsel the rationale for grant of this extra amount of rs 50 per month to officers holding the aforesaid two posts but he was unable to enlighten us in that behalf. his difficulty .....Tag this Judgment!
Court : Gujarat
Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352
..... 306 of the indian succession act, like defamation, assault or other personal injuries not causing death of the party, is to be examined in the light of the rationale and the purpose. the rationale and the purpose of such cause of action, like defamation, assault or personal injuries not causing the death belong to the realm of tort where it involves only .....Tag this Judgment!
Court : Rajasthan
Reported in : 2007(1)WLN385
..... reason that a candidate younger in age has other opportunities to appointment vis-a-vis the candidates touching the outer limit of the prescribed age. such criteria is germane and rationale. such candidates need such consideration as after crossing of the prescribed age, is having no opportunity to seek appointment. therefore, i feel that the criteria adopted by the commission has ..... authority to be dealt with. it could be dealt with, had there been statutory provisions in the rules to deal with it otherwise the commission is duty bound to adopt rationale criteria. there is no provision in the selection rules which could be followed, therefore, the commission has formulated therefore stated criteria.10. learned counsel for the petitioners has relied upon ..... rationale merit in it.16. taking into consideration the availability of the posts, equivalence of merit and the criteria adopted to resolve the situation, i do not feel that either any .....Tag this Judgment!
Court : Chennai
Reported in : 1995CriLJ2771
..... questions did come to be canvassed before me, in the case of velu thevar v. state, represented by inspector of police. nib, cid, theni, 1992 mad lw (cri) 187. the rationale or reasoning given for answering those three questions therein will hold good for this case also. better therefore it is to refer to paragraphs 5 to 13 therein, hereinbelow, reflecting ..... in respect of which he had been convicted and sentenced, leave alone the other ground that he is not likely to commit any offence while on such bail.' 14. the rationale as above, in my view, still holds good and in that view of the matter, there is no justification for suspension of the sentence as imposed by the court below .....Tag this Judgment!
Court : Delhi
..... were placed in pb-1 and not -1s pay band? there is no answer. 10. the matter can yet be looked at differently from a third angle. where is the rationale to give the petitioners the lowest grade pay in pb-1? surely, acquisition of the requisite skill upon combatisation could not be the justification for the reason consequence of complete ..... of 6 th central pay commission were implemented. 7. as per the respondents the rationale for the said date is that after recommendations of the 6th central pay commissioner were received, they were processed, they were accepted with or without modifications. qua followers, placement in ..... ,000/- per month w.e.f. 29th october, 2009 and denied similar benefit for the prior date. 6. filing the instant writ petition it is urged that there is no rationale to grant grade pay @ `2,000/- per month effective from 29.10.2009 and deny benefit from 1.1.2006 i.e. the date with effect from which the recommendations .....Tag this Judgment!
Court : Delhi
..... view of the aforesaid, there is good ground to hold that seeking injunctive reliefs by an sep holder in certain circumstances may amount to abuse of its dominant position. the rationale for this is that the risk of suffering injunctions would in certain circumstances, clearly exert undue pressure on an implementer and thus, place him in a disadvantageous bargaining position vis ..... so far as the amendments to the patents act introduced by the aforesaid amendment acts of 2002 and 2005 are concerned, the same would be construed as later enactments. this rationale was also applied by the supreme court in shri ram narain v. the simla banking and industrial co. limited: air 1956 sc 614 wherein the court while applying the principle ..... to inventors in exchange of their covenant to share its details with the public [see bayer corporation (supra)]. the entire purpose and object of granting patents is based on the rationale of rewarding invention to promote and encourage advancement in technology and industry. 109. on the other hand, the focus of the competition act is "to ensure fair competition in india .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... one party to a commercial transaction was in a stronger bargaining position than the other party. commercial pressure by itself does not amount to economic duress. lord diplock equated the rationale behind recognition of economic duress as a ground of relief by observing inter alia at page 813 as under:-- 'it is a ..... rationale similar to that which underlies the avoid ability of contracts entered into and the recovery of money exacted under colour of office or under influence or in consequence of threats .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 1991(3)ALT80
..... in cases of long periods of imprisonment and detention as under-trial prisoners because in such instances article 21 of the constitution is violated. i have also indicated that the rationale of those decisions would not apply to cases where the parties were not under detention or in jail custody because their liberty is not curtailed. i have also referred to ..... a single day's imprisonment i have clearly pointed out that the rationale of the supreme court decisions in hussainare khatoon v. state of bihar, : 1979crilj1036 , hussainare khatoon v. state of bihar, air 1989 sc 1369 and sheela barse v. union of india ..... .b. tirupathy (1 supra) and pointed out that though the learned judge referred to several decisions of the supreme court, his lordship did not refer to the basis and the rationale on which the court granted relief in those decisions and his lordship referred to the factum of delay and gave relief to dr. n.v. raghava reddy who never suffered .....Tag this Judgment!