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Judgment Search Results Home > Cases Phrase: rationale Page 5 of about 53,051 results (0.035 seconds)

Dec 28 2007 (HC)

Alcove Industries Ltd. Vs. Oriental Structural Engineers Ltd.

Court : Delhi

Reported in : 2008(1)ARBLR393(Delhi)

..... and the bona fide thereof.32. while there is a conceivable logic to permit continuance of the arbitral proceedings following an unsuccessful challenge to the arbitrator, there is no apparent rationale to exclude the invocation of any other provision of the act for redress to a party in default in a fact situation justifying the same. in other words, if circumstances ..... the power of removal of an arbitrator (which, as noticed by me, is not provided for under the act), the same are relevant since the aforesaid rationale for removal of an arbitrator is also the rationale for the automatic termination of the mandate of an arbitrator on account of his de jure inability to function as an arbitrator.50. this court in .....

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Jul 24 2003 (HC)

Accountant General Vs. Kunjamma

Court : Kerala

Reported in : 2003(3)KLT345

..... , under rule 5a (note 2) as noticed above, in case of extension, the actual date of retirement is reckoned as the date of retirement on superannuation. thus, the reasoning and rationale adopted by the division bench does not appear to be tenable. resultantly, we are unable to accept the correctness of the view taken by the bench. it is, consequently, overruled ..... interest of the pupils. it is with that intention that the provision in rule 60(c) was made. this reasoning of the bench is absolutely correct. that is clearly the rationale of the rule. however, despite this, the bench took the view that if the claim of the teacher was accepted 'there will be two sets of government employees and teaching ..... , the benefit of the scale of pay as revised from march 1, 1997 shall be admissible. why should it be denied to only a teacher? there appears to be no rationale for treating a section of the employees viz., the teachers differently from the others.13. faced with this situation, mr. roy chacko has placed reliance on the decision of the .....

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Jan 29 1991 (HC)

Dai-ichi Karkaria Private Ltd., Bombay Vs. Oil and Natural Gas Commiss ...

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 .....

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Jul 02 1991 (HC)

M. Yadagiri Goud Vs. Inspector of Police, Anti Corruption Bureau, Hyde ...

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 .....

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Oct 11 2007 (SC)

Suresh Jindal Vs. Bses Rajdhani Power Limited and ors.

Court : Supreme Court of India

Reported in : AIR2008SC281; 2007(2)BLJR3086; JT2007(12)SC145; 2007(12)SCALE223; (2008)1SCC341; 2007(2)LC1243(SC); 2007AIRSCW6748;

..... the respondent had no authority to replace the existing meters with electronic meters, rationale or other justifications in support thereof would not legalise an illegal act.[see hindustan times and ors. v. state of u.p. and anr. : (2003)illj206sc .30. we have referred ..... statutory in nature.29. before embarking on other questions raised at the bar, we would like to place on record that the high court had placed strong reliance on the rationale of replacing the existing meters with electronic meters, but, we are of the opinion that the same is not at all relevant as in the event it is held that .....

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May 25 1973 (HC)

The Indore Malwa United Mills Ltd. and ors. Vs. Union of India and ors ...

Court : Delhi

Reported in : ILR1974Delhi311

..... only manner in which the mill could continue to function would be if the extensive support was given by the state government. thus a situation had developed where the very rationale for the existence of private management had failed. the much vaunted claim of the private entrepreneur that its existence is necessary to raise untapped resources in the market by his ..... act. 1969 imposing cess on residential buildings in the city of bombay was challenged. challenge was made to the act on the ground that there was no classification and no rationale in dividing the residential and non-residential buildings as a number of buildings falling in both groups had been found to be in imminent dangerous condition and posed the problem .....

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Apr 13 2009 (HC)

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 159(2009)DLT326

..... a distinction between persons who have demitted office prior to the insertion of the impugned provision, that is, 11.05.2007 and those who would demit office thereafter. if the rationale for inserting the provision is that it would enhance public interest by strengthening the administration of justice, we would not impede the said pursuit of the legislature based on tenuous ..... put in place, if the incumbent was compensated adequately in pecuniary terms by making the pension equivalent to salary last drawn and increasing the retirement age to 65 years. the rationale supplied for bringing about the amendment was, that the appointment to the bench of the high court was brought about at a relatively late age and then to deprive a ..... themselves available not only to further the cause of the assessees but also that of the revenue. in our view this submission misses the wood from the trees. the predominant rationale for introduction of this provision is to strengthen the cause of administration of justice. to remove what the legislature in its wisdom feels is a perceived class bias. if that .....

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Sep 29 1995 (HC)

Kishanchand Vs. Union of India

Court : Delhi

Reported in : ILR1996Delhi175

..... said instruction, the said instruction was made inapplicable to petitioner because the petitioner underwent training at ima. this condition in para no. 5 petitioner says is arbitrary and without any rationale. para no. 2 of the said instruction clearly provides that it would apply to the cadets at the national defense academy or naval and air force establishment. they will receive ..... to show as to why the. same airman when. undergoes training at indian military academy should be deprived of the same benefit. on account of this discrimination which had no rationale the army authority issued instruction no. 415174 which is reproduced as under :- 4/s/74. grant of regular commission in the. army through the indian military academy, dehra dun. a ..... special army instruction 4/s/74 is not retrospective, to my mind, is without force. the question is not whether this instruction is prospective or retrospective but what was the rationale nexus for depriving the officials like the petitioner vide para 5 of af1.142/62. from the facts which have come on record, it appears that this instruction was issued .....

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Jul 24 2003 (HC)

Accountant General Vs. Neelakantan Nair

Court : Kerala

Reported in : 2003(3)KLT525

..... , under rule 5a (note 2) as noticed above, in case of extension, the actual date of retirement is reckoned as the date of retirement on superannuation. thus, the reasoning and rationale adopted by the division bench does not appear to be tenable. resultantly, we are unable to accept the correctness of the view taken by the bench. it is, consequently, overruled ..... interest of the pupils. it is with that intention' that the provision in rule 60(c) was made. this reasoning of the bench is absolutely correct. that is clearly the rationale of the rule. however, despite this, the bench took the view that if the claim of the teacher was accepted 'there will be two sets of government employees and teaching ..... , the benefit of the scale of pay as revised from march 1, 1997 shall be admissible. why should it be denied to only a teacher? there appears to be no rationale for treating a section of the employees viz. the teachers differently from the others.13. faced with this situation, mr. roy chacko has placed reliance on the decision of the .....

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Nov 16 2007 (HC)

Real Mazon India Ltd. Vs. State of Assam and ors.

Court : Guwahati

..... by the apex court on due consideration. these, therefore, do not project grounds emanating from facts and circumstances distinguishable from those as obtained at the adjudication in that case. the rationale behind the corrigenda assigned by the state respondents also do not promise better implementation of rule 50 to approve the deletion of the needfulness of the criteria of experience and ..... immaterial and ought to be ignored. the stipulations of the ifb being within the realm of contract and the reasons assigned in support of the corrigenda being objective logical and rationale, the prayer for judicial intervention is misconceived more particularly as neither the petitioner is disqualified thereby nor is its right or interest in any manner adversely affected, he urged. mr ..... of road transport and highways, government of india, formulated in accord with rule 50 of the rules. not only the insistence for cop at the bidding stage lacked logic and rationale, such document being issuable only after the authorization is received by the successful bidder from the road transport officer to supply hsrp as per para 4(ix) of the motor .....

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