Court : Delhi
Reported in : 2001(63)DRJ620
..... interests within the department. the practice adopted by the dvb, however, runs this rationale aground and defeats its very purpose. thereforee, there must be very strong and unavoidable reasons, to be dealt with specifically and spelt out in detail, that have been found necessary ..... , it also appears that the very purpose of appointing persons on deputation would be defeated if such persons are allowed to continue in the department for long periods. the salutary rationale behind appointments on deputation would be to infuse fresh as well as distinct blood into the department. this would, in large measure, fight against the creation of cliques and vested .....Tag this Judgment!
Court : Delhi
Reported in : (2002)176CTR(Del)1; 122TAXMAN897(Delhi)
..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges.41. referring to quinn v. leathain (1990-1993) aer (rep. 1), krishna kumar v. union of india : (1991)illj191sc , cit v. sun engg. co. ltd. : 198itr297 ..... dias on jurisprudence, fifth edition at page 143, it is statedpronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all .....Tag this Judgment!
Court : Kerala
Reported in : AIR1957Ker19
..... under section 70 should be considered as based not on contract not on quasi-contract, a term which covers a wide area including claims on a quantum meruit. 6. the rationale of quasi-contract according to lord mansfield, is the necessity of restoring benefits unjustly obtained -- moses v. macferlan, (1760) 2 burr 1005 (a) -- and according to lord sumner the existence ..... now recognised to fall within a third category of common law which has been called quasi-con tract or restitution.' 8. it should be clear from the above that the rationale of quasi-contract is still a matter of speculation, in english law and all that cheshire and fifoot are prepared to say in concluding their discussion of quasi-contract is .....Tag this Judgment!
Court : Gujarat
Reported in : (1998)1GLR25
..... , the orders were issued giving benefits to some of the retirees up to a particular date and denying the same benefits to the retirees prior to that date without any rationale or reasoning. therefore, in all those cases benefits of new policy to the pensioners from the dates of new policy on account of new orders were made available to all ..... 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 to be achieved but in the ease of a new .....Tag this Judgment!
Court : Mumbai
Reported in : 148STC92(Bom)
..... the execution of the works contract, notwithstanding that the value may represent a small percentage of the amount paid for the execution of the works contract.27. applying the said rationale, the contention about the use of paper and ink being incidental or accessory to the execution of the works contract cannot be sustained. the value of the goods transferred is ..... the said judgment dealt with the customs act, 1962 and would hence not apply to the present case.26. we do not agree with this contention. in our opinion the rationale behind the forty-sixth amendment of the constitution of india was effectively exemplified in the acc case  124 stc 59 and it would be binding inasmuch as the said .....Tag this Judgment!
Court : Karnataka
Reported in : (1994)121CTR(Kar)164; 210ITR526(KAR); 210ITR526(Karn)
..... reason of the laying procedure adopted as contemplated under section 295 of the act, still it has got to conform to the provisions of article 14 of the constitution. no rationale is available as to why the rule 'before the end of the previous year' is insisted upon to claim deduction under the said rule when such condition is not imposed .....Tag this Judgment!
Court : Karnataka
Reported in : (2001)166CTR(Kar)148; 247ITR333(KAR); 247ITR333(Karn); 115TAXMAN27(Kar)
..... that section 64(2)(ii) seeks to discriminate against persons who have been searched, by differentiating them from persons who have not been searched and such differentiation has neither any rationale, nor any nexus to the object sought to be achieved, which is to mobilise resources and channelise funds into priority sectors of the economy and to afford an opportunity to ..... madras v. p. r. sriramulu, air 1996 sc 676, a large discretion in the legislature is recognised by courts in making such laws. it cannot be said that there isno rationale in differentiating between persons who have been searched on the basis of some information regarding concealment of income and persons who have not been searched. to find out whether the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2003(6)ALD803; 2003(6)ALT614
..... government at this juncture regarding the vacancies that ought to have been filled through direct recruitment in various other categories of posts, we expect the government to act with due rationale and take up the recruitment process at the earliest after the surplus manpower is adjusted, if not already adjusted and in case, if it is already adjusted, notify the balance ..... the matter at length disposed of the o.a. nos. 7443 of 2000 and batch by a common order dated 21-11-2001 directing the government to act with due rationale and take up the recruitment process at the earliest after the surplus manpower is adjusted, if not already adjusted and in case, if it is already adjusted, notify the balance .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : (2006)143PLR590
..... airways. in this modern age of computerization, even otherwise, journeys by airlines, even belonging to private companies, can be very well verified. we are at a loss to understand the rationale of denying ltc concession on the ground that journeys undertaken by private airlines are not recognized. is govt. of india trying to promote monopoly of an airline which is called ..... . once it is accepted that private airlines are offering same quality of service, if not better service than the national airlines and at more competitive fares, there would be no rationale in limiting the air travel of the employees to national carriers. in our opinion, such a clause would be clearly violative of article 14 of the constitution of india. there .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC1325
..... made manifest by experience and that its discriminations are based on adequate grounds.' sarkaria, j. has pointed out in the majority judgment that underlying this presumption of constitutionality 'is the rationale of judicial restraint, a recognition of the limits of judicial review, a respect for the boundaries of legislative and judicial functions and the judicial responsibility to guard the trespass from ..... supporting one view or the other that these should be particularly on a sensitive issue like this, but what is necessary is to examine objectively and critically the logic and rationale behind these observations and to determine for ourselves which observations represent the correct view that should find acceptance with us. the majority judges speaking through sarkaria, j. have relied upon .....Tag this Judgment!