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Judgment Search Results Home > Cases Phrase: rationale Page 8 of about 52,848 results (0.032 seconds)

Aug 16 1982 (SC)

Bachan Singh, Sher Singh and anr. and Ujagar Singh and anr. Vs. State ...

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 .....

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Jan 24 2006 (SC)

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... order nisi to find the action is wholly irrelevant or bears no nexus between purpose of the action and the satisfaction reached by the president or does not bear any rationale to the proximate purpose of the proclamation. in that event, the court may declare that the satisfaction reached by the president was either on wholly irrelevant grounds or colourable exercise ..... fathers may be noted.98. articles 355 and 356 of the constitution set the tenor for the precedence of the union over the states. it has been explained that the rationale for introducing article 355 was to distinctly demarcate the functioning of the state and union governments and to prevent any form of unprincipled invasions by the union into the affairs .....

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Apr 06 1989 (SC)

V. Markendeya and ors. Vs. State of Andhra Pradesh and ors.

Court : Supreme Court of India

Reported in : AIR1989SC1308; [1989(58)FLR871]; JT1989(2)SC108; 1989LabIC1556; (1989)IILLJ169SC; 1989(1)SCALE860; (1989)3SCC191; [1989]2SCR422; 1989(3)SLJ34(SC)

..... the constitution, and the court will strike down the discrimination and grant relief to the aggrieved employees, but before such relief is granted the court must consider and analyse the rationale behind the state action in prescribing two different scales of pay. if on an analysis of the relevant rules, orders, nature of duties, functions, measure of responsibility, and educational qualifications ..... court granted relief, after recording findings that the aggrieved employees were discriminated in violation of the equality clause under articles 14 and 16 of the constitution, without there being any rationale for the classification.11. in a number of decisions of this court the claim for equal pay for equal work has been negatived on the ground that the different pay .....

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Apr 16 2008 (SC)

Satyawati Sharma (Dead) by Lrs. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37

..... validity of such legislation may have been upheld at a given point of time, the court may, in subsequent litigation, strike down the same if it is found that the rationale of classification has become non-existent. in state of madhya pradesh v. bhopal sugar industries : [1964]52itr443(sc) , this court while dealing with a question whether geographical classification due to ..... provision cannot be treated intra vires article 14 of the constitution by applying any rational criteria. 29. it is trite to say that legislation which may be quite reasonable and rationale at the time of its enactment may with the lapse of time and/or due to change of circumstances become arbitrary, unreasonable and violative of the doctrine of equity and .....

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Jan 24 2002 (HC)

M.L. Khan and Co. Vs. Union of India and ors.

Court : Delhi

Reported in : 96(2002)DLT837; 2002(62)DRJ34

..... made is two-fold. one is for ex-serviceman as officers, who are proprietors/owners to manage the agency, secondly the agency must employ 90% ex-servicemen. there is no rationale or basis to quash the reservation in respect of officers. this challenge has to fail. 7. writ petitions stand disposed of in the above terms.

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Mar 08 2002 (HC)

Rakeshwar Verma and ors. Vs. Indian Council of Agricultural Resch. and ...

Court : Delhi

Reported in : 2002IIIAD(Delhi)1009; 98(2002)DLT1; 2002(63)DRJ389

..... the aforesaid decision of the supreme court it is not open to the petitioners to urge that the classification based on qualification is discriminatory and is not based on any rationale basis. learned counsel appearing for the petitioner has invited our attention to the judgment of the supreme court in r.l. bansal and others v. union of india and others .....

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Sep 28 1999 (HC)

Kulvinder Singh Sethi Vs. Punjab and Sind Bank

Court : Delhi

Reported in : 1999VIAD(Delhi)407; 82(1999)DLT617; 1999(51)DRJ406

..... to officers who shoulder higher responsibility and take part in alround development of the bank. if majority of the officers are happy with this provision of promotion policy and once rationale is found in such provision, challenge to the same by the petitioner, representing minority unions, has to fail. as noticed above, petitioners own union had mooted the idea of giving .....

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Aug 05 2004 (HC)

Suman Lata Yadav Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 113(2004)DLT152; 2004(76)DRJ139; (2004)138PLR28

..... there being double jeopardy as it cannot be equated with denial of a benefit, especially when it is a question of receiving financial benefits. he supported the policy as a rationale one of denying the benefit of compassionate appointment to lrs of those who either have misconducted, embezzled money or otherwise were found guilty and punished in disciplinary proceedings. 8. in ..... and received the punishment by means of stoppage of increments and warning etc. the consequences should not re-visit the lrs since it would amount to punishment twice over.(ii) rationale of the central government scheme as well as the bank's own scheme envisages appointment on compassionate ground as means of providing succour and immediate relief to the bereaved family .....

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Jul 11 2008 (HC)

Pemba T. Bhutia Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : 152(2008)DLT500

..... 5(b) and (c) of the advertisement in respect of candidates who had acquired m.phil degree or submitted the ph.d thesis are totally unjust and based on no rationale, inasmuch as, it amounts to creation on an artificial class amongst the eligible candidates though similarly situated, i.e., having obtained m.phil degree after 31-12- 1992, or having ..... , and those who had been allocated to group `a' service/post as a result of the earlier cse, were allowed to jump to ias, ifs and ips services/posts. the rationale behind the unamended rule 18, it appears, was that the candidate should make a substantial improvement to be able to move on to a different level of services/posts and .....

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Oct 03 2001 (HC)

Ram Dhari Singh and ors. Vs. Delhi Vidyut Board

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 .....

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