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Judgment Search Results Home > Cases Phrase: rationale Sorted by: recent Page 1 of about 52,962 results (0.025 seconds)

May 10 2019 (SC)

b.k. Pavitra Vs. Union of India

Court : Supreme Court of India

..... may be rewarded for the good they do, and a system of remunerating the activities that generate good consequences would, it is presumed, tend to produce a better society. the rationale of incentive structures may be more complex than this simple statement suggests, but the idea of merit in this instrumental perspective relates to the motivation of producing better results. in ..... of overcoming these inequalities is reservations for the scs and sts in the legislatures and state services. therefore, for the members of the constituent assembly who supported reservations, a key rationale for incorporating reservations for scs and sts in the constitution was the existence of inequalities in society based on discrimination and prejudice within the caste structure. this is evidenced by ..... entrusted with the constitutional duty to 114 supra 13 at page 728 94 protect social welfare. this court explained in amalgamated tea estates co ltd v state of kerala115, the rationale for the principles of constitutionality: part e ?11.the reason why a statute is presumed to be constitutional is that the legislature is the best judge of the local conditions .....

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May 10 2019 (SC)

Dlf Homes Panchkula Pvt. Ltd. Vs. d.s. Dhanda Etc. Etc.

Court : Supreme Court of India

..... endorsing the award of interest from the said milestone date. here we may however add that the rate of interest also cannot be arbitrary or whimsical, some reasonable and acceptable rationale has to be 4 evident, subjectivity has to be minimized, a logical correlation has to be established. albeit detailed arithmetic or algebra is not required. logical (to the extent feasible .....

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May 08 2019 (SC)

Ssangyong Engineering and Construction Co. Ltd Vs. National Highways A ...

Court : Supreme Court of India

..... article 34(2)(a)(iii) and parallel provisions of other national arbitration legislation is a tribunal s award of relief that neither party requested. a french appellate decision explained the rationale for these limits on the arbitrators authority (which, in this respect, are more rigorous under french law than some other 61 national arbitration regimes) as follows [judgment of 30 june .....

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Apr 30 2019 (SC)

Jk Jute Mill Mazdoor Morcha Vs. Juggilal Kamlapat Jute Mills Company L ...

Court : Supreme Court of India

..... , 1956 the trade union would certainly be competent to present a winding up petition. 8. no doubt, this judgment was in the context of a winding up petition, but the rationale based upon section 15(c) and (d) equally applies to a petition filed under the code.9. however, learned counsel appearing on behalf of respondent no.1 have cited the .....

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Apr 22 2019 (SC)

Naresh Chandra Bhardwaj Vs. Bank of India

Court : Supreme Court of India

..... service for all the three officers, in respect of other two officers it was converted into compulsory retirement while 7 not doing so in the case of the appellant. the rationale is stated to be the seriousness of the acts of misconduct of the appellant and the fact that he was the recommending authority in two cases and the sanctioning authority .....

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Mar 27 2019 (SC)

Bajaj Auto Limited Vs. Union of India

Court : Supreme Court of India

..... exemption notifications, like the one in question must be read in a manner that give them a liberal interpretation, provided that no violence is done to the language employed. the rationale for the same is well enunciated in novopan india ltd., hyderabad v. cce and customs, hyderabad,5 apart from in other judicial pronouncements. in such cases, it is not as ..... . we may notice that this court, in srd nutrients pvt. ltd.9 gave its imprimatur to the view expressed by the rajasthan high court in banswara syntex ltd.10 the rationale is that while there may be surcharges under 6 (1990) 4 scc2567 (supra) 8 (supra) 9 (supra) 10 (supra) 12 different financial enactments to provide the government with revenue for ..... duty, even if it is levied on the product. thus, when nccd, at the time of collection, takes the character of a duty on the product, whatever may be the rationale behind it, it is also subject to the provisions relating to excise duty, applicable to it in the manner of collection as well as the obligation of the taxpayer to .....

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Mar 12 2019 (SC)

A.rajagopalan Vs. dist.collector.thiruchirapalli Dis.&ors

Court : Supreme Court of India

..... :- the supreme court in paras (25) and (26) in rathinaswami held that whether graduate degree is a sufficient basis for classification vis- -vis non- graduates and whether such classification has rationale relation to the nature of duties of a deputy tahsildar is for the state of tamil nadu to decide and only executive authorities have expertise in administrative matters and it .....

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Mar 05 2019 (SC)

Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende

Court : Supreme Court of India

..... principles evolved to control the extent of reservation. 41 the validity of clause (4a) and (4b) of article 16 has been upheld by the constitution bench in nagaraj on the rationale that they retain the controlling factors or the compelling reasons, namely, backwardness and inadequacy of representation which enables the states to provide for reservation keeping in mind the overall efficiency .....

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Mar 01 2019 (SC)

Lt. Gen. Ravi Dastane Avsm Vsm Vs. Union of India Ministry of Defence ...

Court : Supreme Court of India

..... of an army commander should not be made on the basis of selection but on the basis of seniority alone was reversed by this court. 9 19 based on the rationale that the post is a selection post, the appellant assails the decision to appoint the third and fourth respondents as army commanders on the ground that it was taken exclusively .....

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Feb 14 2019 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... difference must meet the concept of constitutional trust reposed in the authority and there has to be objective assessment of the decision that is sent for communication and further the rationale of difference of opinion should be demonstrable and it should contain sound reason. there should not be exposition of the phenomenon of an obstructionist but reflection of the philosophy ..... underlying national governance. the circumstances pertaining to the governance of the nct may have a direct and immediate impact upon the collective welfare of the nation. this 117 is the rationale for exclusion of the subjects of police, public order and land from the legislative power and necessarily from the executive power of the nct... (paragraph 55) xx xx xx ..... be vested solely in the central government so that there is no confusion or overlap of the jurisdiction in regard to the focal point of control and coordination . this rationale behind the aforesaid exclusion directly flows from the unique position occupied by the nctd as the nation s capital and seat of the central government.113) also, the opinion ..... refer every decision of the council of ministers to the president. 284.19. the difference of opinion between the lieutenant governor and the council of ministers should have a sound rationale and there should not be exposition of the phenomenon of an obstructionist but reflection of the philosophy of affirmative constructionism and profound sagacity and judiciousness. 284.20. the transaction .....

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