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Judgment Search Results Home > Cases Phrase: rationale Sorted by: recent Year: 1999 Page 5 of about 477 results (0.016 seconds)

Sep 15 1999 (TRI)

New Vijay Agency Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Madras

Decided on : Sep-15-1999

Reported in : (2000)74ITD504(Mad.)

..... ) is a rule of evidence. presumptions which are rebuttable in nature are available to be drawn. the initial burden of discharging the onus of rebuttal is on the assessee. the rationale behind this view is that the basic facts are within the special knowledge of the assessee. sec. 106 of the indian evidence act, 1872, gives statutory recognition to this universally .....

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Sep 15 1999 (HC)

New Vijay Agency Vs. Assistant Commissioner of Income Tax

Court : Chennai

Decided on : Sep-15-1999

Reported in : [2001]74ITD504(Mad)

..... ) and, is a rule of evidence. presumptions which are rebuttable in nature available to be drawn. the initial burden of discharging the onus of rebuttal is on the assessee. the rationale behind this view is that the basic facts are within the special knowledge of the assessee. section 106 of the indian evidence act, 1872, gives statutory recognition to this universally .....

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Sep 14 1999 (HC)

B.K. Parthasarathi Vs. Government of A.P. and Others

Court : Andhra Pradesh

Decided on : Sep-14-1999

Reported in : 2000(1)ALD199; 1999(5)ALT715

..... , the supreme court invalidated a statute whih prohibited the distribution of contraceptives to unmarried persons on the ground that it violated the equal protection clause as the court found no rationale or legitimate distinction between use of contraceptives by married or unmarried persons.18. in roe v. wade, 410 us 113, the court held that the right to have an abortion .....

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Sep 14 1999 (SC)

Shamnsaheb M. Multtani Vs. State of Karnataka

Court : Supreme Court of India

Decided on : Sep-14-1999

Reported in : 2001ALLMR(Cri)997(SC); (2001)2SCC577

..... of this court (m.k. mukherjee and s.p. kurdukar, jj.) has held in sangaraboina sreenu v. state of a.p.2 that it is impermissible to do so. the rationale advanced by the bench for the above position is this:(scc p. 348, para 2) it is true that section 222 crpc entitles a court to convict a person of .....

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Sep 08 1999 (HC)

Dharam Pal Vs. State of Haryana

Court : Punjab and Haryana

Decided on : Sep-08-1999

Reported in : I(2000)DMC258

..... in cases where the very grant of bail is forbidden by law. we are cognisant of the fact that the time-frame looked at in isolation can have no obvious rationale but it stems from an attempt to balance the interest of the prisoners with the interest of the state and the complainant. we also find precedent for our view from ..... within i reasonable distance of time, so that if he is ultimately found to be innocent, he would not have to remain in jail for an unduly long period. the rationale of this practice can have no application where the court is not in a position to dispose of the appeal for five or six years. it would, indeed, be travesty .....

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Sep 07 1999 (HC)

Jossy Kondody Vs. Chacko Thomas

Court : Kerala

Decided on : Sep-07-1999

Reported in : 2000(1)ALT(Cri)43; 1999CriLJ4707

..... 845, this court has held that 'when judgments of superior courts are of co-equal benches, and therefore, a matching authority, then their weight inevitably must be considered by the rationale and the logic thereof and not by the mere fortuitous circumstances of the time and date on which they were rendered'.12. a full bench of the allahabad high court .....

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Sep 06 1999 (HC)

Bkst Labour and Construction Coop. Society Ltd. Vs. Govt. of Nct of De ...

Court : Delhi

Decided on : Sep-06-1999

Reported in : 1999VAD(Delhi)699; AIR2000Delhi193

..... contended that there was a change in the policy in inviting the tenders for the current period, the respondent corporation submits that the policy and decision to invite tenders is rationale, reasonable, equitable and in public interest being with the sole intention of getting the best at the best rate for the public at large. it is not open to the .....

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Aug 31 1999 (HC)

K.L. Varadarajan Vs. Official Liquidator Representing as Liquidator fo ...

Court : Andhra Pradesh

Decided on : Aug-31-1999

Reported in : (2000)1CompLJ196(AP)

..... for granting leave to stay out of liquidation considering the facts and circumstances of each case and while exercising its power, the company court should also bear in mind the rationale behind the enactment of the act, 1993. the company court should impose reasonable terms while granting leave to the secured creditors to stay out of the liquidation proceedings. it should ..... regard has to depend on the facts and circumstances of each case. while exercising this power, we have no doubt that the company court would also bear in mind the rationale behind the enactment of recovery of debts due to the banks and financial institutions act, 1993, to which reference has been made above. we make the same observation regarding the .....

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Aug 30 1999 (HC)

Kailash Nath Singhal Vs. Union of India and Others

Court : Delhi

Decided on : Aug-30-1999

Reported in : 2000IAD(Delhi)796

..... ) of sec- corporation 19 of the banking companies (acquisition and transfer of undertakings) act, 1970 ; that regulation 33(1) arbitrarily provides a cut-off date 1.11.1993 without any rationale; that the petitioner retired from service keeping in view regulation 19(1) of service regulations, 1979; that since the petitioner was retired from service, keeping in view above provision, he ..... pension on superannuation on that date.' in the submission of the petitioner the above regulation is arbitrary inasmuch as it provides a cut off date 1.11.1993 without any rationale. in the case of state of rajasthan & another vs . amrit lal gandhi & others : [1997]1scr121 considering the facts that pursuant to the recommendations made in 1996 by a committee, appointed ..... 1995, were given the bene- fit by making the said provision prospective in effect as the settlement/understanding was signed/arrived on 29.10.1993 (emphasis sup- plied). so the rationale behind fixing the cut-off date 1.11.1993 is the signing of settlement/understanding on 29.10.1993. thus, fixing of cut off date of 1.11.1993 following .....

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Aug 27 1999 (HC)

Tirumala Tirupathi Devasthanam, Tirupathi and Another Vs. K. Subbarayu ...

Court : Andhra Pradesh

Decided on : Aug-27-1999

Reported in : 1999(6)ALD463

..... outside the award or outside whatever may be said about it in the award. the ambiguity of the award can, in such cases, be resolved by admitting extrinsic evidence. the rationale of this rule is that the nature of the dispute is something which has to be determined outside and independent of what appears in the award. such jurisdictional error needs .....

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