Court : US Supreme Court
Decided on : Feb-02-1970
..... than through the verdict of a jury in a court of common law." id. at 240 u. s. 28 -29. although the decision had obvious seventh amendment overtones, its ultimate rationale was grounded in the antitrust laws. [ footnote 6 ] where penal damages were not involved, however, there was no authoritative parallel to fleitmann in the federal system squarely passing on the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-17-1970
Reported in : (1972)ILLJ130Bom
..... 2 1/2 to 3 per cent. the contractors, we assume, have long experience of this industry and they know what is sub-standard beedi. we do not find such rationale for the full 5 per cent chhat. if the experience collected as any guide, the outer limit of 5 per cent appears to be fairly reasonable limit and we do .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-27-1970
Reported in : AIR1971Bom277; (1971)73BOMLR352; ILR1971Bom654; 1970MhLJ648
..... be in a position to exercise the right of challenging the validity of the election under section 15 of the act. that, according to mr. madkholkar, appears to be a rationale of framing rule 36. he says that the publication of the results in the village takes place on two different occasions. the first occasion is provided by rule 36 when .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Nov-13-1970
Reported in : AIR1971AP382
..... civil court, whereas the impugned act expressly provides resort to a civil court by any party aggrieved by the action taken under the special enactment. it is urged that the rationale of the decision of the supreme court is founded on the drastic effect of the punjab act which precludes a challenge of the merits of the executive action and decision .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-13-1970
Reported in : AIR1971AP296
..... would apply to the case of a consent decree like the decree. which was the foundation of the plaintiff's claim in that suit. it is difficult to understand the rationale of this distinction. whether it is a consent decree or one made or one passed on the adjudication by the court in either case, the question is whether its effect .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-10-1970
Reported in : AIR1970SC564; 40CompCas325(SC); (1970)1SCC248; 3SCR530
..... owner; it is because the acquisition imposes a permissible restriction on the right of the owner of the property compulsorily acquired.70. we have found it necessary to examine the rationale of the two lines of authority and determine whether there is anything in the constitution which justifies this apparently inconsistent development of the law. in our judgment, the assumption in .....Tag this Judgment!
Court : Delhi
Decided on : Jan-01-1970
Reported in : 231ITR318(Delhi); 97TAXMAN144(Delhi)
..... in cwp no. 5220 of 1993 referred to above, deferment period of 6 years was applied and in this case deferment period of 5 years was applied. what is the rationale, we do not know. these matters cannot be left to the undisclosed, unguided and uncontrolled discretion of the authority. i am also unable to appreciate the contention that the valuation .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-19-1970
Reported in : AIR1971Raj237
..... in the alternative that he had acquired a right of way by prescription through the 'tibara'. it is submitted that the learned senior civil judge did not correctly appreciate the rationale of the decision in kesardeo v. nathmal, air 1966 bom 266, and that the principle laid down in magniram v. rustam, 1961 raj lw 213, and sayrabai v. ahmedji, air .....Tag this Judgment!
Court : Chennai
Decided on : Jul-14-1970
Reported in : (1970)2MLJ552
..... to day, then a fresh offence is committed on every day on which the act of omission continues.justice sadasivan of the kerala high court has approved and followed the rationale of these two decisions. applying this test, there is no difficulty in holding that the respondent-accused was committing a ' continuing offence' from 13th april, 1967, the date of the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1970
Reported in : AIR1971Cal163,75CWN106
..... law to debar it from evidence inasmuch as section 48 was not attracted to a document required to be registered under the bengal agricultural debtors act. this is also the rationale upon which the division bench in : air1956cal350 , (guha and p. n. mookerjee, jj.) expressed the view that the document which was required to be registered under section 52 of the .....Tag this Judgment!