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Judgment Search Results Home > Cases Phrase: rationale Year: 1973 Page 1 of about 241 results (0.008 seconds)

May 25 1973 (HC)

The Indore Malwa United Mills Ltd. and ors. Vs. Union of India and ors ...

Court : Delhi

Decided on : May-25-1973

Reported in : ILR1974Delhi311

..... only manner in which the mill could continue to function would be if the extensive support was given by the state government. thus a situation had developed where the very rationale for the existence of private management had failed. the much vaunted claim of the private entrepreneur that its existence is necessary to raise untapped resources in the market by his ..... act. 1969 imposing cess on residential buildings in the city of bombay was challenged. challenge was made to the act on the ground that there was no classification and no rationale in dividing the residential and non-residential buildings as a number of buildings falling in both groups had been found to be in imminent dangerous condition and posed the problem .....

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Jan 05 1973 (HC)

Muhamed HussaIn Mohideen Madani Vs. Muhammed ImmamudhIn Sahib and ors.

Court : Chennai

Decided on : Jan-05-1973

Reported in : AIR1974Mad73

..... that possession must relate to the property which was dealt with by the order made by the court under order 21, rule 98 or rule 101, c.p.c. the rationale behind these provisions is that once the question has been agitated and decided on investigation by the executing court, that decision should be final, unless a suit has been filed .....

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May 21 1973 (FN)

Hall Vs. Cole

Court : US Supreme Court

Decided on : May-21-1973

..... of representatives, and because many sections contain calculated ambiguities or political compromises . . . , the courts would be well advised to seek out the underlying rationale without placing great emphasis upon close construction of the words," cox, internal affairs of labor unions under the labor reform act of 1959, 58 mich.l. ..... 2d 852 (ca1 1972); lee v. southern home sites corp., 444 f.2d 143 (ca5 1971). in light of our conclusion with respect to the "common benefit" rationale, however, we have no occasion to consider that question. [ footnote 8 ] mills v. electric auto-lite co., supra, at 396 u. s. 392 , quoting ..... which the beneficiaries eventually would recover. finally, in mills v. electric auto-lite co., 396 u. s. 375 (1970), we held that the rationale of these cases must logically extend not only to litigation that confers a monetary benefit on others, but also to litigation " which corrects or prevents ..... s. 116 (1885); trustees v. greenough, 105 u. s. 527 (1882). in sprague v. ticonic national bank, 307 u. s. 161 (1939), the rationale of these cases was extended to authorize an award of attorneys' fees to a successful plaintiff who, although suing on her own behalf, rather than as representative of ..... .2d 494 (ca4 1963); rolax v. atlantic coast line r. co., 186 f.2d 473 (ca4 1951). in this class of cases, the underlying rationale of "fee-shifting" is, of course, punitive, and the essential element in triggering the award of fees is therefore the existence of "bad faith" on .....

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Dec 11 1973 (FN)

United States Vs. Robinson

Court : US Supreme Court

Decided on : Dec-11-1973

..... clubs, or other hidden instruments for the assault of the police officer." terry v. ohio, supra, at 392 u. s. 29 . since the underlying rationale of a terry search and the search of a traffic violator are identical, the court of appeals held that the scope of the searches must be the same. ..... when effecting an in-custody arrest of a traffic offender, to make a fuller search of the person than is permitted pursuant to terry. the underlying rationale of a search incident to arrest of a traffic offender initially suggests as reasonable a search whose scope is similar to the protective weapons frisk permitted in ..... -1669, gustafson v. florida, post, p. 414 u. s. 260 . [ footnote 2/1 ] the court of appeals for the ninth circuit aptly stated this rationale in charles v. united states, 278 f.2d 386, 388-389 (1960): "power over the body of the accused is the essence of his arrest; the two cannot ..... this seems to me the reason that a valid arrest justifies a full search of the person, even if that search is not narrowly limited by the twin rationales of seizing evidence and disarming the arrestee. [ footnote 2/1 ] the search incident to arrest page 414 u. s. 238 is reasonable under the fourth ..... in this case, then, is the removal of weapons which the arrestee might use to harm the officer and attempt an escape. this rationale, of course, is identical to the rationale of the search permitted in terry. as we said there, "the sole justification of the search in the present situation is the protection .....

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Jun 21 1973 (FN)

Paris Adult theatre I Vs. Slaton

Court : US Supreme Court

Decided on : Jun-21-1973

..... to legislation, adjudication by other courts, and primary conduct. by disposing of cases through summary reversal or denial of certiorari, we have deliberately and effectively obscured the rationale underlying the decisions. it comes as no surprise that judicial attempts to follow our lead conscientiously have often ended in hopeless confusion. of course, the vagueness problem would ..... determine for itself whether the attacked expression is suppressable within constitutional standards." roth, supra, at 354 u. s. 497 (separate opinion of harlan, j.). examining the rationale, both explicit and implicit, of our vagueness decisions, one commentator has viewed these decisions as an attempt by the court to establish an "insulating buffer zone of added ..... determination by this court seems to render superfluous even the most conscientious analysis by state tribunals. and our inability to justify our decisions with a persuasive rationale -- or indeed, any rationale at all -- necessarily creates the impression that we are merely second-guessing state court judges. the severe problems arising from the lack of fair notice, ..... warrant constitutional protection. that result is not merely inconsistent with our holding in roth; it is nothing less than a rejection of the fundamental first amendment premises and rationale of the roth opinion and an invitation to widespread suppression of sexually oriented speech. before today, the protections of the first amendment have never been thought limited .....

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Sep 26 1973 (HC)

Richardson and Cruddas (1972) Limited Vs. Additional Labour Court and ...

Court : Chennai

Decided on : Sep-26-1973

Reported in : (1974)IILLJ341Mad

..... aside the order of the labour court. in air india corporation, bombay v. v.a. robella (supra) the supreme court has laid down the following rationale at page 449:.once bona fide loss of confidence is affirmed, the impugned order must be considered to be immune from challenge. the opinion formed by ..... not entail reposing of confidence in that person ?in workmen of sudder office, cinnamara v. management (supra) the supreme court has laid down the following rationale at page 154:though, prima facie, it may appear that the management in this case was charging the workman in respect of a matter which may ..... it was a case where the tribunal had exercised its discretion. in francis klein & co. (p.) ltd. v. their workmen, (supra) the following rationale is found at pages 188-189:in our view, when an employer loset confidence in his employee, particularly in respect of a person who is discharging an office ..... punishment of discharge is out of proportion to the trivial infraction of law on the part of pitchamani.8. the learned counsel for the petitioner relied on the rationale extracted in the following cases. in ananda bazar patrika (pvt.) ltd. v. their employees, (supra), the supreme court has observed as follows (at ..... about rs. 3 1/2 or rs. 4. this aspect of the value has not been controverted by the petitioner. the second respondent relied on the rationale found in the decision in western india match co. ltd. v. industrial tribunal (1973) 26 f.l.r. 349 and contended that the offence committed .....

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Jun 21 1973 (FN)

Keyes Vs. School Dist. No. 1

Court : US Supreme Court

Decided on : Jun-21-1973

..... in this case or lead to a rational, coherent national policy. the court has chosen, rather, to adhere to the de facto/de jure distinction under circumstances, and upon a rationale, which can only lead to increased and inconclusive litigation, and -- especially regrettable -- to deferment of a nationally consistent judicial position on this subject. there is, of course, state ..... principles" which include the "adjusting and reconciling [of] public and private needs," brown ii, 349 u.s. at 349 u. s. 300 . i urge a return to this rationale. this would result, as emphasized above, in no prohibition on court-ordered student transportation in furtherance of desegregation. but it would require that the legitimate community interests in neighborhood school ..... in the rest of the country. as the remedial obligations of swann extend far beyond the elimination of the outgrowths of the state-imposed segregation outlawed in brown, the rationale of swann points inevitably toward a uniform, constitutional approach to our national problem of school segregation. ii the court's decision today, while adhering to the de jure/de ..... 347 u. s. 483 (1954) ( brown i ), was decided, the distinction between page 413 u. s. 220 de jure and de facto segregation was consistent with the limited constitutional rationale of that case. the situation confronting the court, largely confined to the southern states, was officially imposed racial segregation in the schools extending back for many years and usually embodied .....

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Feb 21 1973 (FN)

Chambers Vs. Mississippi

Court : US Supreme Court

Decided on : Feb-21-1973

..... is likely to be trustworthy have long existed. the testimony rejected by the trial court here bore persuasive assurances of trustworthiness, and thus was well within the basic rationale of the exception for declarations against interest. that testimony also was critical to chambers' defense. in these circumstances, where constitutional rights directly affecting the ascertainment of guilt are ..... revolver and subsequent purchase of a new weapon. the sheer number of independent confessions provided additional corroboration for each. third, whatever may be the parameters of the penal interest rationale, [ footnote 20 ] each page 410 u. s. 301 confession here was in a very real sense self-incriminatory and unquestionably against interest. see united states v. ..... 410 u. s. 300 criminal activity are often motivated by extraneous considerations and, therefore, are not as inherently reliable as statements against pecuniary or proprietary interest. while that rationale has been the subject of considerable scholarly criticism, [ footnote 19 ] we need not decide in this case whether, under other circumstances, it might serve some valid state ..... three prior oral confessions and from challenging the renunciation of the written confession. in this court, mississippi has not sought to defend the rule or explain its underlying rationale. nor has it contended that its rule should override the accused's right of confrontation. instead, it argues that there is no incompatability between the rule and .....

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May 29 1973 (FN)

Schneckloth Vs. Bustamonte

Court : US Supreme Court

Decided on : May-29-1973

..... v. united states, 255 u. s. 313 (1921), johnson v. united states, 333 u. s. 10 (1948), and bumper v. north carolina, 391 u. s. 543 (1968). that an alternative rationale might have been used in those cases seems to me irrelevant. [ footnote 3/9 ] see, e.g., coolidge v. new hampshire, 403 u. s. 443 (1971); chimel v. california, 395 ..... ] amsterdam, search, seizure, and section 2255: a comment, 112 u.pa.l.rev. 378, 383-384 (1964). the article addresses the problem of collateral relief for federal prisoners, but its rationale applies forcefully to federal habeas for state prisoners as well. [ footnote 2/17 ] mr. justice harlan put it very well: "both the individual criminal defendant and society have an interest ..... exclusion of illegally seized evidence is simply a prophylactic device intended generally to deter fourth amendment violations by law enforcement officers." id. at 394 u. s. 224 . in rejecting this rationale, the court noted that, under prior decisions, "the federal habeas remedy extends to state prisoners alleging that unconstitutionally obtained evidence was admitted against them at trial," [ footnote 2/1 ] and ..... considered that claims of unlawful search and seizure " are not proper matters to be presented by a motion to vacate sentence under 2255. . . .'" id. at 394 u. s. 220 . the rationale of this view was fairly summarized by the court: "the denial of fourth amendment protection against unreasonable searches and seizures, the government's page 412 u. s. 251 argument runs .....

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Jun 25 1973 (FN)

Sugarman Vs. Dougall

Court : US Supreme Court

Decided on : Jun-25-1973

..... is not irrational for new york to provide that only citizens should be admitted to the competitive civil service. but the justification of efficient government is an even more convincing rationale. native-born citizens can be expected to be familiar with the social and political institutions of our society; with the society and political mores that affect how we react and ..... . this rationale would appear to be similar to that utilized in weber v. aetna casualty & surety co., 406 u. s. 164 (1972), in which the court cited, without discussion, graham. id. at ..... from the "majority." i cannot find, and the court does not cite, any constitutional authority for such a "ward of the court" approach to equal protection. the only other apparent rationale for the invocation of the "suspect classification" approach in these cases is that alienage is a "status," and the court does not feel it "appropriate" to classify on that basis ..... of hiring and training replacements. even if we could accept the premise underlying this argument -- that aliens are more likely to leave their work than citizens -- and assuming that this rationale could be logically confined to the classified competitive civil service, the state's suggestion does not withstand examination. as we stated in graham, noting the general identity of an alien .....

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