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Judgment Search Results Home > Cases Phrase: rationale Year: 1980 Page 1 of about 284 results (0.007 seconds)

Apr 25 1980 (HC)

Paradise Printers, Chandigarh and ors. Vs. the Union Territory, Chandi ...

Court : Punjab and Haryana

Decided on : Apr-25-1980

Reported in : AIR1981P& H30

..... larger number of persons running printing presses would be able to carry on their business in the industrial area to cater to the needs of chandigarh town. there is a rationale in revising the policy to this extent and is fully saved by the dictum of the supreme court in ramana dayaram shetty's case (air 1979 sc 1628)(supra). therefore ..... a month or so, we have no doubt that the petitioners would have been asked to pay at the rate of rs. 15/- per square yard. therefore, there is no rationale in demanding higher price from the petitioners and this action is clearly arbitrary, in view of the observation quoted above from ramana dayaram shetty's case (air 1979 sc 1628 .....

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Apr 29 1980 (HC)

Jaimal Singh Vs. Shiromani Gurdwara Parbandhak Committee, Amritsar and ...

Court : Punjab and Haryana

Decided on : Apr-29-1980

Reported in : AIR1988P& H299

..... would have debarred the jurisdiction of the commission to go into the matter.....' 8. learned counsel for the appellant here in signally failed in levelling any meaningful criticism to the rationale and the ratio of the aforesaid decision. indeed even though repeatedly pressed, mr. shant was unable to concretise any alleged error or fallacy in the said judgment. nor was any .....

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Jul 02 1980 (FN)

indus. Union Dept. Vs. Amer. Petroleum Inst.

Court : US Supreme Court

Decided on : Jul-02-1980

..... (citation omitted), by considering the proper factors and weighing them in a reasonable manner. there is also room for especially rigorous judicial scrutiny of agency decisions under a rationale akin to that offered in united states v. carolene products co., 304 u. s. 144 , 304 u. s. 152 , n. 4 (1938). see ..... it relied, instead, on the particular facts concerning benzene. with all due respect, we disagree with mr. justice marshall's interpretation of the agency's rationale for its decision. after hearing the evidence, the agency relied on the same policy view it had stated at the outset, see supra at 448 u ..... or less benzene were used. after a year, this exclusion was to be narrowed to operations where 0.1% benzene solutions were used. the rationale for the exclusion was that airborne exposures from such liquids would generally be within the 1 ppm limit. however, testimony at the hearing on the ..... findings. [ footnote 30 ] page 448 u. s. 631 any discussion of the 1 ppm exposure limit must, of course, begin with the agency's rationale for imposing that limit. [ footnote 31 ] the written explanation of the standard fills 14 pages of the printed appendix. much of it is devoted to ..... of first impression, we have reviewed the record with special care. in this opinion, we (1) describe the benzene standard, (2) analyze the agency's rationale for imposing a 1 ppm exposure limit, (3) discuss the controlling legal issues, and (4) comment briefly on the dermal contact limitation. i benzene is .....

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Jun 27 1980 (FN)

Thomas Vs. Washington Gas Light Co.

Court : US Supreme Court

Decided on : Jun-27-1980

..... much further. if the employer had exercised its statutory right of appeal to the supreme court of virginia and that court upheld the award, i presume that the plurality's rationale would nevertheless permit a subsequent award in the district of columbia. otherwise, employers interested in cutting off the possibility of a subsequent award in another jurisdiction need only seek judicial ..... review of the award in the first forum. but if such a judicial decision is not preclusive in the second forum, then it appears that the plurality's rationale is not limited in its effect to judgments of administrative tribunals. the plurality contends that, unlike courts of general jurisdiction, workmen's compensation tribunals generally have no power to ..... the defendant which satisfy the relevant standard of care in the first forum might nevertheless be considered "negligent" under the law of the second forum. hence, the plurality's rationale would portend a wide-ranging reassessment of the principles of full faith and credit in many areas. such a reassessment is not necessarily undesirable if the results are likely to ..... judgment entered by a court of general jurisdiction. page 448 u. s. 295 i suspect that my brethren's insistence on ratifying mccartin's result despite condemnation of its rationale is grounded in no small part upon their concern that injured workers are often coerced or maneuvered into filing their claims in jurisdictions amenable to their employers. there is, however .....

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Jul 02 1980 (FN)

Richmond Newspapers, Inc. Vs. Virginia

Court : US Supreme Court

Decided on : Jul-02-1980

..... . indeed, " [w]ithout publicity, all other checks are insufficient: in comparison of publicity, all other checks are of small account.'" id. at 333 u. s. 271 , quoting 1 j. bentham, rationale of judicial evidence 524 (1827); see 3 w. blackstone, commentaries *372; m. hale, history of the common law of england 344 (6th ed. 1820); 1 j. bryce, the american commonwealth ..... ); 3 w. blackstone, commentaries *372-*373; [ footnote 3/8 ] m. hale the history of the common law of england 342-344 (6th ed. 1820); [ footnote 3/9 ] 1 j. bentham, rationale of judicial evidence 584-585 (1827). and it appears that "there is little record, if any, of secret proceedings, criminal or civil, having occurred at any time in known english ..... . 1681) (emphasis added). [ footnote 7 ] bentham also emphasized that open proceedings enhanced the performance of all involved, protected the judge from imputations of dishonesty, and served to educate the public. rationale of judicial evidence at 522-525. [ footnote 8 ] a collateral aspect seen by wigmore was the possibility that someone in attendance at the trial or who learns of the proceedings ..... might present themselves in the character of checks, would be found to operate rather as cloaks than checks; as cloaks in reality, as checks only in appearance." 1 j. bentham rationale of judicial evidence 524 (1827). [ footnote 7 ] panegyrics on the values of openness were by no means confined to self-praise by the english. foreign observers of english criminal procedure .....

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Apr 16 1980 (FN)

Owen Vs. City of Independence

Court : US Supreme Court

Decided on : Apr-16-1980

..... 978; michelman, property utility, and fairness: some thoughts on the ethical foundations of "just compensation" law, 80 harv.l.rev. 1165 (1967). [ footnote 39 ] the second rationale mentioned in scheuer also loses its force when it is the municipality, in contrast to the official, whose liability is at issue. at the heart of this justification for a ..... 736-737 (1957); williams 7. thus municipalities remained liable in damages for a broad range of conduct implementing their discretionary decisions. once again, an understanding of the rationale underlying the common law immunity for "discretionary" functions explains why that doctrine cannot serve as the foundation for a good faith immunity under 1983. that common law doctrine ..... doctrine immunized a municipality for its "discretionary" or "legislative" activities, but not for those which were "ministerial" in nature. a brief examination of the application and the rationale underlying each of these doctrines demonstrates that congress could not have intended them to limit a municipality's liability under 1983. the governmental-proprietary distinction [ footnote 26 ] owed its ..... construction of 1983 that would justify the qualified immunity accorded respondent city by the court of appeals. pp. 445 u. s. 637 -644. (c) the application and rationale underlying both the doctrine whereby a municipality was held immune from tort liability with respect to its "governmental" functions but not for its "proprietary" functions, and the doctrine .....

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Mar 19 1980 (FN)

United States Vs. Gillock

Court : US Supreme Court

Decided on : Mar-19-1980

..... the federal government into essential state functions. first, gillock's argument, resting on the tenth amendment, has no special force with regard to state legislators; on the rationale advanced, state executive officers and members of the state judiciary would have equally plausible claims that the denial of an evidentiary privilege to them resulted in a direct federal impact ..... ). cases considering the speech or debate clause have frequently arisen in the context of a federal criminal prosecution of a member of congress, and have therefore accented the first rationale. only recently in such a case, we reemphasized that a central purpose of the clause is "to preserve the constitutional structure of separate, coequal, and independent branches of ..... evidentiary privilege on behalf of state legislators, the analysis must look primarily to the american experience, including our structure of federalism which had no counterpart in england. two interrelated rationales underlie the speech or debate clause: first, the need to avoid intrusion by the executive or judiciary into the affairs of a coequal branch, and second, the desire ..... considerations which inspired the speech or debate clause of the federal constitution do not require recognition of a comparable evidentiary privilege for state legislators in federal prosecutions. the first rationale underlying the speech or debate clause, resting solely on the separation of powers page 445 u. s. 361 doctrine, gives no support to the grant of a .....

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Mar 25 1980 (FN)

United States Vs. Crews

Court : US Supreme Court

Decided on : Mar-25-1980

..... think has already been sufficiently answered in frisbie, i cannot join his opinion, although i concur in the result. * i note that a majority of the court agrees that the rationale of frisbie forecloses the claim that respondent's face can be suppressible as a fruit of the unlawful arrest. * for the same reason, i cannot join the analysis at the ..... to holding that an illegal arrest effectively insulates one from conviction for any crime where an in-court identification is essential. such a holding would be inconsistent with the underlying rationale of frisbie, from which we have not retreated. stone v. powell, 428 u. s. 465 , 428 u. s. 485 (1976); gerstein v. pugh, 420 u. s. 103 , 420 u. s ..... 's face can ever be considered evidence suppressible as the "fruit" of an page 445 u. s. 478 illegal arrest. because i consider this question to be controlled by the rationale of frisbie v. collins, 342 u. s. 519 (1952), i write separately. respondent crews was convicted after an in-court identification by the victim whose own presence at trial, recollection ..... be a suppressible fruit of an illegal arrest. i agree with mr. justice white s view, post at 445 u. s. 477 -478, that this claim is foreclosed by the rationale of frisbie v. collins, 342 u. s. 519 (1952), and ker v. illinois, 119 u. s. 436 (1886). those cases establish that a defendant properly may be brought into court .....

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Feb 20 1980 (FN)

Nlrb Vs. Yeshiva Univ.

Court : US Supreme Court

Decided on : Feb-20-1980

..... 220, 221-222, 229 (1973), enf'd, 506 f.2d 1402 (ca7 1974) (reversing an administrative law judge's decision which had been premised on the "professional judgment" rationale); sutter community hospitals of sacramento, 227 n.l.r.b. at 193 (excluding as managerial a clinical specialist who used interdisciplinary professional skills to run a hospital department). [ footnote ..... [ footnote 20 ] although the board has preserved the points in footnotes to its brief, it no longer contends that "collective authority" and "lack of ultimate authority" are legal rationales. they are now said to be facts which, respectively, "fortif[y]" the board's view that faculty members act in their own interest, and contradict the premise that the ..... excluded as supervisory. 29 u.s.c. 152(11). consistent with the concern for divided loyalty, the relevant consideration is effective recommendation or control, rather than final authority. that rationale applies with equal force to the managerial exclusion. [ footnote 18 ] two cases simply announced that faculty authority is neither managerial nor supervisory, because it is exercised collectively. c. ..... relevant findings of fact. the absence of factual analysis apparently reflects the board's view that the managerial status of particular faculties may be decided on the basis of conclusory rationales, rather than examination of the facts of each case. the court of appeals took a different view, and determined that the faculty of yeshiva university, "in effect, .....

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Jun 23 1980 (FN)

United States Vs. Raddatz

Court : US Supreme Court

Decided on : Jun-23-1980

..... exception of the criminal trial, the latter need never be resolved independently by an art. iii court. no such line appears in the constitution, and it is contradicted by the rationale that underlies the tenure and salary protections of art. iii. [ footnote 4/10 ] alexander hamilton justified the tenure and salary protections of art. iii in this fashion: "that inflexible and ..... to suppression hearings in criminal cases, displace the federal judiciary and entrust the finding of case-dispositive facts to a non-art. iii tribunal. page 447 u. s. 705 the rationale of our decisions involving legislative courts has been far more limited, focusing on congress' plenary power over specialized areas of geography or subject matter and on the manifest need for ..... during good behaviour, and shall, at stated times, receive for their services, a compensation, page 447 u. s. 704 which shall not be diminished during their continuance in office." the rationale underlying the tenure and salary protections of art. iii has often been stated and need not be rehearsed in detail here. but it is worth remembering that the framers of ..... cold record. the principle that "[t]he one who decides must hear," morgan v. united states, 298 u. s. 468 , 298 u. s. 481 (1936), is supported by two distinct rationales. first, judicial factfinding on the basis of a written record carries an intolerably high risk of error. any experienced lawyer is aware that findings of fact frequently rest on impressions .....

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