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Judgment Search Results Home > Cases Phrase: rationale Year: 1982 Page 1 of about 304 results (0.012 seconds)

Feb 01 1982 (HC)

Kalwa Vs. Vasakha Singh and anr.

Court : Punjab and Haryana

Decided on : Feb-01-1982

Reported in : AIR1982P& H480

..... their father or husband. as regard the claim to pre-emption on the basis of a co-sharer, no meaningful argument was addressed against the rationale of the judgment of the first appellate court. this appeal is, therefore, dismissed with no orders as to costs, in view of the rather ..... village and the village community ; and (2) to implement the agnatic rule of succession.' it would be manifest from the above that the basic rationale underlying the law of pre-emption, under this jurisdiction, is first to maintain the homogeneity and integrity of the agricultural tribe of the particular village ..... sale, and that sale is a condition precedent, not to the existence of the right, but only to its enforceability.'in this particular jurisdiction the rationale of the custom of pre-emption was noticed in the following terms by sir james m. douis in para no. 127 of the punjab settlement ..... the full bench in karta ram's case (supra) was affirming a long line of unbroken precedent in court which had earlier given various rationales therefor and against which not a single contrary judgment could be cited as stands expressly noticed therein. nevertheless, it was observed categorically therein apparently ..... other words, for the purpose of applying the rule of stare decisis, it is unnecessary to enquire or determine as to what was the rationale of the earlier decision which is said to operate as stare decisis.'10. following the aforesaid authoritative enunciation of the doctrine, it must necessarily be .....

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Aug 16 1982 (SC)

Bachan Singh, Sher Singh and anr. and Ujagar Singh and anr. Vs. State ...

Court : Supreme Court of India

Decided on : Aug-16-1982

Reported in : AIR1982SC1325

..... made manifest by experience and that its discriminations are based on adequate grounds.' sarkaria, j. has pointed out in the majority judgment that underlying this presumption of constitutionality 'is the rationale of judicial restraint, a recognition of the limits of judicial review, a respect for the boundaries of legislative and judicial functions and the judicial responsibility to guard the trespass from ..... supporting one view or the other that these should be particularly on a sensitive issue like this, but what is necessary is to examine objectively and critically the logic and rationale behind these observations and to determine for ourselves which observations represent the correct view that should find acceptance with us. the majority judges speaking through sarkaria, j. have relied upon .....

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Feb 03 1982 (HC)

Deputy Secretary to the Govt. of Assam, Panchayat and Community Dev. D ...

Court : Guwahati

Decided on : Feb-03-1982

..... dissolution can be made only after giving the mah-kuma parishad 'sufficient opportunity to show cause'. the provision also clearly pre-vides for giving sufficient opportunity to show cause. the rationale behind giving prior notice and bearing under sections 134 and 135 is that positive imputations are made against the bodies and they are stigmatised for failure to function properly, abusing .....

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Apr 28 1982 (HC)

Khuraijam Ongbi Thoibisana Devi and Ors. Vs. Akoijam Amubi Singh (dece ...

Court : Guwahati

Decided on : Apr-28-1982

..... in moheshur singh is that any other view would be 'detrimental to the expeditious administration of justice', and any different view would have caused 'endless expense and delay.'13. the rationale in the language of the supreme court lies in the fact that were it to be otherwise 'every litigant against whom an interlocutory order is decided' will be put to .....

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Jan 07 1982 (HC)

Shankar Birmiwal and anr. Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Decided on : Jan-07-1982

Reported in : AIR1982Raj187; 1982()WLN127

..... our opinion there is no merit in the aforesaid contention. as laid down by the supreme court in travancore rayons ltd. v. union of india, air 1971 sc 862 the rationale behind the requirement to give sufficient reasons which disctose proper appreciation of the problem to be solved, and the mental process by which a conclusion is reached in cases where .....

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Dec 15 1982 (HC)

Controller of Estate Duty Vs. R. Brahadeeswaran

Court : Chennai

Decided on : Dec-15-1982

Reported in : [1987]163ITR680(Mad)

..... exercisable by the assessing authority in the first instance. 10. we pointed out that the three supreme court cases summed up above arose under the income-tax act, but the rationale of the decisions rendered by the court apply with full force to the powers of the tribunal under other direct tax enactments as well, including the estate duty act. if .....

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Nov 17 1982 (HC)

S.M.A. Siddique Vs. Commissioner of Income-tax, Madras

Court : Chennai

Decided on : Nov-17-1982

Reported in : [1984]148ITR307(Mad)

..... would also equate the position of the revenue to the proverbial horse which would open its mouth for horse feed but not for the bridle. in our judgment, the whole rationale behind s. 64(1)(iv) and (v) and comparable provisions in the earlier indian i.t. act, 1922, is to act as an anti-tax avoidance measure. the intention obviously .....

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Jul 29 1982 (HC)

Balakrishnan Vs. Ayyasami

Court : Chennai

Decided on : Jul-29-1982

Reported in : (1982)2MLJ148

..... judgment, not only entitled to pursue that remedy, but also entertain a reasonable hope of its success. it would be a sad commentary on order 41, rule 21 and the rationale behind that provision if we were to hold that persons in the petitioner's position should put little or no faith in that remedy even while pursuing it. we may .....

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Jun 01 1982 (FN)

United States Vs. Ross

Court : US Supreme Court

Decided on : Jun-01-1982

..... suitcase was seized and searched. again, however, this court invalidated the search. [ footnote 2/10 ] in a footnote, the court appears to suggest a more pragmatic rationale for distinguishing chadwick and sanders -- that no practical problems comparable to those engendered by a general search of a vehicle would arise if the official suspicion is confined to ..... ignores the clear distinction that chadwick established between movable containers and automobiles. it also rejects all of the relevant reasoning of sanders [ footnote 2/12 ] and offers a substitute rationale that appears inconsistent with the result. see supra at 456 u. s. 832 . sanders is therefore effectively overruled. and the court unambiguously overrules "the disposition" of robbins, ..... is compelled by the justifications described above. today, the majority makes no attempt to base its decision on these justifications. this failure is not surprising, since the traditional rationales for the automobile exception plainly do not support extending it to the search of a container found inside a vehicle. page 456 u. s. 832 the practical mobility ..... specifically noted: "the government does not contend that the footlocker's brief contact with chadwick's car makes this an automobile search, but it is argued that the rationale of our automobile search cases demonstrates the reasonableness of permitting warrantless searches of luggage; the government views such luggage as analogous to motor vehicles for fourth amendment purposes." .....

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Jun 24 1982 (FN)

Jacksonville Bulk Terminals Vs. Longshoremen

Court : US Supreme Court

Decided on : Jun-24-1982

..... to handle goods of the employer whose employees are on strike is an unreasonable work condition. [ footnote 21 ] none of these characterizations, however, alters the fact, essential to the rationale of buffalo forge, that the strike was not over an arbitrable issue, and therefore did not directly frustrate the arbitration process. the employer's argument that this work stoppage may ..... analysis of the employer and the solicitor general can perhaps best be demonstrated by applying it to a pure sympathy strike, which clearly cannot be enjoined pending arbitration under the rationale of buffalo forge. if this work stoppage were a pure sympathy strike, it could be characterized alternatively as a dispute over the employer's right to choose to do ..... . [ footnote 20 ] we disagree. buffalo forge makes it clear that a boys markets injunction pending arbitration should not issue unless the dispute underlying the work stoppage is arbitrable. the rationale of buffalo forge compels the conclusion that the union's work stoppage, called to protest the invasion of afghanistan by the soviet union, may not be enjoined pending the arbitrator ..... to specific congressional policy is necessary. we refuse to deviate from that path today. iv alternatively, the employer argues that the union's work stoppage may be enjoined under the rationale of boys markets, inc. v. retail clerks, 398 u. s. 235 (1970), and buffalo forge co. v. steelworkers, 428 u. s. 397 (1976), because the dispute underlying the work .....

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