Court : Karnataka
Decided on : Jan-22-1985
Reported in : ILR1985KAR3073
..... class of lands merelybecause they form smaller (specific) portions of assessed' survey numbers and are not, by themselves, separately assessed, would amount to denial of well intended benefit with no rationale or logic behind it. after all, it is common knowledge that it is small agriculturists who would very much need the assistance of courts in establishing their claims respecting smaller .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-08-1985
Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; Supp1SCR622
..... candidate and the expenditure incurred by it on general party prepaid ganda, the latter not being includible in the return of election expenses which the candidate has to file. the rationale of that decision, though not expressed in so many words, is that by reason of the important position which political parties occupy in the democratic set up, they are entitled ..... and well financed it may be, and no individual or political party should be able to secure an advantage over others by reason of its superior financial strength. (2) the rationale of imposing a limit on expenditure incurred or authorised by a candidate in an election is to eliminate, as far as possible, the pernicious influence of big money in the .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-26-1985
..... only if the essential conditions set out above are fulfilled. the class which enjoys reservation must be educationally handicapped. the reservation must be geared to getting over the handicap. the rationale of reservation must be in the case of medical students, removal of regional or class inadequacy or like disadvantage........'however, it appears that for the purpose of selection and nomination .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-12-1985
..... upheld the constitutionality of a federal statute that permitted government appeals from certain sentences. today, the court summarily reverses because it finds that the "pennsylvania supreme court's rationale is inconsistent with the rationale of the holding of this court in difrancesco." ante at 474 u. s. 29 . the pennsylvania supreme court opinion does not mention difrancesco. the appellate briefs before the ..... is vacated. 507 pa., at 248-251, 489 a.2d at 1314-1315, citing north carolina v. pearce, 395 u. s. 711 (1969). the pennsylvania supreme court's rationale is inconsistent with the rationale of the holding of this court in difrancesco, supra. in difrancesco we upheld the constitutionality of 18 u.s.c. 3576, which allows the united states to appeal ..... an appeal by the commonwealth was barred by the double jeopardy clause when the sentence of imprisonment on another count was vacated. held: the pennsylvania supreme court's rationale was inconsistent with the rationale of the holding in united states v. difrancesco, 449 u. s. 117 , that the double jeopardy clause was not violated by 18 u.s.c. 3576, which allows .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Nagpur
Decided on : Feb-21-1985
Reported in : (1985)14ITD263(Nag.)
..... the facts in the present case being totally different in this material respect, from those of the decided case, we are of the opinion that the rationale of the madras high court decision would not be applicable to the facts of this case.10. every decision is only an authority with reference to the ..... not been controverted by the assessee that the assets were partly used for non-business purposes and they were not wholly used for the business. therefore, the rationale of the decision, namely, that section 38(2) does not apply, where the asset is wholly and not partially used for the purposes of the business, ..... business only in part. it does not apply where the asset is wholly, and not partially, used for the purpose of the business.8. the rationale of the above decision has to be understood with particular reference to and in the light of the facts of the case before the madras high court. ..... the madras high court, we are of the opinion that the decision in question was rendered on the facts peculiar to that case and, therefore, the rationale of the same is not applicable to the present case.7. a brief reference to the facts of that case would be necessary to understand the .....  131 itr 223, in support of the proposition that no part disallowance of the depreciation under section 38(2) was permissible in the light of the rationale of that decision.4. the commissioner (appeals) did not agree with this view. he held that the provisions of section 32 and rule 5 would be subject .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-26-1985
..... been grounded in such a premise. distrust of placing in the courts the power to decide what speech was of public concern was precisely the rationale gertz offered for rejecting the rosenbloom plurality approach. 418 u.s. at 418 u. s. 346 . it would have been incongruous for the ..... entitled to somewhat less rigorous protection. in every case in which we have permitted more extensive state regulation on the basis of a commercial speech rationale the speech being regulated page 472 u. s. 792 was pure advertising -- an offer to buy or sell goods and services or encouraging such ..... the expression and not on the extent or conditions of dissemination of that expression. ante at 472 u. s. 773 . justice powell adumbrates a rationale that would appear to focus primarily on subject matter. [ footnote 3/12 ] the opinion relies on the fact that the speech at issue was ..... the new york times standard was formulated to protect the press from the chilling danger of numerous large damages awards. nothing in the central rationale behind new york times demands an absolute immunity from suits to establish the falsity of a defamatory misstatement about a public figure where the plaintiff ..... 349 . this interest, however, is "substantial" relative to the incidental effect these remedies may have on speech of significantly less constitutional interest. the rationale of the common law rules has been the experience and judgment of history that "proof of actual damage will be impossible in a great many cases where .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-18-1985
..... for an interpretation that, in effect, exempts workers injured on the actual navigable waters from the requirement that they be "engaged in maritime employment." perini declined to rest on a rationale that focused only on the situs of the injury. it instead saw location as significant principally because an occupation's location is an aspect of the occupation's status. "[w ..... u.s. at 459 u. s. 299 ; see id. at 459 u. s. 305 , 459 u. s. 311 -312, 459 u. s. 315 , 459 u. s. 324 . the court's rationale was that, first, any employee injured on navigable waters would have been covered prior to 1972, and, second, congress did not intend to restrict coverage in adopting its "maritime employment ..... lhwca combine to suggest that the 1972 congress at least did not intentionally extend the lhwca to workers such as gray. [ footnote 5 ] page 470 u. s. 421 b the rationale of the court of appeals was that offshore drilling is maritime commerce, and that anyone performing any task that is part and parcel of that activity is in maritime employment ..... a decision not to exclusively apply admiralty law coverage to the affairs of that occupation. indeed, that is just the rationale rodrigue attributed to the congress that passed the lands act. but, as is shown by the above factors, the same rationale cannot explain the coverage of the post-1972 lhwca. [ footnote 2/8 ] although rodrigue's analysis of the lands act .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-21-1985
..... to those who cannot afford one so that they stand on equal footing with nonindigents in seeking to upset their convictions. the court, however, extends that right beyond its supporting rationale. there is no constitutional requirement that a state provide an appeal at all. "it is wholly within the discretion of the state to allow or not to allow such a ..... are called upon to perform. the court relies heavily on the statement in ross v. moffitt, 417 u. s. 600 , 417 u. s. 608 -609 (1974), that "[t]he precise rationale for the griffin and douglas lines of cases has never been explicitly stated, some support being derived from the equal protection clause . . . and some from the due process clause." but ..... (1981); rhodes v. leverette, 160 w.va. 781, 239 s.e.2d 136 (1977). these cases diverge widely in the standards used to judge ineffectiveness, the remedy ordered, and the rationale used. we express no opinion as to the merits of any of these decisions. [ footnote 10 ] in stahl v. commonwealth, 613 s.w.2d 617 (1981), the kentucky supreme court ..... misunderstanding of the diverse sources of our holdings in this area. in ross v. moffitt, 417 u.s., at 417 u. s. 608 -609, we held that "[t]he precise rationale for the griffin and douglas lines of cases has never been explicitly stated, some support being derived from the equal protection clause of the fourteenth amendment, and some from the .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-20-1985
..... enforcement purposes to be served by the stop" are considered important. ante at 470 u. s. 685 . absent a rigorously enforced brevity requirement, the terry rationale "would threaten to swallow the general rule that fourth amendment seizures are reasonable' only if based on probable cause." dunaway v. new york, supra, at 442 ..... the clarity of terry's brevity requirement will instead breed respect for the law among both police and citizens. for these reasons, fidelity to the rationales that justify terry stops requires that the intrusiveness of the stop be measured independently of law enforcement needs. a stop must first be found not unduly ..... seizure, but in the brevity of it." 1 w. lafave & j. israel, criminal procedure 3.8, p. 297 (1984). consistent with the rationales that make terry stops legitimate, we have recognized several times that the requirement that terry stops be brief imposes an independent and per se limitation on the ..... probable cause, is consistent with the fourth amendment. [ footnote 2/1 ] page 470 u. s. 690 that terry was justified in terms of these two rationales was made clear in subsequent cases. for example, in dunaway v. new york, 442 u. s. 200 , 442 u. s. 210 (1979), we explained ..... the conclusion that the seizure was reasonable in the absence of probable cause." 462 u.s. at 462 u. s. 709 . however, the rationale underlying that conclusion was premised on the fact that the police knew of respondent's arrival time page 470 u. s. 685 for several hours beforehand .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jul-01-1985
..... it, and therefore adjudication before an art. iii decisionmaker or properly constituted adjunct was required. [ footnote 2/2 ] because the challenged bankruptcy jurisdiction could not be sustained on the alternative rationale that it was a proper adjunct to an art. iii court, id. at 458 u. s. 77 -86 (plurality opinion); id. at 458 u. s. 91 (rehnquist, j., concurring in ..... decisionmaker when state law prescribed the rule of decision in a dispute between private parties. the court invalidated the congressional action, but a majority did not agree upon a common rationale. the plurality would have held that this allocation of decisional authority could not be justified as a proper exercise of either the congressional power to create art. i legislative courts ..... injury sustained as a result of the arbitration. "[r]ipeness is peculiarly a question of timing." regional rail reorganization act cases, supra, at 419 u. s. 140 . "[i]ts basic rationale is to prevent the courts, through premature adjudication, from entangling themselves in abstract disagreements." abbott laboratories v. gardner, 387 u. s. 136 , 387 u. s. 148 (1967). the article iii .....Tag this Judgment!