Court : Karnataka
Decided on : Apr-08-1986
Reported in : ILR1986KAR3205
..... lost confidence in him. it is true that ordinarily courts will not order reinstatement of a workman in whom the management has lost confidence. but, we fail to understand the rationale behind the submission made. the respondent was not found fault in the discharge of his duties as a security superintendent in the premises of the factory. he had been entrusted .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-28-1986
Reported in : AIR1987All362
..... v. guruvayoor devaswom managing committee, : air1978ker68 being viblative of article 26, the provisions of present act were liable to be struck down. 12. basis for most of the argument was rationale in kerala's full bench judgment but the learned counsel failed to notice that defects or loopholes pointed out in kerala act which resulted in invalidation of many of the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jun-06-1986
Reported in : 1987CriLJ514
..... i to the rules.11. thus the observations in hazara singh's case (1975 cri lj 928) (sc) being binding, it is unnecessary to examine in detail the reasoning and rationale of the single bench decisions of this court as well as the division bench judgments of other high courts to which reference has been made in the impugned judgment. it .....Tag this Judgment!
Court : Kerala
Decided on : Apr-03-1986
Reported in : AIR1986Ker222; 64CompCas64(Ker)
..... 32 is available against a third party surety who has mortgaged his property also and the audi alteram rule could be read into section32. we are unable to find any rationale in the view that while the legislature wanted the money to be recovered from the industrial concern by making available expeditious remedy under section32, legislature was satisfied with the delay .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-15-1986
..... the corporation or the union. it was thus wholly reasonable for congress to require the establishment of a separate political fund to which persons can make voluntary contributions. this rationale for regulation is not compelling with respect to independent expenditures by appellee. individuals who contribute to appellee are fully aware of its political purposes, and in fact contribute ..... of their positions on various issues, but campaigns themselves generate issues of public interest." id. at 424 u. s. 42 (footnote omitted). we agree with appellee that this rationale requires a similar construction of the more intrusive provision that directly regulates independent spending. we therefore hold that an expenditure must constitute "express advocacy" in order to be subject ..... expressly advocate the election or defeat of a clearly identified page 479 u. s. 249 candidate." 424 u.s. at 424 u. s. 80 (footnote omitted). the rationale for this holding was: "[t]he distinction between discussion of issues and candidates and advocacy of election or defeat of candidates may often dissolve in practical application. candidates, especially ..... in connection with any election . . ." for federal office. the 1946 report of the house special committee to investigate campaign page 479 u. s. 247 expenditures explained the rationale for the amendment, noting that it would undermine the basic objective of 610 "if it were assumed that the term 'making any contribution' related only to the donating of money .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-11-1986
..... father's legal responsibility. here again, the information is indisputably relevant in many cases, and would not appear to place a severe limitation on the abortion decision. the court's rationale for striking down the reporting requirements of 3214, as justice white shows, rests on an unsupported finding of fact by this court to the effect that "[i]dentification is the ..... criticisms is appropriate, since the information is clearly relevant in many cases and is calculated to inform rather than intimidate, and since all informed consent requirements must, from the very rationale for their existence, intrude to some extent on the physician's discretion to be the sole judge of what his or her patient needs to know. the "parade of ..... for the most part, impose such restrictions on the practice of a profession or business as it may find necessary to the protection of the public. this is precisely the rationale for infringing the professional freedom of doctors by imposing disclosure requirements upon them: "respect for the patient's right of self-determination on particular therapy demands a standard set by ..... representing the client in a particular proceeding. of course, we upheld such disclosure requirements only last term. see zauderer v. office of disciplinary counsel, 471 u. s. 626 (1985). the rationale for state efforts to regulate the practice of a profession or vocation is simple: the government is entitled not to trust members of a profession to police themselves, and accordingly .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Aug-25-1986
Reported in : (1986)19ITD474(Delhi)
..... works, the rationale of clause (iv) of section 80j(4) would not be fulfilled, for the employees employed by the said contractor will not be employed by the assessee. they have been employed ..... our country. the requirement then is that the assessee which as established a new industrial undertaking must employ 10 persons or more in the manufacturing process.. . .according to the above rationale, the employment of the workers must be by the assessee himself. if he gives the work to existing contractors, who are already having their independent business of doing such job ..... why the parenthetical clause 'if it is one' has been used in the above commentary by the learned authors. their lordships of the hon'ble bombay high court considered the rationale of the condition in clause (iv) of section 80j(4) in the case of cit v.sawyer's asia ltd.  122 itr 259 wherein they expressed themselves as below ..... the assessee but de hors him. inasmuch as clause (iv) of sub-section (2) of section 80-i is on similar lines, the rationale of it would be the same and it cannot be said that the said rationale is fulfilled if we adopt the reasoning of the assessee's learned counsel.9. it is possible to conceive that the employment of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-09-1986
..... to the proper construction of the governing statute, and fails adequately to explain the precise scope of the holding or how that holding is supported under the plurality's chosen rationale. from this misguided effort, i dissent. [ footnote 2/1 ] i disagree with the plurality's conclusion that "[t]he complaints in this case did not challenge the ..... problem and of the contours of the regulations themselves. iv my disagreement with the plurality in this case does not end here, however. for even under its chosen rationale, i find its ultimate conclusion dubious. having assiduously restricted its discussion to the validity of the regulations only, the plurality ends up concluding expansively that not only the regulations ..... these two specific types of decisions, the plurality finds that the secretary's conclusion that discrimination is occurring is unsupported factually. the plurality's characterization of the secretary's rationale, however, oversimplifies both the complexity of the situations to which the regulations are addressed and the reasoning of the secretary. first, the secretary's proof that treatment is ..... comparable experience gained in other fields, nor the fact that regulations may be imposed for preventative or prophylactic reasons, can substitute for evidence supporting the secretary's own chosen rationale. for the principle of agency accountability recited earlier means that "an agency's action must be upheld, if at all, on the basis articulated by the agency itself." .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1986
..... 2/8 ] for example, liquor cannot be sold in an athletic stadium, hotel, restaurant, or sidewalk cafe without a liquor license. according to the court's rationale, any restriction on speech -- be it content based or neutral -- in any of these places enjoys a presumption of validity. it is a strange doctrine indeed that ..... footnote 2/6 ] see california v. larue, 409 u.s. at 409 u. s. 121 (douglas, j., dissenting). perhaps the court would disavow its rationale if a city sought to apply its ordinance to the performers in a play like "hair," or to a production of "romeo and juliet" containing a scene that ..... license upon a finding of a violation of state law, a state liquor regulation, or a city ordinance. see brief in opposition 7. yet the rationale of the opinion of the court of appeals implies that, because of the kentucky constitution, neither the state nor the city may revoke a liquor ..... . the court of appeals misperceived this broad base for the ruling in bellanca and seized upon a single sentence, characterizing it as the "doctrine" or "rationale" of bellanca . because a kentucky city cannot ban the sale of alcohol without election approval, the court concluded that it similarly cannot page 479 u. s ..... be justified under the broad authority bestowed by the twenty-first amendment. it stated that this case does not fall within the bellanca "doctrine" or "rationale" because the city "cannot exercise in part a power it does not hold in full." 785 f.2d at 1358. the court remanded the case .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-14-1986
..... argues that doyle does not control this case because proof of sanity is significantly different from proof of the commission of the underlying offense, and that the doyle due process rationale thus does not apply. at the outset, we note that, in this case, unlike doyle and its progeny, the silence was used as affirmative proof in the case in chief ..... 's silence page 474 u. s. 294 to reject this argument. [ footnote 11 ] for the ambiguity of the defendants' silence in doyle merely added weight to the court's principal rationale, which rested on the implied assurance contained in the miranda warning. see south dakota v. neville, 459 u.s. at 459 u. s. 564 -565; jenkins v. anderson, 447 u ..... 's mental state with evidence of his post- miranda silence." [ footnote 12 ] several commentators have also emphasized that, particularly in light of later cases, doyle's probativeness rationale is secondary to its implied assurance rationale. see, e.g., note, protecting doyle rights after anderson v. charles: the problem of partial silence, 69 va.l.rev. 155, 165, n. 56 (1983); clark, impeachment .....Tag this Judgment!