Court : Chennai
Decided on : Aug-10-1987
Reported in : (1988)2MLJ60
..... be possible for personnel of the 'b' wing to complain of any unfair or unequal treatment and indeed no such grievance has been made before us. there was clearly a rationale behind the adoption of 1.4.1970 as the date with reference to which the 'a' wing and the 'b' wing personnel were to be integrated. the ..... rationale was that all those who were in service as on 1.4.1970 as government servants were given equal treatment in the process of integrating the two wings.23. we .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-03-1987
Reported in : AIR1987SC2117; JT1987(3)SC492; 1987(2)SCALE469; (1987)4SCC238; 1SCR1
..... of the act imposed restrictions on the landlord's right under the common law or the transfer of property act to evict the tenant after termination of his tenancy. the rationale of these restrictions on the landlord's rights is the acute shortage of accommodation and the consequent need to give protection to the tenants against unrestricted eviction. the nature, the ..... also upheld by this court in 5. kandaswamy chettiar v. state of tamil nadu and anr. : 2scr398 . dealing with section 29 of the act this court observed that the rationale behind the conferral of such power to grant exemptions or to make exceptions was that an inflexible application of the provisions of the act might under some circumstances result in .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-30-1987
Reported in : (1987)89BOMLR515; 1987MhLJ977
..... of at least some of these workmen must be rejected. a plain reading of the preamble and the statement of objects and reasons leaves no room for doubt that the rationale of the act was the protection of the employment of all the workmen of the undertakings taken over.the question posed at the commencement of this judgment must, accordingly, be .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-02-1987
Reported in : 67CompCas405(Kar); 1990(3)KarLJ124
..... * is mine ). 17. it is not possible to take a different view. first, for the reason that it is the law declared by the supreme court. second there is excellent rationale in what is stated in the passages extracted above. the petitioner company here is not complaining that it has no general benefit from the obligatory activities of the corporation in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-1987
Reported in : AIR1988SC257; 1988(36)BLJR701; 1988CriLJ419; 1987(3)Crimes612(SC); JT1987(4)SC190; 1987(2)SCALE828; (1987)4SCC663; 1SCR450; 1988(1)LC155(SC)
..... . it is necessary to protect the public servant in the discharge of their duties. they must be made immune from being harassed in criminal proceedings and prosecution, that is the rationale behind section 196 and section 197 of the cr. p.c. but it is equally important to emphasise that rights of the citizens should be protected and no excesses should .....Tag this Judgment!
Court : Rajasthan
Decided on : Apr-22-1987
Reported in : AIR1988Raj64; 1987(2)WLN538
..... him to execute an agreement containing such a condition in order to raise the obligation of the board to supply electricity to that consumer. these provisions also clearly indicate the rationale behind the provision for recovery of minimum charges from the consumer. when the charges for actual consumption of energy by the consumer falls short of the minimum charges the consumer .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-11-1987
Reported in : 1987(1)WLN476
..... changed circumstances when the others, similarly situated, have been placed in an advantageous position by virtue of exhibits 5 and 7. the fixing of dates in those circulars has no rationale with the object to be achieved.34. we are therefore, in perfect agreement with the finding arrived at by the learned single judge and find no ground to interfere with .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-24-1987
Reported in : AIR1988AP184
..... be entitled to recover possession of a non-residential building from his tenant, when he was occupying another non-residential building in the same city. we fail to understand the rationale behind the conclusion. the two provisions are independent, not complementary to one another. in one case, it is a case of a person in occupation of only a portion of .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-23-1987
..... and the confrontation clause: closing the window of admissibility for coconspirator hearsay, 53 ford.l.rev. 1291, 1295, and n. 25 (1985). more importantly, by explicitly retaining the agency rationale for the exemption, the advisory committee expressed its intention that the exemption would remain identical to the common law rule, and that it would not be expanded in any way ..... contrast to the hearsay exceptions of rules 803 and 804. the advisory committee explained that the exclusion of admissions from the hearsay category is justified by the traditional "adversary system" rationale, not by any specific "guarantee of trustworthiness" used to justify hearsay exceptions. see advisory committee's notes on fed.rule evid. 801, 28 u.s.c. app. p. 717 ..... the alleged principal. see 1 f. mechem, law of agency 285, p. 205 (1914). thus, unlike many common law hearsay exceptions, the coconspirator exemption from hearsay, with its agency rationale, was not based primarily upon any particular guarantees of reliability or trustworthiness that were intended to ensure the truthfulness of the admitted statement and to compensate for the fact that ..... exemption -- especially an aspect of it that contributes to the reliability of an admitted statement -- i do not believe that the court can rely on the "firmly rooted hearsay exception" rationale, see ohio v. roberts, 448 u. s. 56 , 448 u. s. 66 (1980), to avoid a determination whether any "indicia of reliability" support the coconspirator's statement, as .....Tag this Judgment!
Court : US Supreme Court
Decided on : May-18-1987
..... just as a serviceman injured by a negligent civilian must resort to state tort law, so must a serviceman injured by a negligent government employee. to the extent that the rationale rests upon the military's need for uniformity, it is equally unpersuasive. to begin with, that supposition of congressional intent is positively contradicted by the text. several of the ftca ..... is now sustained only by three disembodied estimations of what congress must (despite what it enacted) have intended. they are bad estimations at that. the first of them, feres' second rationale, has barely escaped the fate of the "parallel private liability" argument, for though we have not yet acknowledged that it is erroneous. we have described it as "no longer controlling ..... who have already received veterans' benefits to compensate for injuries suffered incident to service. id. at 340 u. s. 144 -145. several years after feres, we thought of a fourth rationale: congress could not have intended to permit suits for service-related injuries. because they would unduly interfere with military discipline. united states v. brown, 348 u. s. 110 , 348 u ..... nor has congress seen fit to change the feres standard in the more than 35 years since it was articulated. pp. 481 u. s. 686 -688. (b) the three broad rationales underlying feres refute the critical significance ascribed to the status of the alleged tortfeasor by the court of appeals. first, the distinctively federal character of the relationship between the government .....Tag this Judgment!