Court : Gujarat
Decided on : Dec-27-1990
Reported in : I(1991)ACC529; 1991ACJ585; (1991)1GLR352
..... 306 of the indian succession act, like defamation, assault or other personal injuries not causing death of the party, is to be examined in the light of the rationale and the purpose. the rationale and the purpose of such cause of action, like defamation, assault or personal injuries not causing the death belong to the realm of tort where it involves only .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-14-1990
Reported in : 1990(2)BomCR594
..... wiped out. the concept of exemption should be read harmoniously in that manner.9. it is also further rightly submitted by shri chinoy learned counsel that there is not much rationale behind fixing this cut off date and also insisting that the candidate to get benefit of exemption must have appeared any time prior to 1976. instead thereof it could well ..... the circular was done in 1976 and it was decided to give benefit only to those candidates who had appeared upto 1976. i am afraid there is not much of rationale behind this process or exercise.10. the cases of certain other candidates are cited as illustrations and form part of the affidavits on behalf of respondent as exhibit no. 2 .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-02-1990
Reported in : ILR1990KAR4082
..... ' found in the first proviso to section 6(1) of the act arc also to be struck down as unconstitutional as the same cannot stand independently and cannot have any rationale for their existence apart from the words contained in the main portion of subsection (1) of section 6 of the act which we have held as unconstitutional. thus on taking ..... and if the proviso goes, the main part of clause (5) must also fall along with it, since it is closely inter-related with the proviso and cannot have any rationale for its existence apart from the proviso. the main part of clause (5) of article 371d would, therefore, also have to be declared unconstitutional and void.'what is true of .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-08-1990
Reported in : 1990(2)WLN254
..... valid principle, but if the classification is based on intelligible differentia, which distinguished the things from those which are left-out of the picture and if the differentia has a rationale nexus to the object sought to be achieved by the statutory persons/body, then it cannot he said to be discriminatory. in our view, in order to give relief to ..... exemption from the labour laws has been given by this act to the applicability of the labour laws in the famine relief work, then the text of the reasonableness and rationale principle, co-related with the object sought to be achieved, arc satisfied.9. the appointment in the famine relief work has been given only for a period upto which the .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-12-1990
Reported in : 1990(3)BomCR575; (1990)92BOMLR243
..... have face set against all the attempts to indulge in inanities. the learned advocates has been doing precisely this thing while arguing that the tendered vote has no purpose, no rationale or no part of function to perform at all. the supreme court has laid down the rule as to for what purpose these tendered votes are to be used and .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-16-1990
Reported in : AIR1991P& H166
..... eligibility, then plainly there can be no bar for the respondent-state to seek persons with higher qualifications than the lowest level laid down by the rule makers. ordinarily, the rationale underlying the prescription of qualifications in most statutes or rules is to prevent poor or unqualified persons to be appointed to a post in the public service which requires the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-29-1990
Reported in : II(1990)BC522; (1990)88CTR(Del)113; 42(1990)DLT482; 188ITR277(Delhi)
..... for a certain period for the reason that this argument is based on misconception inasmuch as we do not treat the demand of interest as a penal provision, as the rationale behind this provision is not to penalise a party but to make a provision for compensation to the department on the failure of the assessed to make payment on the .....Tag this Judgment!
Court : Orissa
Decided on : Sep-21-1990
Reported in : 189ITR741(Orissa)
..... which may extend up to seven years and with fine. these amendments will be made effective from 1st june, 1988....' the aforesaid extract from the memorandum clearly brings out the rationale of making a special provision for the traders with whom we are concerned. these traders form a class inasmuch as it is difficult to trace them once the contract period .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-11-1990
Reported in : AIR1990SC1300; [1990(60)FLR889]; JT1990(2)SC225; 1990(1)SCALE742; (1990)3SCC368; 2SCR468; (1990)2UPLBEC1075
..... the, respondents in taking no step in the years intervening the selection in the year 1983 and the present selection'. the high court, therefore, felt satisfied that there was no rationale in departing from the past practice and selecting 31st january, 1988 as the last date. it is felt that in all fairness 30th of june of the year would be .....Tag this Judgment!
Court : US Supreme Court
Decided on : Mar-27-1990
..... act is narrowly tailored. first, it seeks support in the availability of political action committees (pac's) as an alternative to direct speech. second, the majority advances the rationale that the restriction protects shareholders from the use of corporate funds to support speech with which they may not agree. third, it asserts that independent expenditures funded by corporate ..... the public, offering criticism, and providing a forum for discussion and debate.'" ante at 494 u. s. 667 (citation omitted). but if one believes in the court's rationale of "compelling state need" to prevent amassed corporate wealth from skewing the political debate, surely that "unique role" of the press does not give michigan justification for excluding media ..... to which they object. [ footnote 2/6 ] justice kennedy's argument is also inconsistent with his focus on nonprofit corporations. the leading theory of nonprofit enterprises holds that the rationale for use of the nonprofit form lies chiefly in the so-called "nondistribution constraint" -- i.e., the fact that, while ordinary business corporations have shareholders who are allowed ..... in the form of independent expenditures, just as it can when it assumes the guise of political contributions. we therefore hold that the state has articulated a sufficiently compelling rationale to support its restriction on independent expenditures by corporations. c we next turn to the question whether the act is sufficiently narrowly tailored to achieve its goal. we .....Tag this Judgment!