Court : Mumbai
Decided on : Jan-29-1991
Reported in : AIR1992Bom309; 1991(4)BomCR631; (1991)93BOMLR183
..... one party to a commercial transaction was in a stronger bargaining position than the other party. commercial pressure by itself does not amount to economic duress. lord diplock equated the rationale behind recognition of economic duress as a ground of relief by observing inter alia at page 813 as under:-- 'it is a ..... rationale similar to that which underlies the avoid ability of contracts entered into and the recovery of money exacted under colour of office or under influence or in consequence of threats .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-02-1991
Reported in : 1991(3)ALT80
..... in cases of long periods of imprisonment and detention as under-trial prisoners because in such instances article 21 of the constitution is violated. i have also indicated that the rationale of those decisions would not apply to cases where the parties were not under detention or in jail custody because their liberty is not curtailed. i have also referred to ..... a single day's imprisonment i have clearly pointed out that the rationale of the supreme court decisions in hussainare khatoon v. state of bihar, : 1979crilj1036 , hussainare khatoon v. state of bihar, air 1989 sc 1369 and sheela barse v. union of india ..... .b. tirupathy (1 supra) and pointed out that though the learned judge referred to several decisions of the supreme court, his lordship did not refer to the basis and the rationale on which the court granted relief in those decisions and his lordship referred to the factum of delay and gave relief to dr. n.v. raghava reddy who never suffered .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-1991
Reported in : AIR1992SC767; JT1991(6)SC400; 1991(2)SCALE1264; 1992Supp(1)SCC664; Supp3SCR256
..... on uniform basis and any division which classified them into two groups by introducing a cutoff date would ordinarily violate the principle of equality in treatment unless there is strong rationale discernible for so doing and the same can be supported on the ground that it will subserve the object sought to be achieved. but in the case of a new ..... on or before 31st december, 1985 of the benefit of the pension scheme but for reasons stated above it was not practicable to extend the benefit to such retirees. the rationale for fixing the cut-off date as 1st january, 1986 was the same as in the case of central government employees based on the recommendation of the fourth central pay .....Tag this Judgment!
Court : Orissa
Decided on : Jul-03-1991
Reported in : 1991(II)OLR247
..... . pendency or an appeal against the same without the order being stayed does not keep the order in abeyance in that view of the matter, there can hardly be any rationale in the conclusion of the revisional authority as well as that of the land reforms commissioner that the period of one year contained in the order of the revenue officer .....Tag this Judgment!
Court : Kerala
Decided on : Oct-31-1991
Reported in : (1992)IILLJ330Ker
..... the view taken in (air) 1983-sc-239 (supra) is different. though the decision in (air) 1983-sc-239 (supra), at para. 13, said 'the dialectics, the logic and the rationale involved in upholding the validity of article 31c when it confined its protection to laws enacted to further article 39(b) or 39(c) should uncompromisingly lead to the same .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-14-1991
Reported in : AIR1992HP70,1992CriLJ2542
..... more than this deduction. no statutory provision has been shown to us in support of this deduction. we feel that this kind of deduction is indefensible. there is no acceptable rationale behind this kind of deduction especially from those prisoners who have been put to work. no maintenance charges are taken from other prisoners who may not like to do any .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-19-1991
Reported in : AIR1992AP93; 1991(2)ALT572
..... the high court alone and not in any other subordinate court to which the appeal would normally lie under s. 17 of the a.p. civil courts act, 1972. the rationale of this judgment advanced by the learned counsel seems to be that if an order has been passed by a vacation civil judge who happens to be a district judge .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-01-1991
..... product generates. ii the court's assumption that value added by property and payroll is not realized and cannot be determined until the product is sold is belied by the rationale underlying the vat. page 498 u. s. 392 the "concept of value added . . . is derived from the most basic of economic facts -- the scarcity of resources -- and hence consistently measures ..... lost value outside of this process, perhaps between the time they left the factory and the time they were delivered to customers in michigan. this approach is incompatible with the rationale of a vat, and is unsupported in the record. for all this record shows, trinova's production operations might have added little value and its sales offices might have added ..... these claims, and begin with the matter of apportionment. a trinova's claim that apportionment of the tax is unconstitutional concentrates on the elements of the apportionment formula. the original rationale for apportionment of income was the difficulty of identifying the geographic source of the income earned by a multistate enterprise. see underwood typewriter co. v. chamberlain, 254 u. s. 113 ..... not fluctuate as widely as net income, a vat provides a more stable source of revenue than the corporate income tax. see generally kleine 3, figure 1. "the logic or rationale of the [vat] rests squarely on the benefits received principle of taxation -- government services are essential to the operation of any business enterprise . . . and a part of these public service .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-27-1991
..... [ footnote 4/4 ] and in its decision to reach the constitutional question without pausing to consider affirming on the basis of the tennessee supreme court's rationale, [ footnote 4/5 ] but even in its resolution of the constitutional issue involved. today is a sad day for a great institution. [ footnote ..... imposed and the defendant's blameworthiness"); tison v. arizona, 481 u. s. 137 , 481 u. s. 149 (1987) ("the heart of the retribution rationale is that a criminal sentence must be directly related to the personal culpability of the criminal offender"); california v. brown, 479 u. s. 538 , 479 u ..... claim that any of these traditional bases for overruling a precedent applies to booth or gathers. the majority does not suggest that the legal rationale of these decisions has been undercut by changes or developments in doctrine during the last two years. nor does the majority claim that experience ..... s. 203 , 467 u. s. 212 (1984). such justifications include the advent of "subsequent changes or development in the law" that undermine a decision's rationale, patterson v. mclean credit union, supra at 491 u. s. 173 ; the need "to bring [a decision] into agreement with experience and with facts newly ..... and to booth and gathers in particular. i dissent. i speaking for the court as then constituted, justice powell and justice brennan set out the rationale for excluding victim impact evidence from the sentencing proceedings in a capital case. see booth v. maryland, supra at 482 u. s. 504 -509 .....Tag this Judgment!
Court : US Supreme Court
Decided on : Dec-09-1991
..... the united states court of appeals for the second circuit, dated jan. 21,1983). in short order, most other circuits followed kenny's lead and upheld, based on a bribery rationale, the hobbs act extortion convictions of an astonishing variety of state and local officials, from a state governor, see united states v. hall, 536 f.2d 313 , 320-321 (calo ..... v. barts, 132 n. j. l. 74, 76, 83, 38 a. 2d 838, 841, 844 (1944), which upheld the extortion conviction of a police officer, based essentially on a bribery rationale. as the new jersey supreme court has neatly explained, however, that case represented a departure from the traditional common law of extortion: "our extortion statute, which had its origin at ..... established by our decision last term in 278 mccormick v. united states, 500 u. s. 257 (1991). readers of today's opinion should have little difficulty in understanding that the rationale underlying the court's holding applies not only in campaign contribution cases, but in all 1951 prosecutions. that is as it should be, for, given a corrupt motive, the quid ..... can be interpreted in a way that is consistent with this rule. although the court appears to accept the re- 273 quirement of a quid pro quo as an alternative rationale, in my view this element of the offense is essential to a determination of those acts which are criminal and those which are not in a case in which the .....Tag this Judgment!