Court : Punjab and Haryana
Decided on : Apr-06-1993
Reported in : (1993)104PLR243
..... chandigarh to dalhi are fully met by the operator. similar is the position in the present case. the contention raised by the learned counsel for the petitioner completely defeats the rationale behind the sanctioning of the route as also the legislative intent. in view of the above, the first contention raised on behalf of the petitioner is rejected.9. this brings ..... number 463. the action of the authority is symbolic of the fact that there is enough number of passengers travelling on the route viz. dharamgarh to chandigarh. this is the rationale even behind the definition of a route as given in section 2. it signifies that a bus starting from dharamgarh should go upto chandigarh and vice versa.8. learned counsel .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-12-1993
Reported in : AIR1994SC169; 1993(3)SCALE371; (1994)1SCC92; Supp1SCR667
..... on the clay to day working. reason for il is the courts' prime duty to serve law made by the legislature is enacted to serve public interest. that is (he rationale due (o which the court constructed provisions in western coalfields ltd (supra) or m/s. attesee (supra) or m/s. bangalore. jute factory co. and ors. v. inspector of central ..... or partly stands bodily engrafted, therefore, it stands frozen on the date of incorporation and remains unaffected by any subsequent or future amendment. why it is so? what is the rationale for it? when an act is wholly or partly referred in another act it has to be applied or acted upon in the form it exists. for instance if a .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-17-1993
Reported in : AIR1994AP79
..... an opportunity of being heard. order 22, rules 3 and 4 codify these procedural safeguards translating into statutory requirement one of the principles of natural justice.'if this is the rationale behind rr. 3 and 4 of o.22, there can be no reasonfor precluding the legal representatives of a deceased defendant from bringing themselves on record on their own initiative ..... the default of respondents 1 and 2 in allowing the suit dismissed as against the 1st defendant as abated, on 1-7-1985.8. this is also supported by the rationale behind rr. 3 and 4 of o.22 of the civil procedure code. d.a. desai, j., in n. jayaram reddi v. revenue divisional officer, : 3scr599 has stated that the basic .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-22-1993
Reported in : AIR1994SC205; JT1993(5)SC391; 1993(3)SCALE834; 1994Supp(1)SCC160
..... set up an experts committee as a sub-committee of the dcc for screening the formulations of drugs prevalent in the indian market from the point of view of therapeutic rationale in order to weed out irrational/ harmful combination of drugs. the sub-committee examined a number of fixed dose combinations of drugs which did not appear to have adequate ..... rationale or appeared to be harmful and made the following recommendation in respect of fixed combination of steroids:fixed dose combinations of steroids with any other category of drugs should not .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-02-1993
Reported in : 204ITR728(Guj)
..... are basically of the same nature, an assessee cannot be granted double deduction even though the two heads of deductions may be different and there is some difference in the rationale of the two deductions. but this principle will not apply if the deductions claimed are basically of different nature or there is a clear statutory indication to the contrary. with ..... (1)(iv) of a part of the capital expenditure on scientific research, even though the two heads of deduction do not completely overlap and there is some difference in the rationale of the two deductions.' 5. the reason given by the supreme court for taking this view is that the deductions of the allowance on scientific research assets and of depreciation .....Tag this Judgment!
Court : Chennai
Decided on : Sep-17-1993
Reported in : 1994(69)ELT636(Mad)
..... story as a result of deliberation and consultation. it is therefore essential that the delay in the lodging of the first information report should be satisfactorily explained.' following the said rationale held by the apex court, a division bench of this court, in in re karunakaran , has held, that several important documents which came into existence during the course of investigation ..... law, an accused under the n.d.p.s. act is to be allowed to go on bail. in the instant case, if the above principle of law and the rationale is to be applied, it is manifestly clear, that the learned sessions judge, has not adverted his mind to the above said aspect at all, while enlarging the petitioner on .....Tag this Judgment!
Court : Chennai
Decided on : Dec-29-1993
Reported in : (1994)49TTJ(Mad)500
..... had done. drawing our attention first to the provisions of r. 1(iii), he contended that it authorises modification of the capital employed in the stipulated manner. broadly speaking, the rationale behind the said provisions is that a reserve cannot be created out of the amounts allowed as a deduction for the purposes of income-tax.in the context of depreciation ..... act certain provisions with a view to ensuring that the capital base does not get inflated.29. the first safeguard is built into r. 1a of the second schedule. the rationale behind the said rule, which was inserted by the finance act, 1976 w.r.e.f. 1st april, 1975, may thus be stated. particularly, as respects provision for taxation and .....Tag this Judgment!
Court : US Supreme Court
Decided on : Nov-30-1993
..... who has unwittingly done something detrimental to the public interest"). 14 but see, e. g., state v. lindberg, 125 wash. 51,215 p. 41 (1923) (applying the public welfare offense rationale to a felony). 618 offender's reputation." morissette, 342 u. s., at 256.15 we have even recognized that it was "[u]nder such considerations" that courts have construed statutes ..... the theory of the public welfare offense. in this view, absent a clear statement from congress that mens rea is not required, we should not apply the public welfare offense rationale to interpret any statute defining a felony offense as dispensing with mens rea. but see united states v. balint, 258 u. s. 250 (1922). we need not adopt such a .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-11-1993
Reported in : 85CompCas281(Kar); ILR1993KAR2446; 1993(3)KarLJ312
..... rules appear to have been framed nor any guideline framed by the corporation was placed, yet the basic philosophy enshrined in section 24 has to be kept in mind. the rationale of action and motive in exercise of it has to be judged in the light of it. lack of reasonableness or even fairness at either of the two stages renders ..... rules appear to have been framed nor any guideline famed by the corporation was placed, yet the basic philosophy enshrined in section 24 has to be kept in mind. the rationale of action and motive in exercise of it has to be judged in the light of it. lack of reasonableness or even fairness at either of the two stages renders .....Tag this Judgment!
Court : Chennai
Decided on : Jun-25-1993
Reported in : (1994)1MLJ432
..... the above view, i have no hesitation in interfering with the proceedings of the council and to direct the respondents to redetermine the rate of fee keeping in view the rationale and after affording an opportunity of being heard to the petitioners so as to comply with the requirements of the principles of natural justice. in the result, the writ petitions ..... for the municipality in fixing rates for stall-holders to have a definite and clear basis for the determination and fixation of the fee meaning there should always be a rationale behind the fixation of the fee otherwise it will be arbitrary and discriminatory. it is possible to take into account the location of the stall and the size and look .....Tag this Judgment!