Court : Allahabad
Decided on : Feb-06-1995
Reported in : 1996CriLJ665
..... decided on october 27, 1993, of which m. katju, j. was a member.36. strong reservations were expressed by bahuguna, j. in ajai singh's case to the rationale of the judgments in ganesh chandra bhatt, 1993 (30) acc 204 and devendra pratap singh's cases (supra) civ. misc. writ pet. no. 29963 of 1993, d ..... where, as pointed out earlier, it was held that there could be post-decisional hearing for suspension or revocation of the licence. this being so, the rationale thereof was clearly binding upon the learned single judge and yet, its correctness is being sought to be put under cloud. this is where the principle of binding ..... 1481 : 1990 cri lj 409 (supra) it had been held that a gun licence could be suspended during proceedings for its cancellation. it. was on this rationale that the learned judge concluded with the observations 'i am of the respectful opinion that the two full bench decisions in c.p. sahu's case : air1985all291 ..... of the superior courts and of larger benches have to be followed unhesitatingly whatever doubts one may individually entertain about their correctness. the rationale for this is plain because to seek a universal intellectual unanimity is an ideal too utopian to achieve. consequently, the logic and the ..... the ratio of a larger bench is rested, are not matters open for reconsideration. negatively put, therefore, the challenge to the. rationale and reasoning of a larger bench is not a valid ground for unsettling it and seeking a re-opening and re-examination of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-17-1995
Reported in : AIR1995SC691; 1995(1)ALT44(SC); (1995)97BOMLR248; (1995)1GLR848; JT1995(1)SC423; 1995(1)KLT311(SC); 1995(1)SCALE181; (1995)1SCC732; 1SCR304; 1995(1)LC344(SC)
..... the age of 45 years and under the impugned rule they are not debarred from practising. therefore, in the first place there is no dependable material in support of the rationale on which the rule is founded and secondly the rule is discriminatory as it debars one group of persons who have crossed the age of 45 years from enrolment while ..... which they are prepared to stoop to any levels which has a very negative influence on young minds who join the profession after graduation. can the restriction imposed on this rationale be sustained? that is the short question.6. we have briefly noticed the relevant provisions of the act in the earlier part of this judgment. we may now briefly indicate ..... support of the rule impugned before us.5. it is clear from the above averments found in the counter filed on behalf of the bar council of india that the rationale is that the profession of law being a pious and honourable profession, its main object being service of mankind by serving the system of administration of justice, it is the .....Tag this Judgment!
Court : Delhi
Decided on : Sep-01-1995
Reported in : 1995IVAD(Delhi)285; 60(1995)DLT597; 1995(35)DRJ434
..... special army instruction 4/s/74 is not retrospective, to my mind, is without force. the question is not whether this instruction is prospective or retrospective but what was the rationale nexus for depriving the officials like the petitioner vide para 5 of afi.142/62. from the facts which have come on record, it appears that this instruction was issued ..... to show as to why the same airman when undergoes training at indian military academy should be deprived of the same benefit. on account of this discrimination which had no rationale the army authority issued instruction no.4/s/74 which is reproduced as under: 4/s/74.grant of regular commission in the army through the indian military academy, dehra ..... of the state must satisfy the test and standard of reasonableness. there is no intelligible differentia which distinguishes officials like the petitioner from other individuals similarly placed. there is no rationale differentia, nexus between such persons. to deprive a class as a whole from the benefit which if the member of that class of having taken training under naval or air ..... said instruction, the said instruction was made inapplicable to petitioner because the petitioner underwent training at ima. this condition in para no.5, petitioner says is arbitrary and without any rationale. para no.2 of the said instruction clearly provides that it would apply to the cadets at the national defense academy or naval and air force establishments. they will receive .....Tag this Judgment!
Court : Delhi
Decided on : Sep-29-1995
Reported in : ILR1996Delhi175
..... said instruction, the said instruction was made inapplicable to petitioner because the petitioner underwent training at ima. this condition in para no. 5 petitioner says is arbitrary and without any rationale. para no. 2 of the said instruction clearly provides that it would apply to the cadets at the national defense academy or naval and air force establishment. they will receive ..... to show as to why the. same airman when. undergoes training at indian military academy should be deprived of the same benefit. on account of this discrimination which had no rationale the army authority issued instruction no. 415174 which is reproduced as under :- 4/s/74. grant of regular commission in the. army through the indian military academy, dehra dun. a ..... special army instruction 4/s/74 is not retrospective, to my mind, is without force. the question is not whether this instruction is prospective or retrospective but what was the rationale nexus for depriving the officials like the petitioner vide para 5 of af1.142/62. from the facts which have come on record, it appears that this instruction was issued .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-06-1995
Reported in : ILR1996KAR2991
..... 1991-92, which almost double the rate adopted in the years 1992-93 to 1994-95. some good reasons must have been set forth by the state government supporting the rationale adopted in fixing such fee. unless good reasons are forthcoming, the action of the state cannot be stated to be supported by reason or informed by reason. therefore, we find ..... -92 the same was reduced with effect from 1.7.1992 to rs. 2,50,000/- in respect of distilleries which manufacture any spirit out of molasses. there was no rationale in fixing of this fee for in the previous year it was only rs. 2 lakhs and in the subsequent years it was only rs. 2.5 lakhs while only .....Tag this Judgment!
Court : Chennai
Decided on : Apr-06-1995
Reported in : AIR1996Mad442
..... fact which will have to be decided in each case on the circumstances disclosed and on the nature and auality of the evidence adduced.'if the bequest is reasonable and rationale in character, the allegation of suspicious circumstance loses much of its importance.42. the same high court, namely, the andhra pradesh high court, in another division bench judgment reported in ..... the basis of which a finding regarding the genuineness of a will has to be arrived at. it also follows that if the provisions of the will are natural and rationale in character, the question of challenging the will on the above grounds loses much of its importance. further, if the testator himself has explained the reason why he does not .....Tag this Judgment!
Court : Delhi
Decided on : Dec-06-1995
Reported in : 1995IVAD(Delhi)1049; 1996(36)DRJ545
..... ; kishore singh vs . state of rajasthan : 1981crilj17 ; rakesh kaushik vs . state : 1981crilj1438 ; charles sobraj vs . supdt. jail, tihar : 1978crilj1534 ; t.v. vathees-wardn v. state of tamil nadu. since the rationale of court sentence is social in defense coupled with personal correction, it is the continuing responsibility of the court to ensure that the penological purpose of sentence is not defeated .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-1995
Reported in : 55ITD357(Delhi)
..... , bullion, buildings and lands owned by such companies'. he further invited our attention to the memorandum explaining the provisions of finance bill, 1988, wherein it is mentioned as under :-'the rationale underlying the revival of levy of wealth-tax on companies was to curb the tendency of avoidance of personal wealth-tax liability by forming closely-held companies and transferring the .....Tag this Judgment!
Court : Kerala
Decided on : Apr-10-1995
Reported in : (1996)IILLJ1072Ker
..... are also excluded.8. mr. jayaprakash sen contends that equal pay for equal work is the constitutional mandate and that right cannot be denied to the petitioners. there is no rationale in discriminating against direct recruits and excluding them from the benefit of ext. p1. he relies upon a series of decisions. on the other hand the management contends that ext .....Tag this Judgment!
Court : US Supreme Court
Decided on : Oct-11-1995
..... interest in preventing "indignity" as the "very object and purpose of the [eleventh] amendment." in re ayers, 123 u. s., at 505. that, of course, is an "embarrassingly insufficient" rationale for the rule. see puerto rico aqueduct and sewer authority v. metcalf & eddy, inc., 506 u. s. 139 , 151 (1993) (stevens, j., dissenting). moreover, i find unsatisfying justice ..... decisis require our continuing adherence to its holding. the decision has, since its issuance, been of questionable precedential value, largely because a majority of the court expressly disagreed with the rationale of the plurality. see nichols v. united states, 511 u. s. 738 , 746 (1994) (the "degree of confusion following a splintered decision ... is itself a reason ..... , 427 u. s. 445 (1976), that congress could under the fourteenth amendment abrogate the states' sovereign immunity was also, we believe, misplaced. fitzpatrick was based upon a rationale wholly inapplicable to the interstate commerce clause, viz., that the fourteenth amendment, adopted well after the adoption of the eleventh amendment and the ratification of the constitution, oper- 66 ..... to abrogate, that statement is made solely in order to emphasize the broad scope of congress' authority over interstate commerce. id., at 19-20. moreover, respondents' rationale would mean that where congress has 10 respondents also contend that the act mandates state regulation of indian gaming and therefore violates the tenth amendment by allowing federal officials to .....Tag this Judgment!