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Judgment Search Results Home > Cases Phrase: rationale Year: 1998 Page 1 of about 521 results (0.006 seconds)

Feb 06 1998 (HC)

State of Tamil Nadu Vs. Krishna Oil Mills

Court : Chennai

Decided on : Feb-06-1998

Reported in : [2003]133STC347(Mad)

..... to be paid to the said lorry owner, who happened to transport the groundnut oil to the dealer at bombay.17. this sort of a rationale or reasoning, as projected by the tribunal is definitely a pointer to make it appear that the tribunal did not at all apply its mind ..... making assessment on the turnover. therefore, the assessment made at 10 per cent on a turnover of rs. 2,53,414 is cancelled.'16. the rationale or reasonings, as projected by the tribunal in cancelling the assessment is quite contra even to the puerile explanation trotted out by one of the partners ..... 13. unfortunate it is that the tribunal, while reversing the orders of the authorities below, did not at all advert to as to how the rationale or reasoning, as projected by the assessing authorities below were not amenable to reason and therefore could not be accepted. it is not incumbent for ..... despatched many a time oil through the same lorry or different lorries to the same consignee or different consignees at bombay. this sort of a rationale had also been taken into account by the assessing officer, viewing things from the angle of common sense and the ordinary course of events happening in ..... the assessing officer, in coming to the conclusion, subsequently affirmed by aac, but also it referred to certain rationale or reasoning, not even adverted to by learned counsel appearing for the assessee and the rationale or reasoning, adverted to by the tribunal from the fathom of its imagination reads as under :'3................ .....

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Feb 24 1998 (HC)

ismail Shaikh Ali Vs. State of Maharashtra and Others

Court : Mumbai

Decided on : Feb-24-1998

Reported in : 1998(5)BomCR671; (1998)2BOMLR719; 1998(2)MhLj727

..... activities was so enormous that on account of mere delay in the execution of the order the live-link between his prejudicial activities and the rationale of clamping a detention order on him was not snapped. we went through the grounds of detention and the statement of the detenue recorded under ..... cofeposa act was not genuine. we also feel that on account of it the live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him was snapped.33. we also examined the matter from the perspective of the propensity and potentiality of the ..... of law, that it is not necessary to take recourse to provisions under section 7 of the national security act, for that would be rendering the rationale of having such a provision natatory. when the legislature, in all its wisdom, enacts a provision, it is with the avowed object that it be ..... subjective satisfaction of the detaining authority to preventively detain the detenue but also severs in live-link between the prejudicial activities of the detenue and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be resorted to without undue delay.in ..... upon him.it has also been mentioned that considering the gravity of the incident, the nexus between the prejudicial activities of the detenues and the rationale of clamping a detention order on him was not snapped.the detaining authority has also averred that there was no delay in the service of .....

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Jan 19 1998 (HC)

Ms. Sophia Gulam Mohammed Bham Vs. the State of Maharashtra and Others

Court : Mumbai

Decided on : Jan-19-1998

Reported in : 1999(5)BomCR446; 1999CriLJ2140

..... activities was there then despite the unexplained delay in the issuance of the detention order the live-link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would not be lost and the detention order would not be vitiated.' 37. importing the said legal ratio, the bench of this court ..... in the issuance for of the detention order would be fatal and the same would be vitiated because the live-link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would be snapped. on the converse if there is material to show that the propensity and potentiality of the detenu to commit prejudicial ..... vitiate the same. in such cases, it will only be vitiated if on account of delay the live like sic link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him is snapped. for determining whether such a live link has been severed or not, the propensity and potentiality of the detenu to commit .....

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Oct 05 1998 (HC)

Narayan Madhavji Jat Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Oct-05-1998

Reported in : (1998)100BOMLR596

..... authorities to take recourse to the most effective methods stipulated by law to have the detention order executed, the live link between the prejudicial activities of the detenu and the rationale of clamping the detention order on him has been snapped and the detention order instead of being preventive has become punitive. consequently the detention order has to be set aside ..... the genuineness of the subjective satisfaction of the detaining authority to preventively detain the detenu but also severs the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be resorted to without undue delay.in this connection, we would like .....

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Sep 24 1998 (HC)

Mohammed Ashraf Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-24-1998

Reported in : (1999)101BOMLR775

..... the subjective satisfaction of the detaining authority to detain the detenu under the cofeposa act is vitiated; (b) the live-link between the prejudicial activities of the detenu and the rationale of clamping the detention order on him is snapped; and (c) the detention order which is meant to be preventive has become punitive. for the said reasons this petition has ..... the genuineness of the subjective satisfaction of the detaining authority to preventively detain the detenu but also severs the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. coercive measures like those contained in section 7 are meant to be restored to without undue delay.in the said decision reliance was ..... order shows that the subjective satisfaction of the detaining authority to detain the detenu was not genuine and the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him is snapped.6. ground no. 4(iv) has been replied to in paras 8 and 5 of the returns of the detaining authority .....

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Jul 30 1998 (HC)

Association of Private Educational Institutions (Regd.) Vs. Chandigarh ...

Court : Punjab and Haryana

Decided on : Jul-30-1998

Reported in : AIR1999P& H43; (1998)120PLR454

..... distinction made in the impugned scheme between the government institutions, government affiliated and aided institutions on the one hand and unrecognised/unafft hated institutions on the other hand is quite rationale and justified. as mentioned above, the members of the petitioner cannot claim parity with the government schools and the government aided/recognised schools. this distinction must have weighed with the ..... '17. learned counsel justified the distinction made between recognised and/or aided institutions and unrecognised, unaffiliated and unaided institutions. according to him the distinction is based on a valid and rationale criteria. shri aggarwal pointed out that the coaching and training institutions to whom the petitioner claims torepresent are being run on commercial principles. they charge hefty fee from the stu .....

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Apr 28 1998 (SC)

Tamil Nadu Teachers Association Vs. Association of the Heads of the Go ...

Court : Supreme Court of India

Decided on : Apr-28-1998

Reported in : AIR1998SC2267; 1998(3)SCALE339; (1998)5SCC178; 1988Supp(1)SCC384; [1998]3SCR1; [1988]Supp(1)SCR210

..... 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.'22. in .....

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Nov 18 1998 (HC)

Prakash Maruti Kadam Vs. the City and Industrial Development Corporati ...

Court : Mumbai

Decided on : Nov-18-1998

Reported in : 1999(2)ALLMR528; (1999)101BOMLR554

..... inclusion as an assistant engineer and accordingly the petitioner has been appointed as an assistant engineer from 1.7.1989. at this stage, it may be mentioned that the very rationale of the above resolution was to gradually abolish the cadre of sub-engineers, keeping in mind the restructuring of the engineering cadre on the lines of the government resolution as .....

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Mar 11 1998 (HC)

R. Shankaregouda Vs. the Commissioner of Police, Bangalore

Court : Karnataka

Decided on : Mar-11-1998

Reported in : ILR1998KAR3141; 1998(3)KarLJ494

..... liquor. it was also contended that music over a cup of tea or coffee is different from music over a drink. i have, i must confess failed to appreciate the rationale behind this reasoning which accepts music as gentle, pure and even sacred but suggests that its benign presence can be tolerated only if no liquor is served in the place .....

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Aug 17 1998 (HC)

Committee of Management, J.V. Inter College, Rajupur and Others Vs. De ...

Court : Allahabad

Decided on : Aug-17-1998

Reported in : 1999(1)AWC381

..... passed by the d.l.o.s. on administrative side. the decision in shandar's case, still survives and it cannot be ignored particularly when it is based on perfect rationale of administrative expediency and exigency. the submission of the learned counsel for the petitioners that the deputy director of education--respondent no. 1 was not legally entitled for want of .....

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