Judgment Search Results Home > Cases Phrase: rationale Year: 2001 Page 1 of about 604 results (0.039 seconds)

Smt. Sunita Hanumant Fulore Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2001ALLMR(Cri)794; 2001BomCR(Cri)753; (2001)3BOMLR241; 2001CriLJ2472

..... because delay severs the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. but, where the grounds of detention make it manifest that the propensity and potentiality of the detenu to commit prejudicial activities of the ..... of the detenu, as reflected from the grounds of detention. it is manifest that on account of it, the live link between the prejudicial activities of the detenu and the rationale of clamping a detenion order on him has not been snapped. more than often, it is forgotten that the courts strike down a detention order on the vice of delay ..... view, bearing in mind the propensity and potentiality of the detenu to commit prejudicial activities could not have snapped the nexus between the prejudicial activities of the detenu and the rationale of clamping a detention order on him.10. mr. pitale, learned counsel for the petitioner, strenuously urged that the proposal to detain the detenu in the instant case has proceededat ..... of the detenu to commit similar prejudicial activities. it cannot be said that on account of the delay. the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped. 9. we have examined ground 17(a) and paragraphs 19 and 3 of the return of the detaining authority and .....

Shri Shyam Mangilal Jadhav Vs. M.N. Singh, Commissioner of Police, Gre ...

Court : Mumbai

Reported in : (2001)3BOMLR549; 2001(3)MhLj737

..... , the genuineness of the subjective satisfaction of the detaining authority to detain the detenu has been rendered suspect, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped and the detention order has ceased to be preventive, as it should be in law, and instead has become punitive ..... with mrs. tahilramani's submission that bearing in mind the propensity and potentiality of the detenu to commit similar prejudicial activities, the live link between his prejudicial activities and the rationale of clamping a detention order on him has not been snapped by a mere delay of about four and a half month on the part of the detaining authority in ..... , bearing in mind the propensity and potentiality of the detenu to indulge in similar prejudicial activities in future, the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.5. we have perused the averments contained in ground no. 6(b) of the petition: those contained in para ..... was passed, there is a gap of nearly 41/2 months and on account of the said gap the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped resulting in the detention order being rendered unsustainable in law. to fortify his submission, pleaded in ground no. 6(b .....

Smt. Sharadbhai Shankar More Vs. Shri M.N. Singh, Commissioner of Poli ...

Court : Mumbai

Reported in : 2002BomCR(Cri)23; (2002)104BOMLR413

..... of september, 2000.in such a factual matrix, in our judgment, it cannot be concluded with certainty that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has not been snapped.21. we may also mention that in pradeep paturkar's case (supra), the impugned detention order was founded on ..... looking to the propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between his prejudicial activities and the rationale of clamping a detention order on him has been snapped.mr. b.r. patil, acting public prosecutor for the respondents, submitted that since the live link has not been snapped ..... propensity and potentiality of the detenu to indulge in similar activities in future, it cannot be said that the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him has been snapped.9. we have perused the averments contained in ground no. 8(a) of the petition and those contained in para ..... i.e. on 19th february, 2001, there was an inordinate time - gap of nearly 4 months which severed the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him. it has also been pleaded in ground no. 8(a) that the detaining authority be called upon to disclose and explain to this .....

Danial Latifi and anr. Vs. Union of India

Court : Supreme Court of India

Reported in : 2001VIIIAD(SC)1; AIR2001SC3958; 2001(2)ALD(Cri)787; 2001(4)ALLMR(SC)829; 2001(2)ALT(Cri)327; 2002(50)BLJR745; 2001CriLJ4660; II(2001)DMC714SC; (2002)1GLR531; JT2001(8)SC218

..... legislature took note of certain facts in enacting the law will not be of much materiality.34. in shah bano's case this court has clearly explained as to the rationale behind section 125 crpc to make provision for maintenance to be paid to a divorced muslim wife and this is clearly to avoid vagrancy or destitution on the part of ..... regular payment of alimony to the divorced woman, though it may look ironical that the enactment intended to reverse the decision in shah bano's case, actually codifies the very rationale contained therein.31. a comparison of these provisions with section 125 crpc will make it clear that requirements provided in section 125 and the purpose, object and scope thereof being ..... of these persons to maintain themselves, these provisions have been made the moral edict of the law and morality cannot be clubbed with religion. 3. the argument is that the rationale of section 125 crpc is to of set or to meet a situation where a divorced wife is likely to be led into destitution or vagrancy. section 125 crpc is .....

Bihar Pensioner Samaj and ors. Vs. State of Bihar and ors.

Court : Patna

..... within the exclusive power of the state government depending upon financial impact and in the instant case, there is sound reason in making change in the cut-off date. the rationale behind the said change is the date of implementation of the revised pay-scale according to the agreement reached between the state government and the employees' association with effect from ..... -1997. the benefit of group insurance and the gratuity was also made admissible according to centre. thus, it has rightly been submitted by the learned counsel for the state that rationale behind the said change is the date of implementation of the revised pay-scale. the state government, in my opinion, acted reasonably in specifying 1st april, 1997 as the cut .....

Superintending Engineer, Hcc-i, Cpwd, Hyd. Vs. Tekmalla Raja Sekhar an ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD64; 2001(6)ALT39

..... on jurisprudence, fifth edition at page 143, it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each oilier. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all ..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges.23. in cit v. sun engineering works (p) limited, dr. a.s. anand, j., (as the learned judge then was) stated the law in the following terms .....

Commissioner of Endowments, Andhra Pradesh, Hyd. and anr. Vs. All Indi ...

Court : Andhra Pradesh

Reported in : 2001(6)ALD747; 2001(6)ALT539

..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges.39. referring to quinn v. leathaim, (1990-1903) aer (rep.) 1, krishna kumar v. union of india, : (1991)illj191sc , commissioner of income tax v. sun engineering co ..... on jurisprudence, fifth edition at page 143, it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all .....

Pennar Paterson Limited Vs. State Bank of Hyderabad and ors.

Court : Andhra Pradesh

Reported in : 2001(3)ALT673; [2001]106CompCas338(AP); (2001)3CompLJ379(AP)

..... on jurisprudence, fifth edition at page 143, it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law-quality but are not binding at all ..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges. 21. in c.i.t. v. sun engineering works (p) limited, : [1992]198itr297(sc) , dr. a.s. anand, j (as the learned judge then was) stated the .....

Ram Dhari Singh and ors. Vs. Delhi Vidyut Board

Court : Delhi

Reported in : 2001(63)DRJ620

..... interests within the department. the practice adopted by the dvb, however, runs this rationale aground and defeats its very purpose. thereforee, there must be very strong and unavoidable reasons, to be dealt with specifically and spelt out in detail, that have been found necessary ..... , it also appears that the very purpose of appointing persons on deputation would be defeated if such persons are allowed to continue in the department for long periods. the salutary rationale behind appointments on deputation would be to infuse fresh as well as distinct blood into the department. this would, in large measure, fight against the creation of cliques and vested .....

Klayman Porcelains Limited Vs. Superintending Engineer, Operation, Mah ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD732; 2001(5)ALT274

..... on jurisprudence, fifth edition at page 143, it is stated-pronouncements of law, which are not part of the ratio decidendi are classed as obiter dicta and are not authoritative. rationale and dicta tend to shade into each other. the former have law-quality and are binding on lower courts; dicta, too, have law quality but are not binding at all ..... by courts. indeed dicta of the house of lords or of judges who were masters of their fields, like lord blackburn, may often in practice enjoy greater prestige than the rationale of lesser judges. 70. in cit v. sun engineering works (p) limited, : [1992]198itr297(sc) dr. a.s. anand, j (as the learned chief justice then was) stated the law .....