Court : Gujarat
Decided on : Jan-25-2002
Reported in : (2003)1GLR205
..... the social conscience of its rulers and its people.5. related to the welfare theory is the theory of 'mercy of the government'. under this rationale, it is argued that the state has the power to deal mercifully with certain individuals. thus, it may, by legislative grace, grant compensation to ..... to protect the individual it has broken its agreement, and should thus be liable for damage done to the victim of crime. such a rationale will argue for the most liberal type of compensation programme, in principle a citizen has a right to advance claim against the state for ..... their being victims society has an obligation to compensate the victim for that failure of protection. it would be worthwhile to refer the deterrent rationale for introducing of compensation scheme projects and programmes in the penal process suggested and advocated by learned author mr. rajan ' [victimology in india]1 ..... has also been observed that judicial responses have often been not very positive and therefore, it is not surprising to observe that the logically and rationale for enhancement and implementation of victims rights and the criminal justice system most frequently proceeds from and not legally on judicial sources. it is ..... so also, the judicial response has, far been not very happy. it is, therefore, not opposing to observe that the rationale for enhancement of victims rights in the criminal justice system must frequently proceed from a non-legal base. following aspects are some of the important and .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-14-2002
Reported in : 2002(5)ALD687
..... . in other words, principle of constructive res judicata is a point which ought to be taken, if not taken, could also be covered by the principle of res judicata. the rationale behind the principle of constructive res judicata is that unless as aforesaid is done, a party for the same relief, may seek his redressal on few grounds and being unsuccessful ..... or rationale could not be treated as a law declared to have a binding effect under article 141 of the constitution. in state of u.p. v. synthetics and chemicals limited, : 1993 ..... order of the supreme court operates as a binding precedent and, therefore, it would attract the provisions of article 141 of the constitution of india. firstly, ratio decidendi is a rationale of the judgment and order of a court and not the relief granted by such court. it is well settled that any conclusion of the court not preceded by reasoning .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-29-2002
Reported in : 2003(1)BomCR363
..... programme. this tie and this allegiance is what confers predictability on the functioning of representative bodies, and without this predictability, governments formed by parties cannot be strong and stable. the rationale of parliamentary system being to provide a stable government by a party and its representatives committed to policies endorsed by electorates to the extent the conduct of a representative ignores ..... this rationale, he fails in his duty and obligation.'29. in prakash singh badal v. union of india a.i.r. 1986 p&h; 263, the full bench of punjab & haryana high .....Tag this Judgment!
Court : Delhi
Decided on : Jan-24-2002
Reported in : 96(2002)DLT837; 2002(62)DRJ34
..... made is two-fold. one is for ex-serviceman as officers, who are proprietors/owners to manage the agency, secondly the agency must employ 90% ex-servicemen. there is no rationale or basis to quash the reservation in respect of officers. this challenge has to fail. 7. writ petitions stand disposed of in the above terms.Tag this Judgment!
Court : Delhi
Decided on : Mar-08-2002
Reported in : 2002IIIAD(Delhi)1009; 98(2002)DLT1; 2002(63)DRJ389
..... the aforesaid decision of the supreme court it is not open to the petitioners to urge that the classification based on qualification is discriminatory and is not based on any rationale basis. learned counsel appearing for the petitioner has invited our attention to the judgment of the supreme court in r.l. bansal and others v. union of india and others .....Tag this Judgment!
Court : Delhi
Decided on : May-08-2002
Reported in : (2002)176CTR(Del)1; 122TAXMAN897(Delhi)
..... 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.41. referring to quinn v. leathain (1990-1993) aer (rep. 1), krishna kumar v. union of india : (1991)illj191sc , cit v. sun engg. co. ltd. : 198itr297 ..... dias on jurisprudence, fifth edition at page 143, it is statedpronouncements 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 .....Tag this Judgment!
Court : Kerala
Decided on : Jan-31-2002
Reported in : (2002)176CTR(Ker)268; 258ITR679(Ker)
..... next contended that the levy is discriminative and hit by article 14. elaborating the contention, the learned counsel urged that there are several persons practising different professions. there is no rationale or reason why several other professionals are kept out of the tax net, and only certain professionals like practising chartered accountants, practising cost accountants etc. are subjected to levy of ..... of india (supra) observed:'47. but with all this latitude certain irreducible desiderata of equality shall govern classifications for differential treatment in taxation laws as well. the classification must be rationale and based on some qualities and characteristics which are to be found in all the persons grouped together and absent in the others left out of the nexus with the .....Tag this Judgment!
Court : Gujarat
Decided on : Dec-11-2002
Reported in : (2003)2GLR1343
..... failed to act in the way it did. now, that compensation can be awarded against public authorities for violation of fundamental rights in exercise of their powers, there is no rationale for any wide exclusionary rule for such liabilities.23. the tort of misfeasance in public office has two forms, which are the alternative ways in which such tort can be ..... purported exercise of a power otherwise than in an honest attempt to perform the relevant duty. it is that lack of honesty which makes act an abuse of power. the rationale of this tort of misfeasance in public office is that in a legal system based on rule of law, executive or administrative power may be exercised only for the public .....Tag this Judgment!
Court : Jharkhand
Decided on : Nov-27-2002
Reported in : [2003(1)JCR353(Jhr)]
..... legislative assembly election of the year 1995, i.e., much prior to the appointment of the petitioner.7. the aforesaid stand of the respondents is totally unreasonable, illegal, without any rationale and cannot be accepted by this court.8. this court is also satisfied that the order of cancellation of appointment must also be quashed not only because it is a ..... one lined order without any reasons but also because it is unreasonable and without any rationale. in fact no notice whatsoever appears to have been given to the petitioner prior to the issuance of the aforementioned order. the reasons assigned in the counter affidavit as has .....Tag this Judgment!
Court : Delhi
Decided on : Feb-22-2002
Reported in : 2002VIAD(Delhi)38; 97(2002)DLT602; 2002(64)DRJ209; (2002)IILLJ1048Del
..... after 1st november, 1993 were granted pension while those who had been compulsorily retired before this date (like the appellant) were denied pension. according to the appellant, there was no rationale in fixing the cut-off date of 1st november, 1993. the learned single judge disagreed and concluded that the date of 1st november, 1993 had not been arbitrarily fixed by ..... basis and any division which classified them into two groups by introducing a cut-off date would ordinarily violate the principle of equality in treatment unless there is a 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 .....Tag this Judgment!