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Judgment Search Results Home > Cases Phrase: rationale Year: 2003 Page 1 of about 734 results (0.011 seconds)

Feb 14 2003 (HC)

Aig (Mauritius) Llc Vs. Tata Televentures (Holdings) Ltd. and anr.

Court : Delhi

Decided on : Feb-14-2003

Reported in : 2003IIAD(Delhi)672; 103(2003)DLT250

..... takeover by an outsider. this premise is very doubtful. the party which is to gain from the takeover bid is one and the same i.e the tata group. the rationale behind section 395 of the act is totally negated by virtue of what i see as incestuous transactions between the two tata siblings, nay clones. if, by such machinations, the ..... ., : air1957mad341 ). in my view it is extremely important that the 90 per cent majority should comprise of different and distinct persons since this would then fall in line with the rationale of the section and justify overriding the rights and interests of the dissentients. it is also imperative that this majority should not be same as the party seeking to acquire ..... petitioner in the merged entity to be a three way venture .....'. two aspects must be underscored forthwith. firstly, that there was perceived to be a tata group, thus negating the rationale behind the 90 per cent stipulation in the said section. secondly, that the scheme of amalgamation/ reconstruction could have, and should have, contemplated the ouster of the petitioner at that ..... 637-638 and in re sussex brick co. ltd. [1960] 2 w.l.r. 665: [1960] 1 all e.r. 772. the question that arises is whether there is any rationale in the prescribed percentages, dependent upon the gravity of the measures to be effected. in my opinion, it is not legally odious to expect a minuscule group to fall in .....

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Sep 10 2003 (HC)

Sukhram Singh Vs. State of Bihar (Now Jharkhand) and ors.

Court : Jharkhand

Decided on : Sep-10-2003

Reported in : [2003(4)JCR457(Jhr)]

..... jharna was available. therefore, the rate of the land under acquisition of village jharna fixed by the collector on the basis of the sale figure of village patrakulhi has its rationale and it cannot be said in the facts and circumstances of this case that the market price of the land under acquisition has been incorrectly and illegally ascertained and it ..... acquired under ext. 2 is fit for building a house thereon and that is why the rate of this land is rs. 250/- per katha. therefore, ext. 2 cannot be rationale of a reasonable basis for determining the market price of the land under acquisition which is either agricultural land of different classification or parti land. therefore, the learned court has ..... . 45,000/- per acres and ail land is rs. 40,000/- per acre and the classification of the land under acquisition has not been made correctly and there is no rationale for the respondent-state to determine the rate of awarding compensation of the land under acquisition and it has been settled by plethora of judicial pronouncements of this court as .....

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Jul 24 2003 (HC)

Accountant General Vs. Kunjamma

Court : Kerala

Decided on : Jul-24-2003

Reported in : 2003(3)KLT345

..... , under rule 5a (note 2) as noticed above, in case of extension, the actual date of retirement is reckoned as the date of retirement on superannuation. thus, the reasoning and rationale adopted by the division bench does not appear to be tenable. resultantly, we are unable to accept the correctness of the view taken by the bench. it is, consequently, overruled ..... interest of the pupils. it is with that intention that the provision in rule 60(c) was made. this reasoning of the bench is absolutely correct. that is clearly the rationale of the rule. however, despite this, the bench took the view that if the claim of the teacher was accepted 'there will be two sets of government employees and teaching ..... , the benefit of the scale of pay as revised from march 1, 1997 shall be admissible. why should it be denied to only a teacher? there appears to be no rationale for treating a section of the employees viz., the teachers differently from the others.13. faced with this situation, mr. roy chacko has placed reliance on the decision of the .....

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Jul 24 2003 (HC)

Accountant General Vs. Neelakantan Nair

Court : Kerala

Decided on : Jul-24-2003

Reported in : 2003(3)KLT525

..... , under rule 5a (note 2) as noticed above, in case of extension, the actual date of retirement is reckoned as the date of retirement on superannuation. thus, the reasoning and rationale adopted by the division bench does not appear to be tenable. resultantly, we are unable to accept the correctness of the view taken by the bench. it is, consequently, overruled ..... interest of the pupils. it is with that intention' that the provision in rule 60(c) was made. this reasoning of the bench is absolutely correct. that is clearly the rationale of the rule. however, despite this, the bench took the view that if the claim of the teacher was accepted 'there will be two sets of government employees and teaching ..... , the benefit of the scale of pay as revised from march 1, 1997 shall be admissible. why should it be denied to only a teacher? there appears to be no rationale for treating a section of the employees viz. the teachers differently from the others.13. faced with this situation, mr. roy chacko has placed reliance on the decision of the .....

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Jul 08 2003 (HC)

K. Ananda Reddy Vs. Appsc and ors.

Court : Andhra Pradesh

Decided on : Jul-08-2003

Reported in : 2003(6)ALD803; 2003(6)ALT614

..... government at this juncture regarding the vacancies that ought to have been filled through direct recruitment in various other categories of posts, we expect the government to act with due rationale and take up the recruitment process at the earliest after the surplus manpower is adjusted, if not already adjusted and in case, if it is already adjusted, notify the balance ..... the matter at length disposed of the o.a. nos. 7443 of 2000 and batch by a common order dated 21-11-2001 directing the government to act with due rationale and take up the recruitment process at the earliest after the surplus manpower is adjusted, if not already adjusted and in case, if it is already adjusted, notify the balance .....

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Mar 04 2003 (HC)

Commissioner of Wealth Tax Vs. Cosmopolitan Hospitals (P) Ltd.

Court : Kerala

Decided on : Mar-04-2003

Reported in : (2003)185CTR(Ker)111; [2004]265ITR312(Ker)

..... company, the value of only specified assets like building, land (other than agricultural land), gold, silver, platinum, ornaments or utensils made of gold, silver, etc. are taken into account.the rationale underlying to 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 ..... with the intention behind the enactment, i.e., to discourage closely-held companies keeping buildings as unproductive assets.'it was further held as follows :'so we do not see the rationale behind denying exemption on a hospital building used by the assessee for the purpose of its business used by the assessee mainly for the welfare of the low paid employees .....

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Mar 10 2003 (SC)

N.T.R. University of Health Sciences, Vijaywada Vs. G. Babu Rajendra P ...

Court : Supreme Court of India

Decided on : Mar-10-2003

Reported in : AIR2003SC1947; 2003(5)ALT82(SC); 2003(3)SCALE54; (2003)5SCC350; [2003]2SCR781

..... be justified subject to discharging the burden of proving justification in favour of the class which must be educationally handicapped--the reservation geared up to getting over the handicap. the rationale of reservation in the case of medical students must be removal of regional or class inadequacy or like disadvantage. even there the quantum of reservation should not be excessive or .....

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Jan 14 2003 (HC)

Kamal Kumar Modi and anr. Vs. Krishan Saigal

Court : Delhi

Decided on : Jan-14-2003

Reported in : AIR2003Delhi349; 104(2003)DLT208; 2003(68)DRJ290; (2003)134PLR6

..... the court. moreover it is not understandable how cross-examination of a plaintiff's witness was relevant or crucial for the examination-in-chief of the defendants witness. because the rationale behind cross-examination was to test the veracity of deposition made in the examination in chief. thereforee, examination-in-chief of a defendant's witness had nothing to do with .....

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Oct 22 2003 (HC)

Kochaniyan Vs. CochIn Port Trust

Court : Kerala

Decided on : Oct-22-2003

Reported in : 2004(1)KLT166

..... 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 .....

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Oct 29 2003 (SC)

State of U.P. Vs. Ram Bahadur Singh and ors.

Court : Supreme Court of India

Decided on : Oct-29-2003

Reported in : 2003(9)SCALE333; (2004)9SCC310

..... . mahanti. one injury was incised wound on the top of the head in intra-parital region scalp deep and there were other lacerated injuries. the prosecution could not give any rationale explanation as to how the accused bhanu pratap singh sustained these injuries. moreover, according to prosecution there were two gun shot injuries at the instance of the bhanu pratap singh .....

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