Skip to content


Judgment Search Results Home > Cases Phrase: rationale Year: 2006 Page 1 of about 797 results (0.011 seconds)

Jun 12 2006 (HC)

B. Mahadevaiah S/O Late Basappa Vs. State of Karnataka, Rep. by Its Re ...

Court : Karnataka

Decided on : Jun-12-2006

Reported in : 2006(6)KarLJ672

..... following:reasons9. the full bench decision of this court in gururaj gurunath govind rao mutalik desai's case has clearly laid down that the full bench cannot subscribe to that rationale in srimanmaharaja niranjan jagadguru mallikarjuna murugarajendra mahaswamy's case reported in ilr 1986 kar. 1059 and has observed as follows in para-16 of the judgment'in srimanmaharaja niranjana jagadguru ..... pointed out therein that the expression rendering an appellate authority as final would be rendered otiose, if it were a subject matter for revision. but we cannot subscribe to that rationale, with respect, because where an order of authority is rendered final whether the same is subject to further revision should be understood in the light of the decisions of the ..... said observations only to contend that revision lies.12. it is clear from the observations culled out above that the full bench has held that it cannot subscribe to the rationale in the decision in : ilr1986kar1059 that when the order passed in appeal is final no revision lies and it has been held that the same has to be considered under .....

Tag this Judgment!

Oct 24 2006 (HC)

Yanala Malleshwari and ors. Vs. Ananthula Sayamma and ors.

Court : Andhra Pradesh

Decided on : Oct-24-2006

Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)

..... expansion or modification. practices, which are considered perfectly normal at one time have today become obnoxious and oppressed to public conscious. it was further opined that if there is no rationale public policy, then the court must in consonance with the public conscious, with public good and public interest, declare such practice to be opposed public policy and that the courts ..... marks : air1999sc22 . there is justification for the principle. clive lewis in 'judicial remedies in public law' (first edition 1992, sweet & maxwell, pp. 229 and 230), explained the rationale for the principle as under.the rationale for the exhaustion of remedies principle is relevant to the scope of that principle. a two-fold justification has been put forward. first, that where parliament has .....

Tag this Judgment!

Mar 03 2006 (HC)

Commissioner of Sales Tax Vs. Hari and Company

Court : Mumbai

Decided on : Mar-03-2006

Reported in : [2006]148STC92(Bom)

..... the execution of the works contract, notwithstanding that the value may represent a small percentage of the amount paid for the execution of the works contract.27. applying the said rationale, the contention about the use of paper and ink being incidental or accessory to the execution of the works contract cannot be sustained. the value of the goods transferred is ..... the said judgment dealt with the customs act, 1962 and would hence not apply to the present case.26. we do not agree with this contention. in our opinion the rationale behind the forty-sixth amendment of the constitution of india was effectively exemplified in the acc case [2001] 124 stc 59 and it would be binding inasmuch as the said .....

Tag this Judgment!

Apr 18 2006 (HC)

Union of India (Uoi) and ors. Vs. S.S. Bawa and anr.

Court : Punjab and Haryana

Decided on : Apr-18-2006

Reported in : (2006)143PLR590

..... airways. in this modern age of computerization, even otherwise, journeys by airlines, even belonging to private companies, can be very well verified. we are at a loss to understand the rationale of denying ltc concession on the ground that journeys undertaken by private airlines are not recognized. is govt. of india trying to promote monopoly of an airline which is called ..... . once it is accepted that private airlines are offering same quality of service, if not better service than the national airlines and at more competitive fares, there would be no rationale in limiting the air travel of the employees to national carriers. in our opinion, such a clause would be clearly violative of article 14 of the constitution of india. there .....

Tag this Judgment!

Jan 24 2006 (SC)

Rameshwar Prasad and ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jan-24-2006

Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1

..... order nisi to find the action is wholly irrelevant or bears no nexus between purpose of the action and the satisfaction reached by the president or does not bear any rationale to the proximate purpose of the proclamation. in that event, the court may declare that the satisfaction reached by the president was either on wholly irrelevant grounds or colourable exercise ..... fathers may be noted.98. articles 355 and 356 of the constitution set the tenor for the precedence of the union over the states. it has been explained that the rationale for introducing article 355 was to distinctly demarcate the functioning of the state and union governments and to prevent any form of unprincipled invasions by the union into the affairs .....

Tag this Judgment!

Feb 23 2006 (HC)

Kodepaka Narsaiah Vs. Dandi Narasimha and ors.

Court : Andhra Pradesh

Decided on : Feb-23-2006

Reported in : 2006(2)ALD716

..... be bad for technical reasons it becomes operative from the date the decision was given by the trial court thus rendering any adjudication on merits impliedly unnecessary. on the same rationale, once the royal court of appeal allowed the review petition and dismissed the appeal as the ex-communication of dionysius was contrary to principles of natural justice and he had ..... appeal in that suit had put an end to any finality in the decision of the first court, and had not led to a decision on the merits.47. the rationale of these decisions is founded on the principle that if the suit was disposed of in appeal not on merits but for want of jurisdiction or for being barred by .....

Tag this Judgment!

Jun 16 2006 (HC)

Microsoft Corporation Vs. Deepak Raval

Court : Delhi

Decided on : Jun-16-2006

Reported in : LC2007(1)72

..... compensatory as well as punitive damages are to be awarded. the justification for award of compensatory damages is to make up for the loss suffered by the plaintiff and the rationale behind granting punitive damages is to deter a wrong doer and the like-minded from indulging in such unlawful activities. this is more so when an action has criminal propensity .....

Tag this Judgment!

Jan 03 2006 (HC)

Ram Jethmalani Vs. Subramaniam Swamy

Court : Delhi

Decided on : Jan-03-2006

Reported in : AIR2006Delhi300; 126(2006)DLT535; 2006(87)DRJ603

..... is designed to protect expression made for the public good. protection of qualified privilege is lost if actual malice is established. in public interest, absolute privilege is a complete defense. rationale of absolute privilege being restricted to court proceedings or proceedings before tribunals which have all the trappings of a civil court and parliamentary proceedings is that if threat of defamation ..... defendant.97. whether the defendant made the offending statements in good faith and whether active malice has been proved i would prefer to answer the twin questions by following the rationale and reasoning of lord dunedin in the decision reported as 1917 ac 309, adam v. ward, as observed at page 327 of the report : if the defamatory statement is quite .....

Tag this Judgment!

Dec 05 2006 (HC)

National Bank for Agriculture and Rural Development (Nabard) Vs. Ram N ...

Court : Rajasthan

Decided on : Dec-05-2006

Reported in : RLW2007(1)Raj675

..... basis and any division which classified them info 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 ..... reitrees to the extent the benefit of the pension scheme is allowed with reference to a cut-off date. in the above case what was directly under challenge was the rationale of the cut-off date viz. 1.1.1986. in the instant case too, in substance, a similar dispute is involved. exclusion in effect means that those who retired on .....

Tag this Judgment!

Feb 23 2006 (HC)

Kodepaka Narsiah Vs. Dandi Narasimha and ors.

Court : Andhra Pradesh

Decided on : Feb-23-2006

Reported in : 2006(2)ALT750

..... be bad for technical reasons it becomes operative from the date the decision was given by the trial court thus rendering any adjudication on merits impliedly unnecessary. on the same rationale, once the royal court of appeal allowed the review petition and dismissed the appeal as the excommunication of dionysius was contrary to principles of natural justice and he had not ..... appeal in that suit had put an end to any finality in the decision of the first court, and had not led to a decision on the merits. 47. the rationale of these decisions is founded on the principle that if the suit was disposed of an appeal not on merits but for want of jurisdiction or for being barred by .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //