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Judgment Search Results Home > Cases Phrase: rationale Year: 2008 Page 1 of about 730 results (0.005 seconds)

Sep 15 2008 (HC)

M.P. Transport Workers Federation and ors. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Decided on : Sep-15-2008

Reported in : 2008(5)MPHT374

..... . in the case at hand, the classification has been made between the government sector industries and the non-government industries. there is foundation for the said classification and there is rationale behind the classification between government owned and controlled industries and the industries of the private sector. the other part that certain government industries may be included or the act would ..... . : [1992]2scr780 , their lordships, while dealing with the eligibility criteria, which provide preference to be given to uneducated person over an educated person, came to hold that there is no rationale in adopting such policy and in the absence of any guidelines the selection is entirely left to the whims of the individual officer who holds the interview.41. in premium ..... 14 of the constitution.73. the next submission of the learned counsel for the petitioners fundamentally relates to the absence of rationale paradigm and restriction of industrial philosophy and absence of uniform policy in respect of labour law without any rationale or justification. we have already referred to the industrial philosophy under the central act. in the counter affidavit it has been .....

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Jul 31 2008 (HC)

E. Shankar Reddy S/O. E. Nagi Reddy, Inspector of Police Vs. P. Ramase ...

Court : Andhra Pradesh

Decided on : Jul-31-2008

Reported in : 2008(6)ALT738

..... arise.8. sri j. sudheer, learned special government pleader appearing for the official respondents, contended that the government can change its stand as per the advise as well as the rationale of the situation. in this regard, he relied upon the judgment reported in p. nallammal v. state : 1999crilj3967 whereunder it was held as follows:7. union of india was made ..... were transferred and posted as sis (civil), whereas now a different stand is sought to be taken stating that the state government can take such a stand while accepting the rationale adopted by the tribunal, on advice.4. further, the legislative intendment was given effect to in the earlier judgment as it does not offend rule 15(c) of the special .....

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Apr 16 2008 (SC)

Satyawati Sharma (Dead) by Lrs. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Apr-16-2008

Reported in : AIR2008SC3148; 2008(3)ALD147(SC); 2008(56)BLJR1811; 148(2008)DLT705(SC); JT2008(5)SC376; 2008(6)SCALE325; (2008)5SCC287; 2008(3)ICC326; 2008(3)Supreme37; 2008AIRSCW3324; 2008AIRSCW3324; 2008(3)ICC326; 2008(3)Supreme37

..... validity of such legislation may have been upheld at a given point of time, the court may, in subsequent litigation, strike down the same if it is found that the rationale of classification has become non-existent. in state of madhya pradesh v. bhopal sugar industries : [1964]52itr443(sc) , this court while dealing with a question whether geographical classification due to ..... provision cannot be treated intra vires article 14 of the constitution by applying any rational criteria. 29. it is trite to say that legislation which may be quite reasonable and rationale at the time of its enactment may with the lapse of time and/or due to change of circumstances become arbitrary, unreasonable and violative of the doctrine of equity and .....

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Jul 11 2008 (HC)

Pemba T. Bhutia Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Jul-11-2008

Reported in : 152(2008)DLT500

..... 5(b) and (c) of the advertisement in respect of candidates who had acquired m.phil degree or submitted the ph.d thesis are totally unjust and based on no rationale, inasmuch as, it amounts to creation on an artificial class amongst the eligible candidates though similarly situated, i.e., having obtained m.phil degree after 31-12- 1992, or having ..... , and those who had been allocated to group `a' service/post as a result of the earlier cse, were allowed to jump to ias, ifs and ips services/posts. the rationale behind the unamended rule 18, it appears, was that the candidate should make a substantial improvement to be able to move on to a different level of services/posts and .....

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Apr 01 2008 (HC)

Dr. Shekhar Seth Vs. M.P. State Bar Council

Court : Madhya Pradesh

Decided on : Apr-01-2008

Reported in : 2008(5)MPHT42

..... advice v. bar council of india and anr. (supra) has held as under in paragraph 13:13. the next question is, is the rule reasonable or arbitrary and unreasonable? the rationale for the rule, as stated earlier, is to maintain the dignity and purity of the profession by keeping out those who retire from various government, quasi-government and other institutions ..... the age of 45 years and under the impugned rule they are not debarred from practicing. therefore, in the first place there is no dependable material in support of the rationale on which the rule is founded and secondly the rule is discriminatory as it debars one group of persons who have crossed the age of 45 years from enrollment while .....

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May 19 2008 (HC)

Shama Kaur and ors. Vs. Delhi Transport Corporation and ors.

Court : Delhi

Decided on : May-19-2008

Reported in : 2008ACJ2453

..... age and based on testimony of witness hc chandulal, pw 2, came to the conclusion that he would retire at the age of 58 years. apart from this, no other rationale is provided. mr. o.p. goyal, has perhaps rightly called upon this court to look for guidance, to the second schedule to the act for determining fair and reasonable multiplier ..... time of accident was 54 years of age and he was to retire at the age of 58, a multiplier of 4 stood to reason. thus according to him the rationale for applying a multiplier of 4 was both evident as well as just.23. on this aspect, the second submission of mr. haque was that the appellants could not take .....

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Aug 19 2008 (HC)

Mangala Ram Vs. Bar Council of Rajasthan and ors.

Court : Rajasthan

Decided on : Aug-19-2008

Reported in : RLW2009(1)Raj609; 2009(3)SLJ160(Raj)

..... 14 of the constitution of india and held in para 13 of the judgment as under:13. the next question is, is the rule reasonable or arbitrary and unreasonable? the rationale for the rule, as stated earlier, is to maintain the dignity and purity of the profession by keeping out those who retire from various government, quasi-govemment and other institutions ..... the age of 45 years and under the impugned rule they are not debarred from practising. therefore, in the first place there is no dependable material in support of the rationale on which the rule is founded and secondly the rule is discriminatory as it debars one group of persons who have crossed the age of 45 years from enrolment while .....

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May 23 2008 (HC)

State of Assam and ors. Vs. Pradyut Kumar Choudhury and ors.

Court : Guwahati

Decided on : May-23-2008

..... 'very good' by down grading them from 'outstanding' as rated by fee reporting as well as the reviewing authority, they could be further demoted to 'good' by applying the same rationale. this only displays a total non-application of mind of the accepting authority who by ignoring the materials on record exhaustively analyzed by the reporting as well as the reviewing .....

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Jun 25 2008 (HC)

Court Masters and Personal Secretaries to Hon'ble Judges Association V ...

Court : Andhra Pradesh

Decided on : Jun-25-2008

Reported in : 2008(5)ALD1; 2008(4)ALT715

..... remember that high functionaries like the hon'ble the chief justice before framing any rules or granting any pay scale to employees is expected to consider all relevant aspects in rationale manner;7. hon'ble the chief justice has also got power to create posts in the high court, and ordinarily, as creation of posts also requires fixation of scales of .....

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Nov 21 2008 (HC)

Siva Krishna Wines and ors. Vs. Commissioner of Prohibition and Excise ...

Court : Andhra Pradesh

Decided on : Nov-21-2008

Reported in : 2009(2)ALT31

..... of duties of excise and countervailing duties on alcoholic liquors for human consumption in state of andhra pradesh. like any other law, excise act is also intended to ensure a rationale and unarbitrary implementation of legislative policy to part with privilege in dealing with intoxicants. therefore, if it is shown that the impugned action is arbitrary or irrational, it would certainly .....

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