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Judgment Search Results Home > Cases Phrase: rationale Year: 2009 Page 1 of about 583 results (0.007 seconds)

Aug 07 2009 (HC)

Star Television News Limited Vs. Union of India (Uoi) Through the Secr ...

Court : Mumbai

Decided on : Aug-07-2009

Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)

..... be described as a date of imaginative exercise having no basis or rationale whatsoever.27. by fixing such an unrealistic and arbitrary cut-off date, into which of the two abovementioned classes an applicant would fall, depended entirely on the fortuitous circumstance of ..... 1st june 2007, the act permits the filing of fresh applications before the settlement commission - a clear recognition by parliament that the assumptions made by the wanchoo committee and the rationale given by it for establishing the settlement commission are still valid and applicable. in the present circumstances, the choice of 31st march 2008 as the cut-off date cannot but ..... both tax and interest on admission itself of the application.26. in our opinion, the choice of 31st march 2008 as the cut-off date is not supported by any rationale reasons. from the statistics of the income-tax department itself it is indisputable that the cut-off date of 31st march 2008 for disposal of all applications filed prior to .....

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Feb 11 2009 (HC)

Vimal Bhai and ors. Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Feb-11-2009

Reported in : 158(2009)DLT477

..... executive. this application raises issues of considerable importance concerning the answerability of the executive government to carry forth the legislative mandate.the rationale behind the setting up of the neaa20. the issues raised can be better appreciated when the rationale behind the creation of the neaa is examined. the environment (protection) act, 1986 (epa) was enacted to implement the decisions taken at .....

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Apr 13 2009 (HC)

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Decided on : Apr-13-2009

Reported in : 159(2009)DLT326

..... a distinction between persons who have demitted office prior to the insertion of the impugned provision, that is, 11.05.2007 and those who would demit office thereafter. if the rationale for inserting the provision is that it would enhance public interest by strengthening the administration of justice, we would not impede the said pursuit of the legislature based on tenuous ..... put in place, if the incumbent was compensated adequately in pecuniary terms by making the pension equivalent to salary last drawn and increasing the retirement age to 65 years. the rationale supplied for bringing about the amendment was, that the appointment to the bench of the high court was brought about at a relatively late age and then to deprive a ..... themselves available not only to further the cause of the assessees but also that of the revenue. in our view this submission misses the wood from the trees. the predominant rationale for introduction of this provision is to strengthen the cause of administration of justice. to remove what the legislature in its wisdom feels is a perceived class bias. if that .....

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Jan 02 2009 (HC)

Government of Karnataka Represented by Its Principal Secretary, Financ ...

Court : Karnataka

Decided on : Jan-02-2009

Reported in : ILR2009KAR633

..... collection of tax by the state government on the transaction of sale or purchase of goods, has lead to a chaotic situation and the amendments having been effected without any rationale or justification, has only resulted in arbitrariness rendering ft sub-section (1) of section 72 of the act uncontituonal on the t touchstone of article 14 of the constitution of ..... sub-section (1) of section 72 of the act is no different from those provisions; that the provision of sub-section (1) of section 72 of the act and the rationale for enacting such provision is well supported by a plethora of decided cases and has in this regard placed reliance on the following decisions:tripura goods transport association v. commissioner .....

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Jan 02 2009 (HC)

Philips Electronics India Ltd. Vs. State of Karnataka

Court : Karnataka

Decided on : Jan-02-2009

Reported in : [2009]20STT314

..... collection of tax by the state government on the transaction of sale or purchase of goods, has lead to a chaotic situation and the amendments having been effected without any rationale or justification, has only resulted in arbitrariness rendering sub-section (1) of section 72 of the act unconstitutional on the touchstone of article 14 of the constitution of india also ..... sub-section (1) of section 72 of the act is no different from those provisions; that the provision of sub-section (1) of section 72 of the act and the rationale for enacting such provision is well-supported by a plethora of decided cases and has in this regard placed reliance on the following decisions:tripura goods transport association's case .....

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Mar 23 2009 (SC)

Jaishree Anant Khandekar Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Mar-23-2009

Reported in : 2009AIRSCW5997; JT2009(4)SC198; 2009(4)SCALE172; (2009)11SCC647; 2009(3)LHSC1439

..... stated in the dying declaration. therefore, the statement in dying declaration is not uncorroborated.23. the law relating to dying declaration is an exception to the hearsay rule.24. the rationale behind admissibility of a dying declaration was best expressed, not in any judgment, but in one of the soliloquies in shakespeare's king john, when fatally wounded melun wails:have ..... in the event of suspicion as regards correctness or otherwise of the dying declaration.51. in sham shankar kankaria (supra), a two-judge bench of this court pointed out the rationale for relying on dying declaration on the principles laid down in paniben (smt) v. state of gujarat : 1992crilj2919 . learned judge further held that the rule of corroboration on the facts .....

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Jun 30 2009 (HC)

Heights Communications (India) Pvt. Ltd. Rep. by Its Managing Director ...

Court : Andhra Pradesh

Decided on : Jun-30-2009

Reported in : 2009(5)ALT818

..... achieve high standards cannot be held to be arbitrary or illegal. the classification sought to be made by the 2nd respondent between the provisional and full accreditation has undoubtedly a rationale behind it and apparently the purpose is to empanel the best and more experienced advertising agencies. hence, it cannot be said that there is no nexus with the object sought .....

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Apr 30 2009 (HC)

Commissioner of Central Excise Commissionerate Vs. J.R. Fabrics (P) Lt ...

Court : Punjab and Haryana

Decided on : Apr-30-2009

Reported in : 2009(170)LC171(P& H); [2009]21STT337

..... attestation, under the signature of the bench secretary at the earliest.17. before parting it is necessary to observe that the tribunal is required to take into account the correct rationale of law as per statutory provisions rather than following the judicially condemned approach. a copy of this order be also sent to the tribunal.

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Mar 20 2009 (SC)

State of Bihar Vs. Upendra Narayan Singh and ors.

Court : Supreme Court of India

Decided on : Mar-20-2009

Reported in : JT2009(4)SC577; (2009)5MLJ39(SC); 2009(4)SCALE282; (2009)5SCC65; 2009(2)SLJ392(SC); 2009(4)LC1651(SC)

..... employment news bulletins and consider all the candidates who have applied. this view was taken to afford equal opportunity to all the eligible candidates in the matter of employment. the rationale behind such direction is also consistent with the sound public policy that wider the opportunity of the notice of vacancy by wider publication in the newspapers, radio, television and employment .....

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Apr 08 2009 (SC)

M. Rathinaswami and ors. Etc. Vs. State of Tamil Nadu and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-08-2009

Reported in : 2009(5)SCALE492; (2009)5SCC625; 2010(1)SLJ66(SC); 2009AIRSCW3930

..... contended that this is violative of articles 14 and 16 of the constitution.17. in the counter affidavit filed on behalf of the respondents, it has been stated that the rationale for giving preference to the directly recruited assistants was that their minimum educational qualification was graduation while that of the promotees was senior school learning certificate (s.s.l.c .....

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