Court : Delhi
Decided on : Sep-28-2011
..... were placed in pb-1 and not -1s pay band? there is no answer. 10. the matter can yet be looked at differently from a third angle. where is the rationale to give the petitioners the lowest grade pay in pb-1? surely, acquisition of the requisite skill upon combatisation could not be the justification for the reason consequence of complete ..... of 6 th central pay commission were implemented. 7. as per the respondents the rationale for the said date is that after recommendations of the 6th central pay commissioner were received, they were processed, they were accepted with or without modifications. qua followers, placement in ..... ,000/- per month w.e.f. 29th october, 2009 and denied similar benefit for the prior date. 6. filing the instant writ petition it is urged that there is no rationale to grant grade pay @ `2,000/- per month effective from 29.10.2009 and deny benefit from 1.1.2006 i.e. the date with effect from which the recommendations .....Tag this Judgment!
Court : Delhi
Decided on : May-10-2011
..... noticed by the i.o. the only exception was with regard to the collection of monies; towards what the society termed as building development charges/ entry fee. the society's rationale, as noticed hereinabove by us, was that, since the society was old, funds were required for its up-keep. since such collection of funds has been found to be against ..... no one was complaining about the functioning of the society while they were part of the managing committee. the complaints were lodged only in 2007. 5.5 the society's rationale on the other hand was that since the building was old, built in 1968, it required funds for its up-keep. the charges were paid voluntarily. be that as it .....Tag this Judgment!
Court : Delhi
Decided on : May-04-2011
..... by crpf. the policy framed by itbp permits absorption of its force personnel in other organizations upon completion of 40 years of age or being in low medical category. the rationale of permitting absorption in the borrowing departments of those force personnel who are in low medical category is premised on the fact that itbp performs duties mostly in high altitude .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jun-13-2011
..... govern all conceivable future questions in this area ). on those facts, the fiduciary exception applies to the communications in this case. b like the real client rationale, the second rationale for the fiduciary exception, rooted in a trustee s fiduciary duty to disclose all matters relevant to trust administration to the beneficiary, fully supports disclosure of the ..... communications in this case. as explained above, courts relying on this second rationale have recognized that [t]he policy of preserving the full disclosure necessary in the trustee-beneficiary relationship is ultimately more important than the protection of the trustees ..... their knowledge of the affairs and mechanics of the trust management is crucial. riggs , 355 a. 2d, at 712. courts justifying the fiduciary exception under this rationale have thus concluded that [t]he policy of preserving the full disclosure necessary in the trustee-beneficiary relationship is ultimately more important than the pro-tection of the trustees ..... here, the governing statutory scheme establishes a conventional fiduciary relationship, the government s duties include fiduciary obligations derived from common-law trust principles. because the common-law rationales for the fiduciary exception fully support its application in this context, i would hold that the government may not rely on the attorney-client privilege to withhold from .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Oct-06-2011
..... . 649, 655 (1984). so it is clear that the rule that custody is required before entitlement to legal representation arises is not inflexible or static and that its underlying rationale is closely associated with the question whether the person questioned feels under constraint to respond.hampering police investigationone of the principal practical arguments advanced against the requirement that a suspect ..... para 52 above, are also in line with the generally recognised international human rights standards which are at the core of the concept of a fair trial and whose rationale relates in particular to the protection of the accused against abusive coercion on the part of the authorities. they also contribute to the prevention of miscarriages of justice and ..... right not to incriminate oneself were generally recognised international standards, which lay at the heart of the notion of a fair procedure under article 6, went on to say:"their rationale lies, inter alia, in the protection of the accused against improper compulsion by the authorities, thereby contributing to the avoidance of miscarriages of justice and to the fulfilment of ..... that the person's will is more likely to be overcome when he is being questioned under conditions of that kind. the observation in salduz, para 53 that the rationale of the generally recognised international human rights standards relates in particular to the protection of the accused against abusive coercion on the part of the authorities fits in with this .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Mar-30-2011
..... one side or the other to give their expert opinion purely for the purpose of the litigation. these last are the paradigm case on which the rationale for the proposed exception is based. they have been called in to give their opinion for the purpose of the litigation. they are paid a ..... and thus of rendering an expert witness liable to the other side or to anyone else involved in the litigation apart from her own client. the rationale for the proposed exception is that, without the rule, an expert witness would owe a duty of care to her own client and there is ..... insured or can obtain insurance readily, and those who are not insured can limit their liability by contract. see, for a critical analysis, jurs, the rationale for expert immunity or liability exposure and case law since briscoe: reasserting immunity protection for friendly expert witnesses (2007-2008) 38 u mem lr 49. in ..... courts stand alone in recent years in upholding the immunity: bruce v byrne-stevens and associates engineers inc, 776 p 2d 666 (wash.1989). the rationale of the decisions upholding immunity included these: that absence of immunity would lead to a loss of objectivity, and the threat of civil liability would encourage ..... at a later date. i for one would welcome this as a healthy development in the approach of expert witnesses to their ultimate task (their sole rationale) of assisting the court to a fair outcome of the dispute (or, indeed, assisting the parties to a reasonable pre-trial settlement). the other signal .....Tag this Judgment!
Court : Delhi
Decided on : Jan-05-2011
..... of execution of the order then despite the unexplained delay in issuance of detention order the live-link between the prejudicial activities of the detenu and rationale of clamping the order of detention will not be lost. in the affidavit-in-reply of the respondent no.1, it is stated that while ..... was there then despite the unexplained delay in the issuance of the detention order the live-link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would not be lost and the detention order would not be vitiated.11. we wish to emphasise the ..... of the detention order would be fatal and the same would be vitiated because the live link between the prejudicial activities of the detenu and the rationale of clamping a detention order on him would be snapped.on the converse if there is material to show that the propensity and potentiality of ..... a case the order of detention will be vitiated only if on account of delay, the live link between the prejudicial activities of the detenu and rationale of clamping a detention order is snapped. the division bench also held that while dealing with the preventive detention under cofeposa question of delay in ..... on account of delay of more than seven months in issuance of detention order whether the live link between the prejudicial activities of the detenu and rationale of clamping a detention order on him did not get snapped so as to vitiate the order of detention. after considering the decision of the .....Tag this Judgment!
Court : Gujarat
Decided on : May-10-2011
..... tribunal fell into an error in invoking the principles that should govern the adjudication of a dispute regarding dearness allowance in judging whether the settlement was just and fair. the rationale of this principle was explained thus:-"there may be several factors that may influence parties to come to a settlement as a phased endeavour in the course of collective bargaining ..... award made by an adjudicatory authority."in general manager, security paper mill vs. r.s. sharma (air 1986 sc 954), e.s. venkataramiah, j. speaking for the court explained the rationale behind section 18(3) thus :-"even though a conciliation officer is not competent to adjudicate upon the disputes between the management and its workmen he is expected to assist them ..... tribunal fell into an error in invoking the principles that should govern the adjudication of a dispute regarding dearness allowance in judging whether the settlement was just and fair. the rationale of this principle was explained thus:-"there may be several factors that may influence parties to come to a settlement as a phased endeavour in the course of collective bargaining ..... made by an adjudicatory authority."16. in general manager, security paper mill vs. r.s. sharma (air 1986 sc 954), e.s. venkataramiah, j. speaking for the court explained the rationale behind section 18(3) thus :- "even though a conciliation officer is not competent to adjudicate upon the disputes between the management and its workmen he is expected to assist them .....Tag this Judgment!
Court : Delhi
Decided on : Aug-12-2011
..... the one hand and the ptas, grieving each time with schools announcing increase in students fee and raising a voice that such an increase is not predicated based on any rationale or legal basis. this grievance of the pta becomes stronger when we notice that the government is failing to discharge its duty of ensuring auditing of accounts regularly as provided ..... funds from recognized unaided school funds to the society or trust or any other institution. repelling the contention of these private schools to the contrary, the court gave the following rationale: "20. we do not find merit in the above arguments. before analyzing the rules herein, it may be pointed out, that as of today, we have generally accepted accounting principles ..... . thus, the court held that there was no requirement that the unaided schools seek approval or subsequent approval of director of education for enhancement of tuition fee and other charges. rationale is simple. these unaided private schools are required to generate their own funds and to meet the cost of education, and therefore, need to be given free hand, as the ..... . in the writ petition filed by the dam, five grievances are made, which can be briefly recapitulated as under: 1) decision to increase the fees is not based on any rationale or legal basis; 2) the report of s.l. bansal committee is not made public which should be done immediately (since the report of the said committee was supplied to .....Tag this Judgment!
Court : UK Supreme Court
Decided on : Mar-09-2011
..... is implicit in fairchild and barker that, if it were possible for a victim of mesothelioma to establish causation on the balance of probability in the conventional way, then the rationale for the fairchild exception would disappear. mr stuart-smith submits that causation can be established in the conventional way in a single exposure case (but, he accepts, not yet in ..... uncertainty. it is implicit in the reasoning in fairchild (repeated in barker) that, if the rock of uncertainty were to disappear in the light of increased medical knowledge, then the rationale for the fairchild exception would disappear and claimants would be required to prove their cases on the balance of probability in the usual way. it is common ground that medical ..... "any cause of [the claimant's] mesothelioma other than the inhalation of asbestos dust at work can be effectively discounted" (lord bingham's speech at para 2). consider also the rationale identified by lord bingham as justifying this special rule: the "strong policy argument in favour of compensating those who have suffered grave harm, at the expense of their employers who ..... of the relevant science leaves it uncertain exactly how the injury was caused and, so, who caused it. mcghee and the present cases are examples. secondly, part of the underlying rationale of the principle is that the defendant's wrongdoing has materially increased the risk that the claimant will suffer injury. it is therefore essential not just that the defendant's .....Tag this Judgment!