Court : Delhi
Decided on : May-23-2016
..... paid amounts as demanded and the amounts also included litigation expenses, incurred by the respondent. the appellant further withdrew the writ petition and also settled its arbitration claim. 38. the rationale of the learned single judge in the impugned order dated 08.02.2016 is that the contract was still unexecuted and unconcluded as per the requirement of letter dated 12 ..... 41(e) of the specific relief act, 1963 and if termination was found to be unlawful, the only relief could be damages/compensation for the period of notice. 39. the rationale is fundamentally erroneous. the respondent is not seeking to terminate the concluded contract. the letter of 04.08.2015 is the only letter relied upon by the respondent. the letter ..... . if the stand of the respondent was that there is a concluded contract and they have the right to terminate the same, the situation would have been different and the rationale of the learned single judge could have been made applicable but that is not the case. 40. since there is a concluded contract, the respondent cannot, without terminating the same .....Tag this Judgment!
Court : Delhi
Decided on : Mar-30-2016
..... view of the aforesaid, there is good ground to hold that seeking injunctive reliefs by an sep holder in certain circumstances may amount to abuse of its dominant position. the rationale for this is that the risk of suffering injunctions would in certain circumstances, clearly exert undue pressure on an implementer and thus, place him in a disadvantageous bargaining position vis ..... so far as the amendments to the patents act introduced by the aforesaid amendment acts of 2002 and 2005 are concerned, the same would be construed as later enactments. this rationale was also applied by the supreme court in shri ram narain v. the simla banking and industrial co. limited: air 1956 sc 614 wherein the court while applying the principle ..... to inventors in exchange of their covenant to share its details with the public [see bayer corporation (supra)]. the entire purpose and object of granting patents is based on the rationale of rewarding invention to promote and encourage advancement in technology and industry. 109. on the other hand, the focus of the competition act is "to ensure fair competition in india .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-05-2016
..... dated 10 july 2012. the agreement to pay contained in the letter addressed by the promissor to the promissee is made at the place where the letter is addressed. the rationale of this is that the letter contains a promise to pay; and every promise is a proposal by which the proposer signifies his willingness to do or abstain to do .....Tag this Judgment!
Court : Karnataka
Decided on : May-25-2016
..... , verandah etc., shall not be ordinarily grouped as buildings. category viii classifies the buildings with central air condition, which is the building for the purpose of classification. a reasonable and rationale classification is to be made before levying tax. it is exclusively permitted for the corporation to classify a building on the basis of its facilities used as it is said .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-11-2016
..... provisions of that part. the provisions of the constitution are not isolated or watertight compartments. constitutional provisions do not rest in silos. 182 as regards the third rationale undoubtedly, the revenues which the state raises from fiscal exactions generate resources which are also utilized to augment trade and commerce. this, however, does not confer an ..... indicates the difficulties which the court noticed in applying concepts such as reasonable compensation , an expression, which however convenient, is but vague. the court noticed the rationale for the doctrine of compensatory taxes: providing recompense to the state for the provision of services which facilitate trade. a compensatory tax is distinguished from a general measure ..... led the founding fathers of the constitution to adopt the guarantee under article 301. the political backdrop of partition with its attendant social suffering provided a powerful rationale for a constitutional structure which would knit the nation together as a cohesive unit. the instrumentalities of trade and commerce were conceived, in the vision of the ..... ., a case involving the constitutionality of a maryland law requiring all importers and wholesalers of foreign articles to obtain a license, chief justice marshall reasoned that the rationale of mcculloch. was "entirely applicable" to state taxation of private enterprises engaged in inter-state commerce. thus, holding the maryland statute unconstitutional, justice marshall stated: .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-18-2016
..... if the essential conditions set out above are fulfilled. the class which enjoys reservation must be educationally handicapped. the reservation must be geared to getting over the handicap. the rationale of reservation must be in the case of medical students, removal of regional or class inadequacy or like disadvantage. the quantum of reservation should not be excessive or societally injurious ..... to the said para. amendment is incorporated in para 3 of the principal notification dated february 11, 2011 which we have already reproduced above. original para 3 gives the rationale for including tet as a minimum qualification. though, it is not understood as to why that para is substituted by the aforesaid amended para vide notification dated july 29, ..... government in accordance with the guidelines framed by the ncte. it is in that behalf that guidelines in question are framed and circulated. para 3 of these guidelines mentions the rationale for including the tet as minimum qualification. though it is already extracted, for the purpose of cohesiveness, we reproduce it here again: (i) it would bring national standards and ..... ability to meet the challenges of teaching at the primary and upper primary levels. while reiterating the mandate of a pass in the tet to be a norm of eligibility, rationale therefore was enumerated as under: (i) it would bring national standards and benchmark of teacher quality in the recruitment process; (ii) it would induce teacher education institutions and students .....Tag this Judgment!
Court : Chennai
Decided on : Aug-16-2016
..... from 1985 appears to be arbitrary and though opportunity was given to the railway administration to sustain the same, they failed to furnish any basis or rationale for such an uniform increase of rate at the rate every year and further that no reasons have been adduced or given as to the basis ..... year [i.e., january 1985 in this case] should be increased by 10% on the 1st april every succeeding year, without giving any reason or rationale for such a direction is, in our view, is arbitrary. the tribunal was also conscience of the fact that it is primarily concerned with the determination ..... reasonableness or otherwise of the charges levied by the railway administration. the tribunal also expressed disappointment as to the non-furnishing of the details/basis or rationale for such an uniform rate of increase every year at the rate of 10% and so also the witness examined on their behalf. the tribunal, ..... the base year, i.e., january 1985, should be increased by 10% on the 1st april of every succeeding year, without giving any reason or rationale and therefore, found that it is arbitrary. the tribunal has also indicated that it is not their intention to express any opinion on the reasonableness or otherwise ..... challenge in the form of present complaint. the petitioners herein/respondents, on the merits of the case, would contend that there is every basis and rationale for taking the land value as on 01.01.1985 as the base year and would further state that it is a matter of public notice that .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-26-2016
..... , the twin tests aforesaid for valid classification must necessarily be satisfied. our attention has not been drawn with respect to the satisfaction of the aforesaid two tests. there is no rationale for the classification made between the retired employees depending on the date on which they retired. a just objective for such classification is not evident. furthermore, there is no evidence ..... only in terms of articles 14 and 16 of the constitution of india. the classification must necessarily adhere to two tests: (i) the distinguishing rationale has to be based on a just objective and (ii) the rationale must have a reasonable nexus to the objective sought to be achieved. the court further observed that whenever a cut-off date is fixed to .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-12-2016
..... provide a speedy machinery for the eviction of persons in unauthorised occupation of public premises. the statement of objects and reasons accompanying the introduction of the bill contained the following rationale for the enactment of the law: the court decisions, referred to above, have created serious difficulties for the government inasmuch as the proceedings taken by the various estate officers appointed ..... occupation of public premises keeping in view at the same time the necessity of complying with the provision of the constitution and the judicial pronouncements, referred to above." explaining the rationale for the law, a constitution bench of the supreme court in ashoka marketing ltd vs punjab national bank (1990) 4 scc 406) held that: ...the public premises act has been ..... section 5a. the division bench in sanjay agarwal held that an appeal against an order under section 5a would be maintainable under section 9 and in holding this, founded its rationale on the ground that otherwise a party against whom an order has been passed under section 5a would be remediless. this line of reasoning is contrary to the well settled .....Tag this Judgment!
Court : Delhi
Decided on : Nov-02-2016
..... hereby rejects the first contention that the ingredients of the notice did not exist when the proposal to transfer was first notified to these assessees.9. as far as the rationale to transfer, i.e., conduct of coordinated post search investigation and meaningful assessment goes, we are of the opinion that like in the case of first contention, the assessees have ..... be given. furthermore, the assessees did not express prejudice or substantial prejudice at the stage when they had responded to the notice. on the merits, it was urged that the rationale, i.e., of coordinating the post investigation efforts and meaningful assessments were sufficient compliance with law. it was highlighted that the search has yielded incriminating documents and in this context ..... centralize the cases. these cases were before the central circle, ghaziabad and notice was issued to each of the assessees under section 127 (1) of the income tax act. the rationale to justify the transfer was a common one - search and seizure operation under section 132 of the income tax act in the cases of m/s m.k. overseas group .....Tag this Judgment!