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Reasoning - Law Dictionary Search Results

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Special reasons

Special reasons, the words 'special reasons' in the context in which they are used could only means special to the accused on whom sentence is being imposed. 'Special reasons' in the context of sentencing process must be special to the accused in the case or special to the facts and the circumstances of the case in which the sentence is being awarded, Meet Singh v. State of Punjab, AIR 1980 SC 1141 (1143). [Prevention of Corruption Act (2 of 1947), s. 5(2) Proviso]...


Rules of reason

Rules of reason, the 'rule of reason' normally requires an ascertainment of the facts or features peculiar to the particular business; its condition before and after the restraint was imposed; the nature of the restraint and its effect, actual or probable; the history of the restraint and the evil believed to exist, the reason for adopting the particular restraint and the purpose or end sought to be attained and it is only on a consideration of these factors that it can be decided whether a particular act, contract or agreement, imposing the restraint is unduly restrictive of competition so as to constitute 'restraint of trade', Mahindra and Mahindra Ltd. v. Union of India, AIR 1979 SC 798: (1979) 2 SCC 529: (1979) 2 SCR 1038....


Reasons to believe

Reasons to believe, a belief can be said to be founded on reasonable grounds only if there is something tangible to go by on the basis of which it can be said that the applicant's apprehension that he may be arrested is genuine. But specific events and facts must be disclosed by the applicant in order to enable the court to judge of the reasonableness of his belief, the existence of which is the sine qua non of the exercise of power conferred by the section, Shri Gurbaksh Singh Sibbia v. State of Punjab, AIR 1980 SC 1632: (1980) 2 SCC 565: (1980) 3 SCR 383....


Reasonableness of expectation

Reasonableness of expectation, the concept of 'reasonableness of expectation' of rent which must take the penal law of the State into account. It is not the expectation of a landlord who takes the risk of prosecution and punishment which the violation of the law involves, but the expectation of the landlord who is prudent enough to abide by the law that serves as the standard of reasonableness for purposes of rating, New Delhi Municipal Committee v. M.N. Soi, AIR 1977 SC 302: (1976) 4 SCC 535: (1977) 1 SCR 731....


Reasonable cause

Reasonable cause, means a cause which prevents a reasonable man of an ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fide from furnishing the return in time, Commissioner of Wealth-tax, Patna v. Jagdish Prasad Choudhary, AIR 1996 Pat 58.Means a cause which prevents a reasonable man of a ordinary prudence acting under normal circum-stances, without negligence or inaction or want of bona fide from furnishing the return in time, Commissioner of Wealth-tax, Bihar-I, Patna v. Jagdish Choudhary, Sahebganj, AIR 1996 Pat 58....


Reasonable opportunity and reasonable

Reasonable opportunity and reasonable, would depend upon the fact situation, Transmission Corporation of A.P. Ltd. v. Shree Ramakrishna Rice Mill, (2006) 3 SCC 74....


Reason to suspect

Reason to suspect, the expression 'reason to suspect the commission of an offence' would mean the sagacity of rationally inferring the commission of a cognizable offence based on the specific articulate facts mentioned in the First Information Report as well in the Annexures, if any, enclosed and any attending circumstances which may, not amount to proof. In other words, the meaning of the expression 'reason to suspect' has to be governed and dictated by the facts and circumstances of each case and at that stage the question of adequate proof of facts alleged in the first information report does not arise, State of Haryana v. Bhajan Lal, AIR 1992 SC 604 (618): 1992 Supp (1) SCC 335. [Criminal Procedure Code, 1973 s. 157(i)]...


Reason

Reason, are the links between the materials on which certain conclusions are based and the actual conclusions, Gurdial Singh v. State of Punjab, (1979) 2 SCC 368.The very life of law, for when the reason of law once ceases the law itself generally ceases, because reason is the foundation of all our laws, Co. Litt. 97 b, 183 b....


Has reason to believe

Has reason to believe, the expression 'reason to believe' in s. 34 does not mean purely subjective satisfaction on the part of the Income Tax Officer. The belief must be held in good faith: it cannot be merely a pretence. It is open to the Court to examine whether the reasons for the belief have a rational connection or a relevant bearing to the formation of the belief and are not extraneous or irrelevant to the purpose of the section, M.P. Industries Ltd. v. ITO, (1970) 2 SCC 32 (37): AIR 1970 SC 1011. (Indian Income-tax Act, 1922, s. 34)...


By the reason of termination of employment

By the reason of termination of employment, The expression 'by reason of the termination of employment' must, in the context, have the same meaning as the expression 'payable on the termination of employment' which is used in sub-clause (6). In other words, gratuity which may be payable to an employee by reason of the termination of his employment would fall under sub-clause (d), provided it is shown that it is payable under any law, contract, or instrument, Purshottam H. Judye v. V.B. Potdar, (1966) 2 SCR 353: AIR 1966 SC 856. [Payment of Wages Act (4 of 1936), s. 2 (vi) (d)]...



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