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The third point stressed by him was that the approver was allowed to refresh his memory, while deposing in the case, by referring extensively to the account books and various documents produced in the case
Ratio of the decision
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It will straight-away be seen that an order under s. 3(2)(f) if a specific order directed to a particular individual for the purpose of enabling the Central Government to purchase a certain quantity of the commodity from the person holding it
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Taxes which are not legally assessed or assessments which have not become final and binding on the assessee, are not covered under S. 11(2)(a) because unless it is an ascertained and quantified liability, disbursement cannot be made
Precedent
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Further the management were unable to secure cotton which resulted in the curtailment of the working hours
Facts
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The petitioners claimed that the exclusive right to use the title thereof belonged to them and the 2nd episode of "Yeh Jo Hai Zindagi" was telecast without the name of the petitioners being mentioned as sponsors nor was their advertisement shown
Facts
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the suit only on the basis of the finding received from the Mamlatdar,the Civil Court itself can record its finding on the issue of tenancy and if the finding to be recorded had to go against the claim of tenancy,it would be permissible for the Civil Court to grant the decree for redemption sought by the plaintiff in t...
Argument
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No doubt, there is no discussion there as to the question whether the various clauses of s. 239 could be combined or as to the impact of the provisions of S. 233 to 236 on those of s. 239
Ratio of the decision
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The grievance of the appellant-State is that the High Court while passing the impugned order has not noticed the liability incurred by the undertaking and the loan paid to the Company
Argument
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In the present case,the facts are entirely different
Ratio of the decision
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The evidence as to identification deserves,therefore,to be subjected to a close and careful scrutiny by the Court
Precedent
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Appeal allowed
Ruling by Present Court
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This is the main rationale underlying S.25(2) of the said 1970 Act
Ratio of the decision
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Jagdish further claims that he along with Rakesh caused injuries to the complainant party in exercise of right of private defence of property
Facts
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It is also contended that the promotees are entitled,in terms of the judgment in K.C.Joshi case' for appointment by promotion to substantive vacancies within their quota in the respective years and that therefore,their seniority should be counted from the years in which they started discharging their duties as Asstt
Argument
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The position that emerges from the above provisions is this
Ratio of the decision
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As stated,vide Patents (Amendment
Ratio of the decision
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As above pointed out, admittedly power of alienation in express terms was not conferred on her
Ratio of the decision
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The conspiracy is said to have been hatched in the year 1947 and falsification of accounts and misappropriation of funds of VESCO went on till the end of the accounting year
Argument
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Thereafter the matter was considered by the Constitution Bench in its order dated August 18,19932.In that order the writ petitions placed before the Bench were categorised into five categories,namely,(1) unaided Minority Educational Institutions,(2
Facts
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As the said question has not been gone into by the learned Judge, Special Court, it is necessary that the same be considered and appropriately dealt with
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In the present case the sanction strictly construed indicates the consideration by the sanctioning authority of the facts relating to the receiving of the illegal gratification from Pal Singh and therefore the appellant could only be validly tried for that offence
Precedent
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Jain Industries was non-user thereof by it
Ratio of the decision
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It must be proved in presence of the person against whom such allegations are made
Ratio of the decision
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Paragraph 3(4)(a) requires a manufacturer commencing production of the bulk drug specified in the First or Second Schedule, the price of which has already been notified by the Government, not to sell the bulk drug at a price exceeding the notified price
Ratio of the decision
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He in fact used it in respect of watches
Precedent
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The application before the Tribunal was filed under Rule 31 of the Bombay Industrial Disputes Rules 1957,which is as follows
Statute
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Section 56--Power to cancel or vary registration and to rectify the register--(1
Statute
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It was thus,held that the charter party dated 6th May,1997 did not come to an end by efflux of time and it was extended by the parties on the same terms and conditions except the rate of hire
Facts
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This will was construed as conveying an absolute estate to the son and the daughter of the niece
Precedent
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We are not satisfied with the explanation offered by the first respondent that it gave up the case of non-use of the registered trade mark against M/s Jain Industries on the basis of statement made by the learned counsel for the appellant; firstly because consent does not confer jurisdiction; secondly,because want and/...
Ratio of the decision
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Rs
Facts
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To elaborate; whether the learned Single Judge has exercised his jurisdiction u/art.226 or u/art.227 or both would depend upon various aspects and many a facet as has been emphasized in the afore quoted decisions of the apex Court
Precedent
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This Court held that the mortgage deed established beyond doubt that there was no subsistence or continuation of lease in that there was delivery of possession by the tenant to the landlord immediately before the mortgage and redelivery of possession to the tenant of the premises made by the landlord was pursuant to th...
Ratio of the decision
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In other words, that she should take an estate very much like the ordinary estate of a Hindu widow
Precedent
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The Respondent-Authority appointed the Appellants and posted them to an overseas project known as 'Indore Habitat Project' which was implemented through the agency of 'Overseas Development Authority' (hereinafter referred to as 'the ODA'), on daily wages
Facts
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The Legislature intended to provide for only one statutory appeal to the Appellate Board but by not bringing S.61 into force till 2.4.07,appeals filed during the interregnum,as in this case,became vulnerable and liable to be dismissed as misconceived as is contended by the appellant
Ratio of the decision
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Nevertheless, the criterion adopted must be reasonable
Precedent
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After completion of the investigation at the spot, Mukhtiar Kaur's dead body was sent for its post-mortem examination
Facts
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S.11 of the Act deals with inspection
Statute
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To put it shortly, the prosecution must prove the following facts before it can bring a case under S. 300 'thirdly'; First, it must establish, quite objectively, that a bodily injury is present; Secondly, the nature of the injury must be proved; These are purely objective investigations
Precedent
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35 crores) (VII
Ratio of the decision
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The registered cover,containing the letter dated 24.4.1974 was returned back by the postal authorities with an endorsement that the addressee refused to accept the same
Ratio of the decision
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Section 2(qq) defines "performer" to include an actor,singer,musician,dancer,acrobat,juggler,conjurer,snake charmer,a person delivering a lecture or any other person who makes a performance
Statute
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Tenancy and Agricultural Land Act,1950.We have heard the learned counsel for the respondents on the above question
Facts
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For determination of the issue involved in C.A.Nos.6169-6171 of 2013 and C.A.Nos.6172-6174 of 2013,it is desirable to refer the relevant factual matrix of the case which is as follows
Facts
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In other words public purpose must be viewed through the prism of Constitutional values as stated above
Ratio of the decision
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What is in dispute is whether the arbitration agreement between the parties had got extinguished after 31st August,1998,i.e.the date of expiry of the extended period of the Charter Party
Ratio of the decision
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Another point urged by Mr. Bhimasankaram was that as many as 2, 000 documents were "dumped" by the prosecution in this case out of which 1600 documents were not sought to be proved by it
Argument
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Panipat and Anakapalle were both cases where the question was regarding the price payable to a person who was required to sell to the Government a certain percentage of the quantity of sugar produced in his mill
Ratio of the decision
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In the absence of any stay of the transfer order a public servant has no justification to avoid or evade the transfer order merely on the ground of having made a representation,or on the ground of his difficulty in moving from one place to the other
Ratio of the decision
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It was so in the Income Tax returns and assessments
Ratio of the decision
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Ganga (2008
Precedent
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The Oxford Concise Dictionary defines it as " something to the good, into the bargain (and as an example) gratuity to workmen beyond their wages
Ratio of the decision
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Classification of employees
Statute
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The remaining 60 per cent shall be disbursed in accordance with the directions to be given by the High Court after hearing all the parties concerned
Facts
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Then, on account of his property being attached, he may not be in a position to deposit the tax assessed or file appeals or further proceedings under the relevant tax law which he could have otherwise done
Precedent
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Section 117A.(1
Statute
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It was a dispute between two private parties as regards the right to obtain final allotment; the principles underlying the same are not in dispute
Ratio of the decision
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The Tribunal recorded the findings that the canteen had been working for the benefit of the workmen within the premises provided by and with the equipment supplied by the appellant; that the appellant supplies the provisions for the preparation of foodstuffs; that the appellant issues token to the employees,who on prod...
Facts
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no Civil Court shall have jurisdiction to settle,decide or deal with any question which is by or under this Act required to be settled,decided or dealt with by the Tahsildar,Tribunal or Collector or by the Board of Revenue or Government
Statute
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M.K.Verma who forwarded the F.I.R.before Zonal Engineer,who ordered to issue notice under Section 343/344 of the Delhi Municipal Corporation Act,1957 (for short the "DMC Act").Subsequently,the second respondent along with Kuldeep Singh were prosecuted for commission of offences under Sections 332 and 461 of the DMC Act...
Facts
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Both the Industrial Court as well as the Labour Appellate Tribunal found as a fact that there was a trading loss of Rs
Facts
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There is no dispute as regards the date of occurrence and the date of conviction passed by the trial court and affirmed by the High Court
Ratio of the decision
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Referring to the 'proforma' attached to Form No. 1 of the Fourth Schedule in which are set out several items which have to be taken into account in assessing the cost of production, the learned counsel attacks the notes at the end of Item No. 14 which mentions the various items of expenses to be excluded in ascertainin...
Ratio of the decision
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According to A-2,A-3,A-5,A-6 and A-7 they had been identified by PW-9,during the identification parade,at the instance of the police.A-4 alleged false implication at the instance of PW-15 Waman while A-8 alleged false implication at the hands of the police with a view to pressurise him to withdraw a complaint concernin...
Argument
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An auto-rickshaw bearing registration No.MWQ-5624 belonging to Manik Bhende-Gavali was found abandoned in a damaged condition with broken glasses
Facts
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The Bangalore Development Authority Act,1976 provides that every person whose name appears in the assessment list or land revenue records shall be served with notice.[See Sureshchandra C.Mehta v
Ratio of the decision
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He may pursue his claim only against the respondent No.4 in an appropriate proceedings wherein for certain purposes the State or the authorities may also be impleaded as a party
Ratio of the decision
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Considering the above aspect of the matter and after considering the scope of Section 121A of the Act,we are,therefore,unable to agree with the learned counsel for the appellants that in the exercise of revisional jurisdiction under Section 121A of the Act,the High Court was not entitled to set aside the concurrent fin...
Ratio of the decision
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To decide this,facts must be referred to
Ratio of the decision
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2) Where any such notice of opposition is duly given,the Controller shall notify the applicant and shall give to the applicant and the opponent an opportunity to be heard before deciding the case
Statute
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Every step taken by the State does not involve application of the doctrine of eminent domain
Ratio of the decision
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It did not
Ratio of the decision
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One of the contentions urged by the accused before the appellate court and High Court was that the charge against him was that he attempted to outrage the modesty of Prakashi Devi (PW-1) whereas the evidence was to show that he attempted to outrage the modesty of her daughter-in-law Sheela Devi
Facts
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In the alternative, is a notified person liable to payment of penalty or interest arising from his inability to pay taxes after his notification
Precedent
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So far as Nagendra is concerned there is a clear finding of fact recorded by Mr. Justice Bose on a specific issue raised in that behalf, viz
Ratio of the decision
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Adhiyaman Educational & Research Institute & Others,[1995] 4 SCC 104 1995 Indlaw SC 1631,the provisions of the AICTE Act,1987 occupied the field and it was not necessary to obtain the further approval of the Government or other authority
Ratio of the decision
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325 IPC (two counts) was modified as the sentence u/s
Ruling by Lower Court
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S. 299 and S. 300 IPC deals with the definition of culpable homicide and murder respectively
Statute
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It is said that this person has not received much education and knows only bow to sign his name in English
Facts
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On my demise none of my heirs and representatives shall ever be competent to take the income of the said land No. 40/1 and spend (the same)for household expenses
Ratio of the decision
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Grey Street and that his possession of the said premises thereafter became adverse which adverse possession continued for upwards of 12 years extinguishing the right of the idol to the said premises
Argument
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The State of Manipur is in appeal before us questioning the judgment and order dated 29.07.2005 passed by a Division Bench of the Guwahati High Court in WA Nos.61,78,79,95 and 100 of 1999 upholding a judgment and order of a learned Single Judge of the said Court dated 19.02.1999 in C.R.Nos.324,1012,568,1022 and 1023 of...
Facts
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Sharda Prasad Tripathi is the husband of accused Shashi Tripathi
Facts
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The statutory scheme of compensation for forest lands consists of machinery for assessment of the net income which is multiplied on a sliding scale and the method of challenge to the determination by the aggrieved owner of State
Ratio of the decision
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Ss.116 and 117A were reworded which read as under: "S.116.(1) Subject to the provisions of this Act,the Appellate Board established u/s.83 of the Trade Marks Act,1999 shall be the Appellate Board for the purposes of this Act and the said Appellate Board shall exercise the jurisdiction,power and authority conferred on i...
Statute
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22 Term of copyright in published literary,dramatic,musical and artistic works
Statute
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Both the findings of the High Court which we have noticed hereinbefore are findings on question of law and in that view of the matter the contention of Mr
Ratio of the decision
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Bengal was in fact in possession of the said fishery
Facts
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AIR 1993 SC 806 1992 Indlaw SC 509] it was inter alia observed as follows: "The learned Single Judge in his impugned judgment dated December 11,1987 nowhere mentioned that he was exercising the powers u/art.227 of the Constitution
Precedent
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The Governor was directed to make appointment by promotion to substantive vacancies to the post of Asstt
Precedent
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Feeling aggrieved,the respondent No.4 filed an appeal before the Appellate Authority,which was also dismissed
Facts
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He is also entitled to search the place of the offence and to search other places with the object of seizing articles connected with the offence
Precedent
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c
Statute
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The controlled price will enable both the consumer and the producer to tide over difficulties
Precedent
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Since,the appellants herein had used the trade name "Meghraj" on their products which trade name was owned by M/s
Facts
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A large number of decisions of the different High Courts and one of the Privy Council have been considered in this case
Ratio of the decision
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In determining the amount of compensation payable to Abdul Khader under the Central Act,his interests in the property had to be determined
Ratio of the decision
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Manufacture and sale of cigarettes will not involve any public function
Ratio of the decision
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I L.L.J. 386; Textile Mills, Madhya Pradesh v. Their Workmen, (1952) 2 L.L.J. 625;and Famous Cine Laboratory v. Their Workmen, (1953
Ratio of the decision
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