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What the decree-holder now wanted was to get the bhumidhari property of the judgment-debtors attached and sold and in this application of course, a prayer has been made that if this property was found insufficient for the satisfaction of the decree, the balance may be realized from the other movable and immovable properties of the judgment-debtors. | [] |
He was ordered to be released on parole after his conviction and while on parole, he jumped the parole and absconded. | [] |
At this stage it is also relevant to notice the sketch prepared on 28-2-1985 by the official of the Urban Land Ceiling Office of the Special Deputy Commissioner, Bangalore. | [
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] |
It will not be necessary for us to decide the second con-tenlion of Mr. Palkhiwalla and we have not heard Counsel for the Revenue on the same. | [
{
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] |
What the counter-affidavit filed on behalf of the respondent states is that the income subjected to assessment is the agricultural income from the sthanam properties of the Zamorin Raja for the previous year ending 31-3-1958 and that, during that period Sreemanavikraman Raja was the Zamorin Raja. | [
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{
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] |
The acceptance of the resignation of the managing agents and the appointment of Thapars as managing agents formed part of the same resolutions. | [
{
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] |
2. The detailed facts as mentioned in the plaint can be stated chronologically in the following manner:
License deed to the plaintiff was granted for five years from 1st June, 1968 by NDMC to run an open air restaurant in Connaught Circus, New Delhi, which was so started and run under the name and style of 'Ramble Open Air Restaurant'. | [
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The importance so attached is reflected in the following decisions rendered by the Apex Court :-
a) AIR 1992 SC 523 AIR 1979 SC 65 | [
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The DRI officials who had carried out the investigation and to whom the cheque had been given have not been examined by the complainant. | [
{
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] |
Mr. Chakrabarty expressed his inability to produce better materials on information, at present available to him. | [
{
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] |
It is further stated that under Section 24, persons authorised by the Central Government can enter upon and inspect any mine only for the purpose of ascertaining the position of working of a mine and they do not have any power to ascertain about the payment of the mineral revenue due to the Government. | [
{
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] |
The Press Commission itself had merely suggested a basic minimum wage for the consideration of the parties concerned but had suggested that so far as the scales of wages were concerned they were to be settled by collective bargaining or by adjudication. | [] |
What happened to the tumbler is not known. | [] |
The waiver under S. 21 is limited to objection in the appellate and revisional Courts. | [
{
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] |
So also the accused challenged their conviction and sentence under Section 323 of I.P.C.
5. | [
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List of Vouchers and other Documents handed over to CBI by Senior Manager and Assistant Manager. | [
{
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] |
The Syndicate is the chief executive body of the University under Section 21 of the Act. | [
{
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"start": 66
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] |
The learned counsel has referred to Ex.PW9/A at page 83 of the record of the trial Court and also the statement of defendant-respondent No. 1 Deep Chand. | [
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"start": 142
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] |
I hold, accordingly, that Section 116 of the Customs Act, 1962 applies equally to dutiable as well as to non-dutiable goods and, accordingly, the contention raised by the petitioners that the section can have no application to Nepal Cargo since the said Cargo is totally exempt from Customs duty, is absolutely without merits. | [
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On these facts he called upon the assessee to explain why the registration and electrification charges collected from customers cannot be added as revenue receipts. | [] |
They were exempted from paying any toll to LTTE on their agreeing to hire houses in Tamil Nadu for stay of LTTE cadre and on their being promised help by LTTE. | [
{
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{
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{
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] |
To ensure that the complainant or victim of crime does not remain in dark about the investigations regarding his complaint/FIR, the complainant or victim shall be kept informed about the progress of investigations. | [] |
In the background of such facts the Court observed:
"Therefore, it has become obligatory on the appellants to satisfy the court as to how, where and in what manner Vadivelu parted company with them. | [
{
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] |
That this form of extrinsic aid to the interpretation of statutes is not admissible has been generally accepted in England, and the same rule has been observed in the construction of Indian statutes-see Administrator-General of Bengal v. Prem Nath Mallick [1895] 22 I.A. 107-118. | [
{
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"label": "GPE",
"start": 115
},
{
"end": 278,
"label": "PRECEDENT",
"start": 203
}
] |
appellant was prosecuted for having made statements dafamatory to the then Law Minister of the Government of Maharashtra. | [
{
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"start": 100
}
] |
Following the said decision relating to the earlier year, reported in CIT vs. Motor Industries Co. Ltd. (1986) 158 ITR 734 (Kar) : TC 27R.159, this question is answered in the affirmative, against the Revenue and in favour of the assessee. | [
{
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] |
Appeal file be consigned to Record Room.
Announced in open Court (Sandeep Yadav) on 13.05.14 Additional Sessions Judge5 (South) Saket Courts, New Delhi 31/31 | [
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{
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The Cadre of Teachers Gr.III in the State of Rajasthan is divided in two categories viz; (i) the teachers working under the Panchayat Samitis and (ii) the teachers working in the Education Department, Government of Rajasthan. | [
{
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{
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] |
We may however add that if the warrant Form in full had been made use of and the entries in the columns on the reverse had been duly made, then the warrant upon reading both sides of the Form, would in spite of the defect mentioned earlier, have amounted to a substantial compliance with the requirements of Section 344 (1A) since the intention of remand would have been fairly clear. | [
{
"end": 324,
"label": "PROVISION",
"start": 308
}
] |
Crl.A.No. 2269 & 1663 of 2008 :-37-: | [
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] |
Against the orders imposing penalty, one of the partners of the firm moved the Commissioner of Income-tax, Madras in revision but without success. | [
{
"end": 113,
"label": "GPE",
"start": 107
}
] |
As a matter of fact there has been a definite attempt to avoid the meetings of the company after commencement of the business of a competitive industry viz., Andhra Polymers Pvt. Ltd., and Ramak Enterprises Pvt. Ltd. | [
{
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"label": "ORG",
"start": 158
},
{
"end": 216,
"label": "ORG",
"start": 189
}
] |
Thereafter, the plaintiff paid the cost of the four vehicles to the dealer M/s. Automotive Manufacturers, Secunderabad on 30-11-1983 and the vehicles were delivered to the 1st defendant. | [
{
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"label": "ORG",
"start": 80
},
{
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"label": "DATE",
"start": 122
}
] |
The definition of 'appropriate planning authority' is defined under Section 2(3) of the Tamil Nadu Town and Country Planning Act, 1971, as under: "Section 2 (3). | [
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{
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] |
So far as the aforesaid shipping bill dt.30.04.92 is concerned, the witness stated, after having gone through the same and the annexures that these were processed by Sh. Chakrobarty Vaid, Superintendent. | [
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] |
In that case Kania C. J. said:
"The law providing reasonable restrictions on the exercise of the right conferred by Article 19 may contain substantive provisions as well as procedural provisions. | [
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] |
On her cry a number of neighbours including Chandrama Singh (P. W. 3), Kedarnath Panday (P. W. 5), Jaddu Singh (P. W. 6), . Madheswar gingh (P. W. 7) and others who were all then at the house of Kedarnath Panday at a distance of 30 banses from the house of the appellant attending the recitation of the Ramayan rushed to the darwaza of the accused. | [
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] |
The Supreme Court recently in Bonua Ram v. State of U.P. noticed :--
"In D.S. Nakarav. Union of India, , relle on by Shri Salve and followed in Delhi Cloth & General Mills Co. Ltd., , that a statute is not properly called a retrospective statute because a part of the requisities for its action is drawn antecedent to is passing,"
77. | [
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Therefore, it is submitted that there is no statement of Rajinder Singh (PW-4) recorded under Section 161 Cr.P.C. | [
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The case was dismissed on 29.4.1985 on the ground that property belonged to Nagar Palika and not Gaon Sabha. | [
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We have gone through the Full Bench judgement of B. Agarwal Stone Product Ltd. (supra) and found it was categorically held therein that Section 142 (1) read with Section 239 (1) of the Adhiniyam entitles the Zila Panchayat to frame the bye-laws and levy the fee. | [
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He also referred to the statement during search, of one Shri Shyamlal Arora, supervisor, dt. 11th May, 1987, who had stated that on money charged was 30% to 40%. | [
{
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] |
In the case of State of Punjab v. Ramdev Singh, (2004) 1 SCC 421, the Supreme Court emphasized and while interfering with the judgment of acquittal by the High Court stated that the greater sense of responsibility is needed to be provided in cases of charges of sexual assault on women, particularly of tender age and children. | [
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Further representation of the petitioner, if submitted in pursuance of the order passed by this Court on 23.7.2003, shall be considered before conclusion of the departmental inquiry and passing final order."
17. | [
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2. Whether the Plaintiff Association which is admittedly in administration of the Trust property can be removed without resorting to the procedure set out in Sec. 92 of CPC? | [
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] |
It is impossible to find a government of laws alone and not of men in the sense of eliminating all discretionary powers. | [] |
As regards the future prospects in Rajesh and Ors. v Rajbir Singh and Ors. 2013 (6) SCALE 563 the Hon'ble Supreme Court held as under: Suit no. 289/14 Anita & Ors. v Naresh Kumar & Ors. Page no. 21 of 31 "11. | [
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He has submitted that it amounts to adjudication under Section 10(1) of the I. D. Act and while exercising the powers under Section 33C(2) of the I. D. Act, the labour Court has no power of adjudication. | [
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After grant of bail to co-accused Dildar Khan and Iqbal Hussain Khan by the two Hon'ble Judges Nahna again filed a third bail application and it was urged that on the ground of parity Nanha should also be granted bail. | [
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A notice was, therefore, sent by petitioners through an advocate to respondent Nos. 2, 3 and 4 on 6th September, 2003 (Exhibit-G) i.e. to Mahasangh, Joint Registrar, Cooperative Societies (Dairy) and Collector of Bombay, requesting them to start election process immediately by announcing election programme failing which the petitioners would take appropriate proceedings in accordance with law. | [
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{
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The report of the Chemical Examiner mentions that a sealed phial was received from the police officer by letter No. C/010 of 1961 dated April 18, 1961, but there is no evidence that the seal was the one which was affixed by Dr. Rote on the phial. | [
{
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{
"end": 232,
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] |
, the Court is certainly required to be guided by the provisions of the CPC more particularly Order 38 Rule 5 of the CPC etc. | [
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The High Court was of the opinion that they were unsustainable since they did not meet with the requirement of Section 8(3), which required reasons to be stated for reaching the decision that it would be in the interest of mineral development to renew TISCO's lease. | [
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{
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What is important is Sub Section (4) which provides that the answers given by the accused may be taken in to consideration by the Court in the trial in which he is examined and may be put in evidence for or against him in any other trial for any other 31 crapeal479-92- offence which such answers may tend to show he has committed. | [
{
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] |
Jaybhan Patidar was in-charge of the Police Chowki situated at M.Y. Hospital, Indore. | [
{
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{
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The survival of the American Constitution is generally attributed not so much to the amending Article V of the Constitution but to its vagueness which was exploited by the great judges of the Supreme Court of America who by their rulings adapted the Constitution to the changing conditions. | [
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This means that a person who goes there has not to seek anybody's permission to enter it provided he either has business there or as a spectator behaves himself. | [] |
The Hon'ble Supreme Court, however, answered this question by saying that the same is squarely answered by two earlier recent decisions of the Supreme Court in this regard as can be seen from paras 8 and 9 of the judgment, which are re-produced below:-
"8. | [
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"Evacuees" and "evacuee properly" were not matters enumerated in List I or III and consequently the Central Legislature had no power on 13-3-1949 to make laws regarding them by virtue of the provisions of Section 100. | [
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On the basis of this answer, the learned Public Prosecutor has contended that the Accused-1 and 2 have fired at the Deceased from point blank range. | [] |
PW21 has further deposed that he alongwith IO reached at SouthWest, Special Staff office, Dhaula Kuan, where accused Aman Bhardwaj @ Bobby, Kapil Sharma and Mohd. Tayyab were arrested by the special Staff on 25/07/2003 vide DD No. 12A U/s. 41.1 Cr.P.C. | [
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{
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{
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] |
In State vs. Sunil, CRL. L.P. No. 502 of 2014 decided on 19.08.2014; Hon'ble Delhi High Court observed as under:
"11...... No independent witness was associated in the recovery of 4 kg of charas from a public place. | [
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The Punjab and Haryana High Court also relied on the decision in the case of James Gardner v. Edward A. Lucas [1878] 3 AC 582 at page 603. | [
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Sowbagiammal arranged for the sale of the properties to the third defendant and the predecessor-in-title of defendants 5 to 12 and to the fourth defendant and the vendees under the three sale deeds paid the amounts to him. | [
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In our opinion the impugned public notice, copy of which is Annexure-3 to the writ petition and the letter to the petitioner from SEBI dated 27-2-1998 vide Annexure-4 to the writ petition were both issued under Section 12(1B) read with Section 16 of the SEBI Act and hence they cannot be said to be ultra vires. | [
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Thereafter, call was received at 1 pm in which again, he was asked to arrange money and he replied that he could arrange only Rs.1,50,000/-. | [] |
This judgment will dispose of both the writ petitions as the learned counsel for the parties agree that though the facts in writ petition No. 1313 of 1959 are somewhat different from writ petition No. 1307 of 1959 but the questions for determination are the same and both of them can be disposed of by this judgment. | [
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l) The petitioners shall furnish all the relevant documents for opening of the saving bank account and Fixed Deposit to Senior Manager of UCO Bank, Patiala House Court, New Delhi. | [
{
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{
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] |
Public order is the even tempo of life of the community taking the country as a whole or even a specified locality. | [] |
On May 27, 1959 the appellant repudiated the suggestion that he had made a false declaration of his age and asserted that the matter could not in any event be reopened. | [
{
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}
] |
was collected from Gurgaon and processed in Delhi 5.3 CW4 | [
{
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{
"end": 49,
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"start": 44
}
] |
As regards actual delivery, Hon'ble Supreme Court held in the case of Davenport and Co. (P) Ltd. v. CIT (1975) 100 ITR 715 (SC) that constructive or symbolic delivery is not sufficient, must be actual delivery. | [
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] |
It is stated that he was kidnapped on 14.5.2004 at about 3.00/3.30 p.m. when he was returning from his school. | [
{
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] |
Assuming the amounts were not loans, but part payments of the hire, they were still not chargeable to tax under the provisions of the Indian Income-tax Act, because the part payments had not been received by the owners bin India. | [
{
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"start": 134
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{
"end": 228,
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"start": 223
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] |
In cross-examination, he stated that he cannot give details of the year when deceased Sukhna complained about harassment at the hands of the accused. | [
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"start": 86
}
] |
The Chief Justice of Delhi High Court by his letter dated February 19, 1981, addressed to the Law Minister, did not recommend an extension for Shri Kumar. | [
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The gate and doors of the house were locked from inside. | [] |
The finding is contray to the evidence and is palpably ureasonable. | [] |
The police party headed by SI Hanuman Singh (PW18) parked their vehicle at a little distance of Hans Market and proceeded towards the spot on foot. | [
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In the Appellate Court's judgment, it is also mentioned that Bhagwan Kaur uninterruptedly remained in peaceful possession of the entire suit land since the death of the deceased Chanan Singh in 1969 till this date. | [
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In the result, the Labour Appellate Tribunal gave the appellant company permission to retrench "subject to the terms and conditions of Act XLIII of 1953, provided that each workman is paid at the rate of half basic wages and dearness allowance for the whole period from the date of lay off up to the date of retrenchment (less sums already received as lay off compensation)". | [
{
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] |
5.A Telecom Commission was constituted on 6-4-1989 comprising a Chairman and four full-time Members:
1. Member (Production)
2. Member (Services)
3. Member (Technology)
4. Member (Finance) | [
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In the light of the statutory provisions, neither the petitioners can claim inclusion of post or scheme not given therein nor the Department can do it without further amendment. | [] |
He also mentioned that besides him Pranab Chakraborty (PW-8), Nahar Ranjan Deb (PW-4), Satyendra Tanti (PW-9) were also present there. | [
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In my view, there has been no such amendment with respect to other sub-items of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter called Central Excise Tariff) and in absence of such amendment the conservative Central Excise understanding reflected in Brother Syiem's order with respect to Central Excise duty should continue. | [
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Crl. Appeal No. 907 of of 2007 (Y) PW25-Dr.M.Sathikumar, who was the Medical Officer, Forensic Department, Medical College Hospital, Kozhikode conducted autopsy over the dead body of Rosmin(elder daughter of deceased Suja). | [
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The impugned order of detention was clamped on November 28, 1985 and the period of one year as provided in Section 13 Of the National Security Act has also expired. | [
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The first proviso to the said Section had also used the word "entertain". | [] |
The said Award in the instant case is more akin to the award in the case of Messrs Sudarsan Trading Co. v. The Government of Kerala (supra) which has been held by the Supreme Court as non-speaking award. | [
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In the language of the Constitution a Judge does not lose the qualifications prescribed in the second clause of Article 217 on the attainment of the age of sixty years. | [
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D.W.6 said that he spoke to D.W.5, Srinu of Lalithanagar, Palasa Seshu and Bheemavarapu Raj Kumar @ Ravi and learnt from them the details of the incident. | [
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Similarly, decision of a quasi judicial authority would be vitiated if it is based on no evidence or if it is arbitrary and the conclusion which the authority has arrived at could not be reached by any reasonable person or body of persons. | [] |
Enquiry officer acting in a quasi judicial authority is in the position of an independent adjudicator. | [] |
In the present case, however, we are concerned with a specific statute, namely. Section 8 of the Hindu Minority and Guardianship Act. 1956. | [
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In June 1978, Application No. 102987 was filed in Thailand on behalf of the Needle Industries U.K. as owners of the Trade Mark 'Pony' which is clear from the Trade Mark Attorney's letter dated January 22, 1979. | [
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The Judgment of the Court was delivered by Hidayatullah, J. | [
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In Vijay Kumar v. Narendra and Ors. (supra), Supreme Court only laid down guidelines for grant of bail. | [
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It is inconceivable that PW 8 Joraram and PW 9 Chetram, who had no grouse or malice against the appellants, would deliberately omit the name of Jaideo who is their arch enemy and substitute in his place the names of the appellants as the assailants and that too for no rhyme or reason. | [
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(N.K.Gupta) Vacation Judge AKM M.Cr.C. No.7928/2014 09/06/2014 Shri R.B. Singh, Advocate for the applicant. | [
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According to the deposition of PW25 Deepak Gupta, DGM, Vodafone Essar South Ltd., the call details of mobile phone No. 9811134191, in the name of Sanjay Gupta from 01/05/2003 to 29/07/2003, were extracted from the system and were provided to the police, which are Ex. PW25/B.
| [
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