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There is nothing inherently illegal or improbable making a provision of such a type
Ratio of the decision
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State of West Bengal [(1975) 2 SCC 78 1974 Indlaw SC 475],this Court opined: "There was thus delay at both stages and this delay,unless satisfactorily explained,would throw considerable doubt on the genuineness of the subjective satisfaction of the District Magistrate,Burdwan recited in the order of detention
Precedent
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So long, such orders of assessment are not passed by the competent assessing authorities, it cannot be said that the Appellants are liable to pay a huge amount by way of income tax dues on the basis of such orders of assessment which have since been set aside
Ratio of the decision
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Since the mutation Entry No.1836 was cancelled by above order,the Talathi gave effect to these orders and effected the mutation Entry No.2176 and showed the disputed properties in the name of the Collector and Deputy Custodian of Evacuee Properties
Facts
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The High Court construed as if this Court has only waived the limitation for filing of Letters Patent Appeal and there was no direction to consider the case on merits
Facts
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As observed in Pulukuri Kottaya's case 1946 Indlaw PC 23 (supra) it can seldom happen that information leading to the discovery of a fact forms the foundation of the prosecution case
Ratio of the decision
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What is investigation is not defined in the Code of Criminal Procedure; but in H.N. Rishbud and Inder Singh v. State of Delhi 1954 Indlaw SC 14 this Court has described, the procedure, for investigation as follows: "Thus, under the Code investigation consists generally of the following steps, (1) Proceeding to the spot, (2) Ascertainment of the facts and circumstances of the case, (3) Discovery and arrest of the suspected offender, (4) Collection of evidence relating to the commission of the offence which may consist of (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit, (b) the search of places of seizure of things considered necessary for the investigation and to be produced at the trial, and (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet u/s
Precedent
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Obtaining the 'views' of the State Government,as already stated,did not amount to obtaining its 'approval'.Procedure and conditions for affiliation could not be inconsistent with the provisions of the Central Act,in particular s.10(k) of the Regulation,and the University could not seek approval of Government
Ratio of the decision
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JT 2004 (6) SC 110], 2004 Indlaw SC 606 a three-Judge Bench of this Court of which we were members upon taking into consideration a large number of decisions held : "Although we do not intend to express any opinion as to whether the cooperative society is a "State" within the meaning of Art
Precedent
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We make it clear that regarding the character of these institutions -whether they are Minority Educational Institutions -we express no opinion
Ratio of the decision
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that the management exercises control over the standard in quality,quantity and the rate of the food items supplied to the workmen for whose benefit the canteen is established
Ratio of the decision
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The learned Special Court, despite, such a contention having been raised by the Appellants in their affidavit in reply did not advert thereto
Ratio of the decision
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35.It is now too well settled that every State action,in order to survive,must not be susceptible to the vice of arbitrariness which is the crux of Art.14 of the Constitution and basic to the rule of law,the system which governs us
Precedent
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They must,therefore,take intelligent interest in the proceedings,bearing in mind two considerations: (i) that the life and liberty of an accused may depend on their vigilance and caution and (ii) that justice should be done in the identification
Precedent
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It was said, "The concern about drug prices, therefore, really arises from the fact that many of them are essential to the health and welfare of the community; and that there is no justification for the drug industry charging prices and having a production pattern which is based not upon the needs of the community but on aggressive marketing tactices and created demand
Ratio of the decision
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Shri Sushil Kumar Jain, the learned counsel for the accused-appellant has placed reliance on Shankarlal Gyarasilal Dixit v. State of Maharashtra, AIR (1981
Argument
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The Tribunal concluded that there was no doubt that the Personnel Manager modified Ex.W-50 and obtained Ex.W-49 in the modified form
Argument
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In terms of Section 46(1),not only that the applicant has to show that he is an aggrieved person as his interest is being affected but the IPAB must also be satisfied,before it directs the removal of registered trade mark,that the applicant is an aggrieved person before it invokes the power in directing the removal of the 26 registered trade mark
Ratio of the decision
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In the absence of such list,they can themselves devise the method for such selection
Ratio of the decision
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235 (1) and s. 236 are mutually exclusive and if a case is covered by one of them it cannot be covered by the other
Ratio of the decision
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Assistants as may be expressed in the order of their appointment),one or more Naib-Tahsildars in a taluka,and one or more Additional Tahsidars or Naib-Tahsildars therein and such other persons (having such designations) to assist the revenue officers as it may deem expedient
Statute
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The statement afforded an indication merely of what the additional financial load would be if a flat increase was given to the individual workman on the alternative basis set forth therein
Ratio of the decision
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The High Court vide its order dated 26.3.2004 held that the accused suffered the agony of trial lasting for 12 years
Ruling by Lower Court
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Emphasis supplied
Facts
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The appeals are allowed
Ruling by Present Court
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2 lakhs and interest thereon from the date of suit and for costs originally against the State of Travancore now the State of Kerala-the respondent-and three others who however were not made parties in the appeal before the High Court
Facts
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It is the prosecution case that as Secretary of VESCO and the resident representative of the Managing Agents, the respondent No
Argument
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The non obstante clause in Rule 18,namely,"Notwithstanding anything contained in Rules 1,4 and 17 of this chapter",makes it abundantly clear why that rule uses the words "finally disposed of".As seen above,under Rules 1 and 17,applications u/arts.226 and 227 are required to be heard and disposed of by a Division Bench
Precedent
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As noticed hereinbefore, the High Court's observation remained unchallenged, that the project was to be financed by ODA
Ratio of the decision
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2.Before making any order under sub-section
Statute
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Since the appellant-MCD was not given any opportunity by the High Court to file conduct report of the respondent,the order impugned in this appeal is liable to be set aside
Ratio of the decision
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The only requirement as per the statute 9(7) was for the University to obtain the "views" of the State Government
Ratio of the decision
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What would be the effect of the jurisdictional question as regard maintainability of the said application, being barred by limitation, would indisputably fall for consideration before the Special Court
Ratio of the decision
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Under this system,the colleges were allowed to admit students of their own choice to the extent of 15
Facts
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As regard the tax liabilities of the Appellants, herein, we would request the learned Judge, Special Court to consider the matter afresh in the light of the observations made hereinbefore
Ratio of the decision
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On the pointing out by A-10,the said sword was also recovered and taken into possession through a panchnama
Facts
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In making the application of 22nd
Statute
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The workmen have the protection of continuous employment in the establishment
Facts
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These are the provisions relating to human behaviour and,therefore,cannot be given such a narrower meaning,which would defeat the very purpose of the provisions of the Act Of course,these are penal provisions and must receive strict construction
Ratio of the decision
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2) A person shall not be qualified for appointment as a Technical Member for the purposes of this Act unless he
Statute
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In so far as institutions imparting technical education were concerned,the University or the State Government had no independent role to play except to the extent provided in the above said enactment,in the present case,the AICTE had made inspections and was satisfied that the necessary infrastructure was available and that the appellant would be able to conform to the required standards of the education
Argument
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Any information sought by the manufacturer may be given to him at the hearing in terms of what we have said in the judgment
Ratio of the decision
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Paragraph 17 requires the Government to maintain the Drugs Prices Equalization Account to which shall be credited, by the manufacturer, among other items, "the excess of the common selling price or, as the case may be, pooled price over his retention price
Statute
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In judging a question of prejudice,as of guilt,the courts must act with a broad vision and look to the substance and not to the technicalities,and their main concern should be to see whether the accused had a fair trial,whether he knew what he was being tried for,whether the main facts sought to be established against him were explained to him fairly and clearly,and whether he was given a full and fair chance to defend himself
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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12 of the Constitution of India
Precedent
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The decision of the Allahabad High Court in T. R. Mukherji's case (IL), is directly in point and is clearly to the effect that the different clauses of s. 239 are mutually exclusive in the sense that it is not possible to combine the provisions of two or more clauses in any one case and to try jointly several persons partly by applying the provisions of one clause and partly by applying those of another or other clauses
Ratio of the decision
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The workmen have been employed for long years and despite a change of contractors the workers have continued to be employed in the canteen
Facts
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It was the appellant's case that he had been in occupation of the said 160 acres of Cherikkal land (unregistered dry lands in hilly tracts) about which and the adjoining lands there was a dispute as to whether the same belonged to a jenmi family known as Koodalvalli Illom--hereinafter called 'the Illom or to the Government of the erstwhile Travancore State
Facts
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That is why they read rather queer but even so they serve the purpose of allowing certain offences triable by a court of Session, to be triable also by Magistrates of the First Class
Ratio of the decision
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The High Court, after deciding various issues, remanded the cases to the Compensation Officer under the Act, after over-ruling most of the contentions pressed before it by the appellant
Facts
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Sub-cl.10 of Regulation 8 states that the decision of the Council shall be communicated to the State Government concerned or the UGC,as the case may be,the concerned University or the State Board,the Regional Office and the applicant before 30th April in case the application was made before the preceding 31st December
Ratio of the decision
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Hans Raj,[1974] 2 S.C.R.524 1973 Indlaw SC 208 which was dealing with section 39(2) of the Delhi Rent Control Act,1958 in second appeal
Precedent
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The copyright work which comes into being should be original in the sense that by virtue of selection,coordination or arrangement of pre-existing data contained in the work,a work somewhat different in character is produced by the author
Precedent
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Before we deal with the contentions urged on behalf of the Appellant it is necessary to have a clear picture of certain broad features of the case
Ratio of the decision
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Such conduct precludes and operates as estoppel against him with respect to asserting a right over a portion of the acquired land in a situation where the scheme in question has attained finality following as a result of the appellant's inaction
Ratio of the decision
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Order, 1979 was made
Ratio of the decision
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the suit not maintainable against defendant No.5 for failure to give notice u/s 80 of CPC
Facts
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7.Where
Precedent
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The prosecution in order to establish its case examined six wintesses and filed some documentary evidence
Facts
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In Parshotam Lal Dhingra 1957 Indlaw SC 103
Precedent
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Such non-user for a temporary period may be due to any exigency including a bar under a statute,or a policy decision of the Government or any action taken against the registrant
Precedent
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i)In view of the decision of this Court in L.S. Synthetics Ltd. v. Fairgrowth Financial Services Ltd. and Another [(2004) 11 SCC 456] 2004 Indlaw SC 715 all properties belonging to the notified persons being subject to automatic attachment, could be applied for discharge of the joint liabilities of the Harshad Mehta Group in terms of S. 11 of the Act
Argument
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The appellant was unable to prove that there had been no such user of the trade mark for a continuous period of 61 months or longer and the lack of bona fide intention The expression "by any registered proprietors in S.46(1)(b) should not be restricted to user by proprietor or registered user who should also include bona fide or authorized users The legislature did not intend to register proprietor to be deprived of their property at the instance of user whose use is unregistered
Facts
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The 1961 Act was enacted to provide for rules defining with sufficient precision in certain matters the conditions of employment of employees in undertakings in the State of Madhya Pradesh
Statute
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It is not correct that no cause of action survived against Jain Industries
Ratio of the decision
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Since the appellant's petition of objection had been filed much beyond the period prescribed under that section, the Special Court was right in rejecting the petition in limine
Precedent
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11.It is not in dispute that in certain cases payments have already been made
Precedent
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3) of S. 3 are clear
Precedent
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376 of the IPC but maintain his conviction for the other offences but commute his death sentence to life
Ruling by Present Court
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The AICTE sent a communication on 30.4.1995 stating that on the basis of the observations made by the Expert Committee and the recommendations made by the Central Regional Committee,State Level Committee and Central Task Force as per the provisions of the AICTE regulation dated 30.1.1994,the AICTE was granting conditional approval for establishing an Engineering and Technical College
Facts
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In the case of Commissioner of Central Excise,Chandigarh v
Precedent
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He also relied on a decision of this Court in the case of Mohan Balaku Patil & Ors.vs
Argument
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Liver,kidney and spleen were pale
Facts
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From this receipt it is evident that possession of 50.12 acres was handed over by the Tehsildar and taken over by the Appellant and the Military Estate Officer Sukhchain Lal Jain
Argument
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The said Receiver was not aware of the fact that Nalban Fishery had in fact requisitioned by the State of West Bengal and the State is in possession of the same since November,1369.The possession -thus taken by the Receiver of the vast extent tank fishery is obviously a symbolical possession but in view of the order of this Court dated 18.4.1979 as well as 22.4.1979 while passing a decree in terms of compromise arrived at between the parties and on the admitted position that State had already come into possession of the fishery by virtue of the order under the Requisition Act,the said fishery remained out of the purview of the allotment made by the Sarkar family in the compromise and,therefore,the Receiver could not have taken possession of the same
Ratio of the decision
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I used to be noted and the amount totalled up at the end of the day
Facts
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The Division Bench or the learned single Judge did not record any finding as to the period up to which the bicycles could be imported into India and the period during which the ban was imposed but for which the respondent had an intention to import bicycles but were prevented to do so due to the ban
Argument
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Rajesh Ranjan : 2005 (3
Precedent
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In our opinion,he would be guilty of playing fraud on the Court as well as on the opposite party
Ratio of the decision
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Law is well settled that when the prosecution relies upon circumstantial evidence,all the links in the chain of circumstances must be complete and should be proved through cogent evidence
Ratio of the decision
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P.C.Agrawala,learned senior counsel for the appellant Mahesh (accused no.3),vehemently submitted that this accused ought not to have been convicted u/s.302 with the aid of Ss.34 and 120 (B) of IPC.In particular it was submitted that the role attributed to the accused was that he merely stood outside the house
Argument
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can it be said that the accused had the intention to strike terror,much less in a particular section of the society,when they entered into an altercation at the video parlour or even when they went after the complainant party and opened an assault on then opposite Jagdamba hotel or at the Math
Ratio of the decision
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Meghraj Biscuits Industries Ltd." on the wrapper and not on the product
Facts
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It shall also be open to the competent authority,University and the Government of Karnataka/Tamil Nadu to bring any such irregularity to the notice of this Court by way of an interlocutory application for appropriate orders in that behalf
Facts
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In the present case,the appellant is engaged in the manufacture and sale of cigarettes
Ratio of the decision
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With these prefatory observations, we proceed to formulate the many points urged and give our findings and reasons, one after the other
Ratio of the decision
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Conservators,Forest,if not already made,in accordance with Rule 5(b) read with Appendix B and Rule 6
Precedent
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645 1993 Indlaw SC 1168.The Mahatma Gandhi University had included this appellant in the list of colleges and courses which were granted affiliation during 1995-96 and the University had written to the State Government on 31.5.95 that as per statute 9(7),the "views" of the government were to be sent before granting affili-ation
Facts
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The occurrence allegedly took place in the afternoon of 22.4.2003
Facts
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U/s.28 of the Trade Marks Act,1999,registration gives to the registered proprietor of the trade mark the exclusive right to the use of the trade mark in relation to the goods in respect of which the trade mark is registered and to obtain relief in respect of infringement of the trade mark in the manner provided by the Trade Marks Act
Ratio of the decision
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which refers to "pre-grant opposition" and "post-grant opposition") was brought into force on and from 1.1.2005 whereas amended Section 117A by which appeal was provided for against post-grant opposition order was not brought into force till 2.4.2007.One more aspect needs to be mentioned
Ratio of the decision
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Thus, he was always available to the police
Ratio of the decision
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If a document was called for in absence of any pleadings, the same was not relevant
Ratio of the decision
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Indlaw SC 732 v. Custodian and Others [(1998) 5 SCC 1] wherein the following questions were framed: "What is meant by revenues, taxes, cesses and rates due
Precedent
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Section 6(1) of the Act bars the jurisdiction of the Court to take cognizance of an offence for which previous sanction is required and has not been given
Precedent
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The Town Planning Officer shall,before proceeding to deal with the matters specified in section 52,publish a notice in Form H in the Official Gazette and in one or more Gujarati newspapers circulating within the area of the appropriate authority
Statute
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The expression "according to law" in section 35 of the said Act referred to the decision as a whole,and was not to be equated to errors of law or of fact simpliciter
Ratio of the decision
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Thus,the University ought to have considered the grant of final or further affiliation without waiting for any approval from the State Govern-ment and should have acted on the basis of the permission granted by AICTE and other relevant factors in the University Act or statutes,which are not inconsistent with the AICTE Act or its Regulations
Ratio of the decision
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What else would be relevant if not this
Precedent
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