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1) of S. 4 of the Act reads as under: "Contracts entered into fraudulently may be cancelled.-- If the Custodian is satisfied, after such inquiry as he may think fit, that any contract or agreement entered into at any time after the 1st day of April, 1991 and on and before the 6th June, 1992 in relation to any property of the person notified under sub-s
Statute
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Sri T.L.Viswanatha Iyer also contended that though the State Government stated in its counter affidavit filed in the High Court that the "policy" of the Government was not to grant approval to self-financing engineering colleges to be established,such a policy could not come in the way of the appellant in view of what this Court has stated in similar circumstances in Thirumuruga Kirupan & Variyar Thavathiru Sundara Swamigal Medical Education & Charitable Trust v
Argument
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2) Save as otherwise expressly provided in Sub-section (1),an appeal shall lie to a High Court from any decision,order or direction of the Controller under any of the following provisions,that is to say,Section 15,Section 16,Section17,Section 18,Section
Statute
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Thus,the provisions in the BT & AL Act give no scope or room to think that the plea of tenancy if raised by the defendants in a suit in a Civil Court,the same could be decided by the Civil Court
Ratio of the decision
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P. 2 is a certified copy by the Tehsildar dated 18-9-63 which shows that as per the Girdawari on 20-3-63 crops were standing on the lands in the village Ahmedpur acquired by the Military authorities for Sirsa 3 Airfield construction, the details of which were that the total land acquired for Airfield 49 acres, the land on which crops were standing in good condition 23 acres and the land on which crops were standing in damaged condition 7 acres and uncultivated land 19 acres
Ratio of the decision
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Once the prosecution proves its case with regard to the basic ingredients of Section 304-B,the Court will presume by deemed fiction of law that the husband or the relatives complained of,has caused her death
Ratio of the decision
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On August 12,2003,the Madras High Court framed the following issues:
Facts
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It will be noticed that cl.9(7) of the statute required that before the University took a decision on "affiliation",it had to ascertain the "views" of the State Government
Ratio of the decision
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the plaintiffs prove that the T.V.serial entitled "Yeh Jo Hai Zindagi" was produced by the defendant Nos.1 to 4 as agents and (the said serial made by defendant Nos.1 to 4) in the course of their employment with the plaintiffs as alleged
Facts
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Applying the above principles to the present case,it must be held that the benefit of notice provided under the Act and Rules being for the benefit of the Appellant in which no public interests are involved,he has waived the same
Ratio of the decision
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It also observed that there was widespread student prospects against starting new colleges and it was necessary to be cautious in the matter of starting new engineering colleges
Ratio of the decision
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In the former case,it can be waived while in the case of the latter,it cannot be waived
Precedent
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The appointing authority,in absence of any delegation of power having been made in that behalf,was the State Government
Ratio of the decision
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Hence,these civil appeals
Facts
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The learned Special Judge has accepted the figures stated by the Custodian at face value without probing the basis on which the statement was prepared, even though the Appellants in their sur-rejoinder asserted that the figures in the statement were contrary to both the books of accounts drawn by them as also the Auditor's report
Argument
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A bare reading of the aforesaid provision would show that the provision uses the word 'and' for State Government but for other Revenue officers
Ratio of the decision
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Therefore,it was submitted that the Court of Small Causes committed an error of law resulting in miscarriage of justice
Ratio of the decision
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It is not to be exercised in a case where there is no basis in law which can form an edifice for building up a superstructure
Precedent
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To claim copyright in a compilation,the author must produce the material with exercise of his skill and judgment which may not be creativity in the sense that it is novel or non-obvious,but at the same time it is not a product of merely labour and capital
Precedent
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Paragraph 14 contains some general provisions regardingprices of formulations
Statute
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Keeping the aforesaid principles in mind as to when the High Court would be justified,in the exercise of its power under Section 121A of the Act,to examine the legality of the orders of the tribunals below in an appropriate case,let us now examine the findings of the High Court,while setting aside the concurrent findings of fact of the Tribunals below
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The contributions like ESI,Provident Fund,etc.had also been categorically specified to be provided by the appellant and ESI code for the permanent establishment and for the present workmen was the same; that after the evidence was tendered by the workmen the appellant got the code changed and the appellant transferred the workmen from one place to another and that the amount to be surrendered by way of unpaid salaries had to be remitted back to the management
Facts
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At the time of marriage,it was promised that a dowry of Rs.25,000/-,besides other formalities,would be paid by the side of the wife to the husband
Facts
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Sub-s.(3) of s.40 of the said Act provides that if a protected tenant dies without leaving any heirs all his rights shall be so extinguished
Statute
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Apart from the fact that an appeal is ordinarily considered to be a continuation of the original proceeding, in the present case, we notice that further orders of the Supreme Court were also in contemplation and such further orders could only be if appeals were preferred to the Supreme Court
Ratio of the decision
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But what the amendment did was to make that conspiracy itself punishable
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Mr. Goburdhan has also laid much stress on the apparent discordance between the prosecution story and the medical evidence and has argued that had the accused attempted to commit suicide, the gun shot must, of necessity, had to be fired from a very close range on which the wound would have marks of burning or charring and that in any event a full blooded shot from a very close range would have torn his face apart
Argument
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Jitendra is a doctor,resided and practiced at Khamaria,whereas his wife resided at Jevra
Facts
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V. State of Bihar (2002) 1 SCC 679 2001 Indlaw SC 21243, and R.R.Khanna Reddy & Anr
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Puneet Kishore (2002) 10 SCC 194 2001 Indlaw SC 21204,this Court while allowing a transfer petition directed the court concerned to decide the case of divorce by mutual consent,ignoring the statutory requirement of moving the motion after expiry of the period of six months under Section 13-B(2) of the Act
Precedent
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The Board, however, agreed with what was apparently the view of both Courts in India that under the circumstances of this case, as already set forth, by the law of India, which they appear to have correctly interpreted, the Government officials were in possession "not as mere trespassers" but under such a colour of title that the buildings erected by them on the land ought not to be included in the valuation as having become the property of the landowner
Precedent
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Under 5(1)(c)-A Public servant is said to commit the offence of misconduct in the discharge of his duty if he dishonestly or fraudulently misappropriates or otherwise converts for' his own use any property entrusted to him or under his control as a public servant or allows any other person so to do, and under (d) if he by corrupt or illegal means or by otherwise abusing his position as a public servant, obtains for himself or for any other person any valuable thing or pecuniary advantage
Statute
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Besides examining the ingredients of the provision,it would also be necessary for us to examine the meaning and connotation of the expressions 'dowry death','soon before her death' and 'in connection with,any demand for dowry' as appearing in the said section
Ratio of the decision
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Haricharan Dutt conveyed Ms one third share in the premises to them on the 4th March,1944, and Durga Charan Dutt conveyed his one-third share to them on the 3rd May, 1946
Facts
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We should have thought this Was an obvious conclusion but the learned Advocate for the Appellant strenuously contended that the charge against the Appellant was of a motiveless offenceand in any case the facts as disclosed show that not only at thetime when the First Information Report was given but even at the time when sanction was accorded that the prosecution wag merely concerned with the charge that the appellant bad allowed the crops to be cut on the condition that Rs. 2500 will be paid and received the money and misappropriated or converted it tohis own use by not paying it into the Govt
Ratio of the decision
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This ground of repugnancy alone would be sufficient to quash the State Government's letter dated 16.8.1996 refusing to give their approval
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P/23
Facts
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In view of the difference of opinion, the learned acting Chief Justice assigned the case for hearing by a third Judge under Section 392 of Cr
Facts
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In Hardie Trading Ltd 2003 Indlaw SC 756.(2003) 11 SCC 92),this Court stated as follows: " The phrase "person aggrieved" is a common enough statutory precondition for a valid complaint or appeal
Precedent
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In this regard support was sought from the decision of this Court in Raizada Topandas and Another v
Argument
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d) that the invention so far as claimed in any claim of the complete specification was publicly known or publicly used in India before the priority date of that claim
Statute
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v)Whether the residential properties should have been released from attachment
Ratio of the decision
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Secondly,it was emphasised by Mr
Ratio of the decision
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In Academy of Nutrition Improvement and Others vs
Precedent
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So also the discov-ery of 'B' group blood-stain on the underwear cannot be treated as an incrimi-nating piece of evidence against the accused connecting him with the crime because there is no evidence that the underwear belonged to the accused and further the possiblity of the underwear being stained with the blood of the person to whom it belonged, or the accused if he was wearing it has not been ruled out
Argument
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Mani Ram Patwari had stated that by the 20th March 1963 some ground had been cleared
Ratio of the decision
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The appellant no. 2 is on bail
Ruling by Present Court
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Though the decree in the dissolution suit was not binding in these proceedings,inter se between the parties as partners it is a piece of evidence which cannot be wholly ignored
Ratio of the decision
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When there is existence of such relationship mandamus could not be refused to such an aggrieved party
Precedent
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2500 for allowing the standing crops to be cut from the land acquired for the extension of Air Field
Facts
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It is also the case of the prosecution that as a result of the aforesaid stab injuries given to the deceased, he expired on the same day i.e. on 19.04.1988
Facts
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LJ NOC 20 Mad.,the Court observed as under: "If any report is filed by the probation officer,the Court is bound to consider it
Precedent
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He has no enforceable claim against the State at this juncture
Ratio of the decision
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4.2 Charterers to load last three cargoes clean and re-deliver the vessel in clean condition
Statute
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It was registered in the name of 7th and 8th partners,Girdharlal who was the appellant and his father
Ratio of the decision
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Every Opposition Board constituted under cl.(b) shall conduct the examination in accordance with such procedure as may be prescribed
Statute
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Therefore,it was submitted that the suit lacked cause of action
Argument
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The surplus that remained after meeting the aforesaid deductions would be available for distribution as bonus
Ratio of the decision
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Registrar of Trade Marks under Section 46,56 and 107 of the Trade and Merchandise Marks Act,1958 for rectification of entry relating to the Registered Trade Mark No.228867 in Class 7.After
Facts
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He may not, in these circumstances, explain transactions before the Income Tax authorities, in case his position is prejudicially affected in defending criminal charges
Precedent
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If so a charge under Section 5(1)(c) would implicate those persons also in the commission of an offence which certainly would not have, been in the contemplation of the authorities granting the sanction
Ratio of the decision
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An order was passed to appoint a Chartered Accountant to complete the audit of the accounts
Facts
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2.The bills of cost of production
Argument
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In L.S. Synthetics Ltd
Precedent
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Ms. Vibha Datta Makhija, learned Senior Counsel appearing for the appellants contended that the evidence of the witnesses suffers from material discrepancy and is self- contradictory
Argument
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In view of our foregoing discussions, we are of the opinion that: (i
Ratio of the decision
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Explanation IX defined the word "brand name" or "trade name".The same is quoted hereinbelow
Ratio of the decision
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He received the information about the incident on telephone at about 10.45 p.m. and reached the place of occurrence at about 11.30 p.m. and he must have been there for quite some time and thereafter returned to the police station which must have taken another about 1.30 to 2 hours
Ratio of the decision
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PW-1 also alleged that on 19.04.1988 the deceased Rauji returned from his duty at about 6.30 p.m. and thereafter went to purchase some articles
Facts
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In that case the Court was considering the importance of rights under Section 5A vis--vis S.17(1) and S.17(1
Precedent
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It is also not in dispute that the Respondent- Authority has been constituted under Madhya Pradesh Nagar Tatha Gram Nibesh Adhiniyam, 1973 (Adhiniyam); S. 47 whereof mandates that all appointments to the posts of officers and servants included in the State cadre mentioned in Section 76-B of the Development Authority Services must be made by the State Government and the appointments to the posts of officers and servants included in the local cadre in the said services by the concerned Town and Country Development Authority
Ratio of the decision
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The evidence adduced by the prosecution does not, therefore, show that any demand for "dowry" as defined in Section 2 of the Dowry Prohibition Act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure
Ratio of the decision
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Alternatively, the State Government has not made any directions under sub-s
Ratio of the decision
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Under certain circumstances,offerree s silence,coupled with his conduct,which takes the form of a positive act,may constitute an acceptance an agreement sub silentio
Ratio of the decision
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Both the Assistant Judge and the High Court negatived the claim of the appellant
Precedent
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The points which he urged are briefly these: (1) That there was a misjoinder of charges and persons in that the various provisions of s. 239 were clubbed together and an omnibus charge of conspiracy was framed which on its face was one likely to embarrass the respondents and make their task of defending themselves difficult
Argument
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It was held that he had thereby waived his right to have the caveat set aside as lapsed u/s.23.The Privy Council held that the limitation of time contained in S.23 was introduced for the benefit of the applicant,to enable him to obtain a speedy determination of his right to have the land brought under the provisions of the Act and that it was competent for the applicant to waive the limit of the three months,and that he did waive it by stating a case and applying for and obtaining an order upon the appellant to state her case both,which steps assumed and proceeded on the assumption of the continued existence of the caveat
Precedent
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Sub-cl.5 of Regulation 8 requires the Regional Office to arrange visits by an Expert Committee constituted by the Council which is to forward its recommendations to the Council
Ratio of the decision
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The first respondent was incorporated and registered in September 1978 under the name of Jupiter Agencies Pvt
Facts
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The change in the title from 55th episode "for Vicco Laboratories" was introduced
Facts
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As and when the temporary posts are converted either into permanent posts or the vacancies arise due to superannuation of the senior officers,they should be fixed in the respective vacancies and fitment made
Ruling by Present Court
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In Civil Revision Petition No.1006 of 1972 which was filed by Abdul Khader as against others,Justice R.Ramachandra Raju of the Andhra Pradesh High Court on or about 19th August,1974 held that Abdul Khader was not a protected tenant and directed deletion of entry made in the Final Record of tenancies as a spurious one
Facts
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The questions which have been raised before us by Dr. Dhawan had not been raised before the Labour Court
Ratio of the decision
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To say that the words "finally disposed of" mean finally disposed of so far as the High Court is concerned is illogical because Rules 1,4 and 7 use the words "be heard and disposed of by a Divisional Bench" and were the reasoning of the Full Bench correct,it would mean that so far as the High Court is concerned,when a Single Judge hears a matter and disposes it of,it is finally disposed of and when a Division Bench disposes it of,it is not finally disposed of
Precedent
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In the event in passing his judgment on an application which had mentioned in its cause title both Arts.226 and 227,the Single Judge has in fact invoked only his supervisory powers under Article 227,the appeal under cl.15 would not lie
Precedent
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Now,as the arbitrator has already been appointed,he will go into the matter as to whether the petitioner was a protected tenant of the lands or not and if he was the protected tenant to what share in the compensation amount he would be entitled to
Ruling by Lower Court
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His acquittal has not been challenged by the State before us,thus,we are not called upon to discuss this aspect of the matter
Ratio of the decision
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According to PW-1, in order to avoid the assault by all of them, they went to "bulcao" (balcony
Facts
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Against the interim order,the appellant-State filed the Special Appeals
Facts
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It is optional for the petitioners to adopt any one of these three modes and apply it uniformally
Facts
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x = cm x
Facts
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It was further ordered that a detailed list of the assets be prepared and signed by both the parties and the assets be transferred to the Company
Facts
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Private Ltd.in 1951
Argument
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Therefore,learned senior counsel appearing for the appellant,prayed that order dated 26.3.2004 in Crl
Argument
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no.3 to move an application opposing grant of patent under S.25(2).The patent was granted to the appellant on 22.9.06.According to the appellant,it was open to respondent no.3 to challenge the grant of patent by making "post-grant opposition" under S.25(2) from which an appeal was maintainable to the Appellate Board
Argument
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Paragraph 12 empowers the Government to fix leader prices of formulations of categories
Statute
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It is true,as submitted by learned counsel for the appellant,that the order of the learned Single Judge nowhere stated that the Court was considering the writ petition u/art.226 of the Constitution of India
Precedent
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To a similar effect are the observations in Kenicott v. Supervisors of Wayne County, (1873) 83 U.S. 452 21 L., Ed
Precedent
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January,2005,the said committee recommended to the State Government the shifting of the district jails from congested areas to outside the city limits within the district
Facts
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Out of this amount,a sum of Rs.15,000/was paid at that time and it was promised that the balance dowry of Rs.10,000/would be paid in the month of October,2002,upon which the marriage was performed
Facts
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