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The use of the expression 'Divisional Forest Officers is erroneous although Forest Officers are appointed from among Divisional Forest Officers
Ratio of the decision
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The unsuccessful defendants preferred an appeal against this decree to the High Court of Judicature at Madras
Facts
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The accused was told by the witness that the punishment could be 20 or even 40 years of imprisonment or imprisonment for life
Ratio of the decision
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307 if there is present an intent coupled with some overt act in execution thereof
Precedent
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X and Y can be charged not only with offences under ss
Ratio of the decision
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It is contended that the registered user must be understood to be the user by the proprietor or authorized user registered under Section 48.The period of 5 years should be computed from that date of expiry of registered user
Argument
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The deceased died in the bus at about 10.30 p.m. on 23-6-1998 while travelling to his village home from Tuni
Precedent
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The appeal stands disposed of in terms of aforesaid order
Ruling by Present Court
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307 IPC and the same warrants no interference
Argument
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Edges were clean out
Facts
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Investigation, in substance, means collection of evidence relating to the commission of the offence
Precedent
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Two of the accused persons preferred a revision application before the High Court of Andhra Pradesh in which they challenged the charges framed against them
Ratio of the decision
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Since we have been informed that the writ petition challenging the amended Act is still pending in the Calcutta High Court we may observe that our conclusion hereunder in relation to applicability of the amended provisions of the West Bengal Land Reforms Act,so far as Nalban Fishery is concerned,would be subject to the constitutionality itself to be decided by the High Court in the pending writ petition
Ratio of the decision
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that the tank fishery vested with the State of West Bengal
Argument
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Similarly as regards Writ Petition No.482 of 1993,it was observed that according to the petitioner in that case the medical college run by it at Vellore in the State of Tamil Nadu is a well-reputed institution,admission to which is made on the basis of All India entrance test conducted by the petitioner and that the admissions are made on the basis of merit and the fee charged by it is not more than the fees chargeable in similar governmental institutions and that there has never been any complaint about the working of this institution and it was observed that this fact was not disputed by Shri Seetharaman,learned counsel for the State of Tamil Nadu
Ratio of the decision
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No objection, however, was taken in the courts below on this score and in the absence of any prejudice to the respondents
Ratio of the decision
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In ShivaIi Nathubhai v. Union of India & Ors.,1960 Indlaw SC 430 (supra) it was decided by the court that the power of review granted to the Central Government under Rule 54 of the Mineral Concession Rules required the authority to act judicially and its decision would be a quasi-judicial act and the fact that Rule 54 gave power to the Central Government to pass such order as it may deem 'just and proper' did not negative the duty to act judicially
Precedent
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The language in which the aforesaid sub-s.s are couched also shows that the Legislature intended that computation of maternity benefit is to be made for the entire period of the woman worker's actual absence i.e.for all the days including Sundays which may be wageless holidays falling within that period and not only for intermittent periods of six days thereby excluding Sundays falling within that period for if it were not so,the Legislature instead of using the words "for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day" would have used the words "for the working days falling within the period of her actual absence immediately preceding and including the day of her delivery and the six weeks immediately following that day but excluding the wageless days".Again the word "period" occurring in s.5(1) of the Act is a strong word
Ratio of the decision
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The said receiver will be fully justified in rectifying any mistake or error committed by him while implementing the direction of the court
Ratio of the decision
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The Division Bench,however,observed that the appellant was at liberty to make a fresh application to the Government of Kerala for according sanction for setting up the Engineering College or to request the Government to consider the earlier application,for a future academic year
Facts
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S.13 deals with criminal misconduct by a public servant
Statute
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e) A was charged with murdering Haidar Baksh on the 20th January,1882,and Khoda Baksh (who tried to arrest him for that murder) on the 21 st January,1882.When charged for the murder of Haidar Baksh,he was tried for the murder of Khoda Baksh
Statute
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In doing so,the High Court noticed that the admitted position in the pleadings and the oral evidence is that the petitioners agreed to sponsor only 26 episodes whereas the respondents had agreed to produce 52 episodes and had made firm commitment to Doordarshan to that effect and this circumstance militates against the respondents having undertaken the production at the behest or at the request of the petitioners
Facts
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Since the appellant therein was convicted only u/s.7 and S.161 Cr
Ratio of the decision
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These appeals are directed against a judgment and order dated 17.October.2003 passed by the Special Court constituted under the Special Courts (Trial of Offences Relating to Transactions in Securities
Facts
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Major Som Nath did not account for this amount in the Govt
Facts
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Sentence u/s
Ruling by Lower Court
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Kalu Ram, PW5, accompanied by a friend Santosh, PW9, had gone to see a movie in cinema talkies Heera-Moti two days after the date of the incident and there the accused was present on his duty
Ratio of the decision
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Raju u/s
Ruling by Present Court
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The remainder was disposed of in the following words: - "If on the death of my wife and my niece there be living a son and a daughter born of the womb of my said brother's daughter, then two-thirds of the movable property will belong to the son and one-third to the daughter
Precedent
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These amounts also used to be noted in the private note book and entered
Facts
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The industrial dispute which thus arose was referred for enquiry and recording of an award to the Regional Conciliation Board (Textile), Kanpur
Facts
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Aggrieved by and dissatisfied with the said Award, the Respondent- Authority herein filed a writ petition before the Madhya Pradesh High Court, Indore Bench, which was marked as Writ Petition No.1188 of 1997
Facts
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In particular, s. 3(2)(c) enables the Central Government, to make an order providing for controlling the price at which any essential commodity may be bought or sold
Statute
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Renewal of registration,in a sense,also is not automatic
Ratio of the decision
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Long delay in disposal of appeal or any other factor may not be a ground for reduction of sentence,particularly,when the statute prescribes minimum sentence
Ratio of the decision
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The words "bodily injury ... sufficient in the ordinary course of nature to cause death" mean that death will be the "most probable" result of the injury, having regard to the ordinary course of nature
Precedent
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Srivastava then contended that the High Court correctly analysed and appreciated the scheme of the Code vis a vis judicial review in revenue matters
Argument
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It has, as noticed hereinbefore, further been contended that various best judgment assessment passed by the Assessing Authority against some of the Appellants have been set aside in appeal and the matters are pending reassessment before the Assessing Authority
Ratio of the decision
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in short 'the Code') and the statement of C.W.1,raise a reasonable doubt relating to voluntariness of the alleged confession
Ratio of the decision
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He stated that Shashi Didi and Bhavna sometimes used to quarrel
Facts
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However,in almost all such decisions reference is made to the observation of the Privy Council in Pulukuri Kotayya v
Precedent
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Commissioner (Revenue
Facts
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Suffice it to note that Ss.116 and 117A were not brought into force
Facts
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Hesitation injuries are also observed in some suicide cases
Ratio of the decision
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If any concession has been given it can be withdrawn at any time and no time limit should be insisted upon before it was withdrawn
Ratio of the decision
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Order was abandoned in the 1979 Order
Ratio of the decision
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We shall first deal with the third point
Argument
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In the present case,the prosecution by reliable and cogent evidence has established the guilt of the accused
Ratio of the decision
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In addition,a bare reading of this Court's earlier order shows that the impugned order is clearly erroneous
Ratio of the decision
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1) of s. 234 provides that not more than three offences of the same kind committed by an accused person within the space of 12 months can be tried at the same trial
Ruling by Lower Court
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While these passages might show that no notice of eviction was given, even at that stage there was no application for an issue being framed, nor has such an application been made in the appeal before the High Court, nor even before this Court
Ratio of the decision
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Indeed we find that the hearing given to the manufacturers is often protected
Ratio of the decision
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Harish Chand Sharma, the Investigating Officer, was specifically asked how the name of this witness came to his knowledge during investigation
Ratio of the decision
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Thus under this provision if the connection between the various offences is established the limitations placed by s. 234(1) both as regards the number and the period during which the offences are alleged to have been committed will not apply
Statute
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On 24th January,2003,C.A.Nos.7123-24 of 2003 preferred by Shri Munindra Singh & Anr.were taken up and this Court passed the following order: "Delay condoned
Ruling by Lower Court
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One K.Rama Rao-the Complainant,who was examined as PW-1,was posted as Yard Points Man,Grade 'A' under Station Superintendent,South Central Railway,Tanuku from December,1995 to June,1997.In June,1997,due to excess staff at Tanuku
Facts
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iii
Ratio of the decision
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Though there is no evidence on record to show that there are any joint family properties belonging to the joint family of respondent No.5 and his uncle,there is nothing on record to show that they are not living as members of the joint family
Facts
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It was as follows
Ratio of the decision
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The High Court though noticed that S.8 of the U.P.State Sugar Undertakings Acquisition Act,1971 empowers the prescribed authority to decide any dispute regarding the amount payable to any person or authority in respect of earlier liabilities of the undertaking,but it wrongly held that in view of the provisions of the U.P.Sugar Undertakings Acquisition Act,1971
Ratio of the decision
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Thereafter,the same was challenged before this Court
Ratio of the decision
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It is well-settled that.for a merger to arise,it is necessary that lesser estate and a higher estate should merge in one person at one and the same time and in the same right and no interest in the property should remain outstanding
Precedent
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It must be emphasized that but for this self serving statement made by the appellant, there is nothing on record to support his positive stance
Ratio of the decision
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The Air strip which was being extended is in one straight line with Taxi-ways
Ratio of the decision
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The letter said that for that reason the proposals of the University were being submitted to the Government "for necessary action".The appellant had sent a reminder on 26.8.95.The State in its letter dated 16.8.96 to the appellant merely stated "that government regret their inability to comply with your request".No reasons were assigned in the said letter
Facts
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Reading the aforesaid provisions viz.,Section 121A of the Act and S.115 of the Code,we have no hesitation in our mind to hold that the revisional power exercised by the High Court under section 121A of the Act is wider than the one exercised by the High Court in its revisional jurisdiction u/s.115 of the Code
Ratio of the decision
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234(1) and 235(1) on the ground
Statute
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Harish Chandra (1996) 9 SCC 309 1996 Indlaw SC 157,Union of India v
Precedent
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The primary and basic question considered by the Industrial Tribunal,in making the award dated December 20,1978 was the question of revision of the wage-scales
Ratio of the decision
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We find no reason to take a different view
Ratio of the decision
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Bonus is not a deferred wage
Ratio of the decision
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Provided that where the identity of the author is disclosed before the expiry of the said period,copyright shall subsist until sixty years from the beginning of the calendar year following the year in which the author dies
Statute
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The Scheme in terms of Sub-s.(3) of S.65 of the Act having become a part of the Act,validity thereof cannot be questioned at this stage as modification of the Scheme,if any,will have to undergo the entire process once over again which is not contemplated under the Act
Argument
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Upon exporting of alloy steel,it was entitled to credits under the Duty Entitlement Pass Book (DEPB
Facts
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10 SCC 415 2009 Indlaw SC 1494.Hence the parties have approached this Court for appropriate relief
Precedent
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It is also proposed to increase the period from 1 to 3 months in cl.47(1)(a) and (b) in which use of the trade mark,prior to the date of filing of the application for removal of the trade mark,shall be disregarded
Ratio of the decision
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The question, however, before us is as to whether any contention which may not have a direct bearing with the question as to whether the Special Court could entertain their applications for de-notifications could be raised by way of defence
Ratio of the decision
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Again a day after i.e.on
Facts
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No income, therefore no income-tax, and therefore no deduction, is the syllogism of Shri Purohit
Ratio of the decision
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Justice Shah,proprietorship was claimed on the basis that the applicant was entitled to it as an importer's mark
Precedent
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The said Final Plot/ Original Plot is allotted in lieu of your No.17/7,17/8 paiki land
Facts
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The trader who adopts such a mark is entitled to protection directly the article having assumed a vendible character is launched upon the market
Ruling by Present Court
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The intention to attach property which did not belong to the notified person on the date of the notification but which he might acquire later would, had it been there, have been clearly expressed and sub-s
Precedent
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Rajiv Dhavan,learned Senior Counsel appearing on behalf of appellants in his usual fairness conceded
Argument
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As cautioned in Attorney General for New South wale's case the Courts should restrain themselves and respect such claims duly to the legal limitations
Ratio of the decision
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We may,however,notice that Rule 21 of the Bombay Rules provides for notice under Sub-rule (3) thereof and a reasonable opportunity of hearing under Sub-Rule (5) thereof
Ratio of the decision
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PW- 18 rushed to the rescue of deceased Rauji
Facts
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the estimated value of the immovable properties of this group is Rs
Ruling by Lower Court
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In coming to this conclusion it has relied upon the provisions of s. 356 (2A) of the Code of Criminal Procedure
Statute
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There is nothing stated by him that he had no opportunity to cut trees and take them away
Ratio of the decision
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The evidence of mere identification of the accused person at the trial for the first time is from its very nature inherently of a weak character
Precedent
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During the year 1949 the selling rates for cloth and yarn were controlled by the Government and were approximately 4 per cent
Facts
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While on the question on formulations, we would like to refer to the "Oration" of Dr. N.H. Antia at the 24th Annual Convocation of the National Academy of Medical Sciences where he posed the question: "Why do we produce 60,000 formulations of drugs worth Rs.2,500 crores which reach only 20% of the population when WHO recommends only 258 drugs and Rs.750 crores worth would suffice for all our people if used in an ethical manner
Ratio of the decision
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The prosecution has also relied upon the alleged motive to the effect that the accused urgently wanted money with a view to increase his marks in Mathematics and,therefore,the accused had stolen articles belonging to the deceased
Facts
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Devendra Choubey (accused no.4) has filed Criminal Appeal No.822 of 2012.The appellant -Mahesh (accused no.3) has filed Criminal Appeal No.867 of 2013.The appellant -Beenu
Facts
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c) provides that persons accused of more than one offence of the same kind within the meaning of s. 234 committed by them jointly within the period of twelve months could also be charged and tried together
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The Appellants have contended that the Custodian had taken contradictory or inconsistent stand inasmuch as the liabilities of all the entities were treated to be joint liabilities of Harshad Mehta group
Argument
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The word "likely" in cl
Precedent
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The clothes were removed from the dead body and seized
Facts
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