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One more aspect needs to be mentioned
Ratio of the decision
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For this reliance was placed on S.102 of the Andhra Pradesh Act which lays down that the Act will not apply to lands leased,granted,alienated or acquired in favour of or by the Central Government or the State Government etc.and on -S.99 of the Act which bars the jurisdiction of civil courts to deal with any question which is under the Andhra Pradesh Act required to be settled,to be decided or dealt with by the Tahsildar,Tribunal or Collector
Argument
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In a case where the Designated Court finds that no offence under TADA is made out,it is open to the said Court to transfer the case to the regular Criminal Court under Section 18 TADA but once the charge is framed and the case is tried by the Designated Court,an appeal against conviction,sentence or acquittal lies only to the Supreme Court and to no other court
Ratio of the decision
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There is also evidence on record to show that even outsiders were watching the incident from the road which indicates that there was sufficient light for them to see what was happening in the house where the incident had taken place
Ratio of the decision
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From the post-mortem report prepared by Dr
Ratio of the decision
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The right to object, however, seems to be given at the stage of proposals of the tax only as a concession to requirements of fairness even though the procedure is legislative and not quasi-judicial
Precedent
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In the case of several senior employees,the revised scale would yield but a very small and almost a token increase in the size of the pay packet whereas the junior employees would get a large benefit
Ratio of the decision
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Payments so made shall be subject to final decision of the Writ Petition
Ruling by Lower Court
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PW-21 who was at that time attached to Konda Police Station as PSI was informed at about 10.45 p.m. that the deceased while was being brought in the police jeep by a police constable Jaisingrao Rane and was being taken to the Government Medical College but before the deceased could be admitted he died
Ratio of the decision
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Malini Malya only
Facts
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The High Court has further stated that inadmissible evidence was taken on record by the Additional Sessions judge, namely, account books of Billimoria Brothers, maintained in Gujrati and further that the Additional Sessions judge was in error in allowing the prosecution to use those account books for establishing absence of entries with regard to certain payments alleged in the VESCO books to have been made to them
Ruling by Lower Court
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We agree
Ratio of the decision
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However,we have also noticed various judgments of this Court taking a contrary view to the effect that in case the legal ground for grant of divorce is missing,exercising such power tantamounts to legislation and thus transgression of the powers of the legislature,which is not permissible in law (vide Chetan Dass v
Precedent
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No
Argument
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Section 2(y) defines "work" to mean any of the following works,namely:- (i) a literary,dramatic,musical or artistic work; (ii) a cinematograph film; (iii) a sound recording
Statute
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He has further emphasized that the prosecution's case stood proved from various factors including the medical evidence, the reports of the Forensic Science Laboratory, the Chemical Examiner, from the post-mortem reports and the recovery of the gun and cartridges
Argument
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This decision completely meets the argument based upon Dawson's Case
Ruling by Lower Court
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Initially the accused-appellant also did not have any weapon with him but during the course of the incident he went inside and got a knife with the help of which he stabbed the deceased
Ratio of the decision
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Lastly,the jurisdiction u/art.226 of the Constitution is capable of being exercised on a prayer made by or on behalf of the party aggrieved; the supervisory jurisdiction is capable of being exercised suo motu as well
Precedent
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The trading loss was deducted from this amount leaving a credit balance of Rs
Facts
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S.8 declares that all public roads,lands,paths,bridges,titches,dikes,and fences,on or besides the same,the bed of the sea and of harbours,creeks below high water mark,and of rivers,streams,nalaps lakes,wells and tanks,and all canals and water courses etc,situated in jagir village shall vest in the State Government and shall be deemed to be the property of the State Government and all rights held by such jagirdars in such property shall be deemed to have been extinguished.s.10 contains an express saving provision relating to rights to mines and mineral products and it provides that "nothing in this Act or any other law for the time being in force,shall be deemed to affect the rights of any jagirdar subsisting on the appointed date to mines or mineral products in a jagir village granted or recognised under any contract.,grant or law for the time being in force or by custom or usage
Statute
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Prakashi Devi was examined as PW-1.She reiterated what was recorded in the FIR,that the appellant came into the house around 11.30 PM and broke the bulbs,that he came again around 00.30 AM and touched her daughter-in-law (Sheela Devi) and when her daughter-in-law woke up and raised an alarm,the appellant ran away
Facts
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a) is unavailable they could not be tried for the offence under s. 147 at the same trial
Ratio of the decision
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If the order of transfer is not stayed,modified or cancelled the concerned public servant must carry out the order of transfer
Ratio of the decision
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The conditions precedent in the words of this Court,before conviction could be based on circumstantial evidence,must be fully established
Precedent
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Aggrieved by the said order of the Additional Collector,Respondent No.2 preferred RTS Revision No.330 of 2001 under Section 257 of Maharashtra Land Revenue Code,1966 before the Additional Commissioner,Pune Division,Pune
Facts
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For instance, it is said that Gamkhar, Military Estate officer was not produced to prove the receipt Ex
Ratio of the decision
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Raju is in custody
Ratio of the decision
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Considering the appeal of Tata Consulting Engineers first,the contention of learned counsel for the appellant is that having regard to the financial capacity of the appellant the Tribunal erred in making the wage scales retrospective and,in any event,in ranging the retrospectivity back to 1st January,1976
Argument
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Vaibhav Gaggar that even otherwise in view of the fraud perpetrated by the appellant qua the registrations in question,the issue as to whether the first respondent had a dispute with the trade mark or not pales into insignificance as the primary duty of the court is to maintain the 'purity of the register'.He argued that in a case such as the present one since the allegations against the appellant relate to trafficking,squatting and non-user,the scope of 'person aggrieved' has to be enlarged
Argument
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Madhav Rao Jivaji Rao Scindia Bahadur of Gwalior,H.H.Maharajadhiraja
Precedent
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Manju Sharma (2009) 6 SCC 379 2009 Indlaw SC 330
Precedent
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The Special Judge,CBI,by order dated 19.03.2001,convicted the appellant and sentenced him to undergo rigorous imprisonment for a period of six months and to pay a fine of Rs.500/-and,in default,to suffer simple imprisonment for one month for the offence punishable u/s.7 of the Act and one year rigorous imprisonment with a fine of Rs.500/-and,in default,to suffer simple imprisonment for one month for the offence punishable u/ss.13(1)(d) (ii
Facts
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Similarly,Section 249 makes provision of appeal against the review or revision
Statute
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It is also significant to note that even while importing considerations of social justice the Labour Appellate Tribunal was oblivious of the fact that it was by their own acts of indiscipline and strike that the workers of the appellant company themselves contributed, to the trading losses incurred by the appellant and it hardly lay in their mouth then to contend that they were none the less entitled to a payment of bonus commensurate with the dividend paid to the shareholders out of the undistributed profits of the previous years
Ratio of the decision
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M/s
Precedent
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The autopsy report shows that 'a blackening and charring' existed so far as Injury No.(i) is concerned
Argument
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However,on account of the death of Khristi Girdharbhai Chimanlal on 1.2.61 and other reasons,the said partnership was dissolved from 8.9.61.Thereafter,we the parties from the first to seventh part have,after purchasing at its cost price,all the debts and dues,goods,stock etc.,together with goodwill of the dissolved partnership,started manufacturing and selling of Neon Signs Tubes in partnership from 9.9.61.We,the parties of all the seven parts execute the deed of the said partnership to-day
Ratio of the decision
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This Court has thus clearly read the provisions of the various clauses cumulatively and we see no reason to read them differently
Ruling by Lower Court
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So far as the first incident is concerned,that merely provided the motive for the assault near the Jagdamba hotel and the Math
Facts
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This is so even though the quota thus fixed may demonstrably be disadvantageous to certain areas or persons
Precedent
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His presence in the house is entirely natural and we have no reason to discard his testimony
Ratio of the decision
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They are set aside accordingly
Ruling by Present Court
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Raj U.P. Govt
Ratio of the decision
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Dr. Pardeep Kumar (PW-2) also examined the other injured persons, PW 5-Jagdish and PW
Facts
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Provided that the State Government may authorise any officer to decide questions arising under any of the subclauses(i),(ii) and (iii) and subject to 'an appeal to the State Government,his decision shall 'be final
Statute
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She also seems to have had a scuffle with Bhavna,which is apparent from the fact that her hair was found in the grip of the deceased during investigation
Ratio of the decision
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Jain Industries as it was the registered proprietor of the trade mark in respect of the goods in question,namely,centrifugal pumps
Ratio of the decision
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He appointed his two sons Rajendra and Jogendra executors of Ms will and provided that his second wife Golap Sundari and the two sons Rajendra and jogendra should perform the seva of the deity and on their death their heirs and successors would be entitled to perform the seva
Facts
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307 IPC was elaborated and it was held as under
Precedent
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The tribunal,of its own motion,may,after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard,make any order referred to in sub-section (1) or sub-section (2
Statute
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We have considered the submission of the State counsel very carefully
Ratio of the decision
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Apparently,in such a case there is no question of infringement of any right of property in a trade mark for which any relief is sought,nor is there any question of passing-off,so that it might be necessary to enter into questions of nicety as regards whether there could or could not be any property in a trade mark
Precedent
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Such a plea had expressly been rejected by this Court in A. Umarani 2004 Indlaw SC 606 (supra
Argument
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in short 'the Code).While deciding the said question,the Bench has also considered the scope of S.100 of the Code for entertaining the second appeal
Argument
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In terms of the provisions of the Act, along with late Harshad Mehta, the Custodian had notified 29 entities in terms of S. 3 of the Act, comprising three of his younger brothers, wife of late Harshad Mehta, wives of two of his younger brothers and other corporate entities, a partnership firm and three HUFs
Facts
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We have been taken through some of the material on the record in the attempt to support the contention,but after giving careful thought to the matter,I think there is ample justification for what the Tribunal did
Ratio of the decision
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The appeal in this Court had arisen out of the finding recorded on that issue and in dealing with that matter this Court had.to consider the true effect of sub-section (1) of section 28 of the Rents Control Act to find whether it means that a defendant if raises a claim or question as to the existence of relationship of landlord and tenant between him and plaintiff the jurisdiction of the Civil Court is ousted even though the plaintiff pleaded that there is only exclusive jurisdiction to decide the case with the Court of Small Causes,Bombay
Ratio of the decision
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8605/2002 i.e. Bannari Amman Sugars Ltd v. Commercial Tax Officer
Argument
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No.3737/2014
Facts
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Kay Aar Biscuits (P) Ltd.; that a mere Agreement between M/s
Facts
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Misc
Ratio of the decision
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It is significant to observe that this principle was accepted by the Labour Appellate Tribunal itself
Facts
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In the instant case, it is quite clear from the evidence on record that PW-1 received the information about the death of the deceased from PSI of Panaji Police Station without any detail as to how the incident had happened and who had caused the incident
Ratio of the decision
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Transfer from one place to other is necessary in public interest and efficiency in the Public administration
Ratio of the decision
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The Trial Court and the High Court have proceeded on an assumption of availability of five pieces forging links in the chain of circumstantial evi-dence out of which we have found, as stated hereinabove, four of the alleged circumstances not to be pieces of incriminating circumstantial evidence at all
Ratio of the decision
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Even so we propose to examine whether the correction sought by the employees union was within the bounds of the authority of the Tribunal or whether it was in effect a fresh award
Ratio of the decision
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Mr
Ruling by Lower Court
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In Swadeshi Cotton Mills, it was observed that in cases where owing to the compulsion of the fact situation or the necessity of taking speedy action, no pre-decisional hearing is given but the action is followed soon by a full post-decisional hearing to the person affected, there is in reality no exclusion of the audi alteram partem rule
Precedent
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that a second revision to the High Court under Section 482 of the Cr
Argument
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The claim of being a "minority" -whether based on religion or language -and the claim of being a "Minority Educational Institution" put forward by the petitioners cannot be pronounced upon without first ascertaining what the said expressions connote and signify
Ratio of the decision
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Nonetheless,the Tribunal observed,there was every reason to expect that the appellant would be able to earn sound profits in the future,and the instability in its business activities occasioned by the turbulent political situation in Iran,would be,it was expected,compensated by contracts secured in different developing countries
Facts
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The Government of India accepted the report of the Hathi Committee and announced in Parliament the 'Statement on Drug Policy' pursuant to which the Drugs (prices Control) Order, 1970 was repealed and the Drugs (prices Control
Ratio of the decision
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AIR 1958 SC 36 1957 Indlaw SC 103],Murugayya Udayar and Another
Argument
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S.67 of the Act provides that all lands required by the appropriate authority shall,unless it is otherwise determined in such scheme,vest absolutely in the appropriate authority free from all encumbrances with effect from the date on which the preliminary scheme comes into force
Statute
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VI
Facts
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It was alleged by the respondent No.4 that since the respondent No.3 was a film actor and had settled in Madras (now Chennai),with the consent of the respondent No.3,the scheduled land was given to the father of the appellants and the father of the appellants was cultivating the same from the year 1968 but not as a tenant
Facts
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The appellant is a trust which wanted to establish a self-financing Engineering College and submitted an application during 1994-95 to the University of Kerala as well as to All India Council for Technical Education (hereinafter called the 'AICTE
Facts
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A letters patent appeal,concededly which was not maintainable,was filed thereagainst which was dismissed by reason of the impugned judgment
Facts
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15,000-00 3.Directing the Defendants to pay to the plaintiff interest on Rs.15,000/-at 15% p.a.from 18-9-2001 till now which is 95-00
Facts
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But even otherwise,the Division Bench committed error in holding that the Board had raised the question of service of the letter dated 24.4.1974 for the first time before the Division Bench in the letters patent appeal
Ratio of the decision
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The object of the learned Additional Sessions Judge quite clearly was, as already stated, to leave no loophole for a complaint to be made before the appellate court of incomplete or insufficient examination under s. 342.Finally we are clear that it was not the duty of the court to draw the pointed attention of the respondents to the provisions of sub-s
Ratio of the decision
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The same is accordingly set aside
Ruling by Present Court
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She also told her parents that her husband had asked her to bring an amount of Rs.1,000-1,200 for the purpose of household expenses and manure
Facts
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Neelu Kohli (2006) 4 SCC 558 2006 Indlaw SC 598,Sanghamitra
Precedent
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He dealt with the human problem under section 13(2) of Bombay Rent Act considering the relative hardships of the landlord and the tenant and to arrive at a just solution he was of the opinion that the court should have such wide field
Precedent
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It is true that waiver cannot always and in every case be inferred merely from the failure of the party to take the objection
Precedent
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To this kind of charges
Ruling by Lower Court
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Kay Aar Biscuits (P) Ltd entered into an agreement on 22.11.89 with M/s
Ratio of the decision
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Appeal allowed
Ruling by Present Court
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Mahesh did not even act as a guard; he did not prevent Anil Kumar (PW-21) from entering the house
Ratio of the decision
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It seems to us that he meant to give a daughter's estate rather than a life estate
Precedent
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No costs
Ruling by Present Court
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In Vrajlal Manilal & Co. v. Union of India & Anr. 1964 Indlaw SC 194 (supra) the court held that the Union of India when disposing of an application for review under Rule 59 of the Mines Concession Rules functioned as a quasi-judicial authority and was bound to observe the principles of natural justice
Precedent
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It must be such a decision which no reasonable man could have arrived at
Ratio of the decision
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For all these reasons we cannot accept the argument of learned counsel on the ground of misjoinder of charges and multiplicity of charges
Ruling by Lower Court
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Large-scale corruption retards the nation-building activities and everyone has to suffer on that count
Precedent
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Shivaramaji Karanth had acquired copyright in respect of seven Yakshagana Prasangas and also in respect of Yakshagana dramatic or theatrical form i.e.,Bhishma
Ratio of the decision
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Respondents contended that on first information report was registered against Appellant as also one sepoy Narender Singh
Precedent
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Such tax liability may be discharged either under the directions of the Special Court under S. 11(2)(c), or the taxing authority may recover the same from any subsequently acquired property of a notified person (vide Tejkumar Balakrishna Ruia v. A.K. Menon 1996 Indlaw SC 2403) or in any other manner from the notified person in accordance with law
Precedent
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