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The IPAB in the impugned order while dealing with the plea of limitation raised by the appellant held that the first respondent was the appropriate aggrieved party in the matter in view of the fresh cause of action having arisen to the first respondent on filing of Civil Suit No.71 of 2001 by the appellant before the Madras High Court
Facts
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The Court is bound to call for a report as per Section 4 of POB Act but the High Court has failed to do so although the Court is not bound by the report of the Probationer Officer but it must call for such a report before the case comes to its conclusion
Ratio of the decision
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That is its purpose and end
Ratio of the decision
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Act No.XXI of 1950
Facts
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Why the documents pertaining to the proceedings of the Civil Court had not been placed before the detaining authority has not been explained
Ratio of the decision
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But as regards the immovable property none shall have the lest right of alienation
Precedent
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Oberoi and his creative team when the format of the proposed half and hour sponsored programme shall be presented to you
Facts
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Assailing the judgment and order under appeal,Mr
Argument
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S.46 is a penal provision
Ratio of the decision
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The first question for consideration is whether there was a misjoinder of parties and of persons
Ratio of the decision
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Therefore,it was submitted by the respondents that s.99 of the Andhra Pradesh Act.which made the determination by the Tahsildar to be final and debarred other courts from going into the question did not apply in case of compensation payable
Ratio of the decision
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5,02,563-1-10 during the year 1949 and also
Facts
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It is necessary to emphasize that the State did not proceed on the basis that the amendment to the Rules was not necessary
Precedent
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and which had been valued at Rs
Facts
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Regulation 8(4) of AICTE only required calling for the "com-ments/recommendations" of the State Government and of the University
Ratio of the decision
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Ghouse,respectively
Facts
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The formula is: "R.P. = (M.C.+C.C.+P.M.+P.C.) x (1+MU)+ E.D. 100 "R.P." means retail price
Statute
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The accused was however convicted under the first charge for an offence under Section 5(1)(c) in that he being a Garrison Engineer incharge of the Air Field
Facts
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Learned Additional Solicitor General stated before us that there was no statute in the State of Kerala corresponding to the Tamil Nadu Act of 1976 nor any other law which specifically required the 'approval' of the State Government
Argument
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Ms. A. Subhashini, learned counsel appearing for the respondent- State, however, strenuously submitted that none of the aforesaid submissions could be accepted by this Court as it is a foolproof case of conviction of the appellant u/s
Argument
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Dealing with this matter this Court held at p. 200 : "No doubt, sub-s
Ruling by Lower Court
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This finding is wholly misconceived
Ratio of the decision
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The dynamic rule of law, with a social mission, makes a meaningful distinction between rights steeped in the old system and compensation for deprivation of those interests, on the one hand, and the ordinary commercial transactions or regulation of rights untinged by social transformation urges, on the other
Ratio of the decision
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Rakesh (A-4) adopted the stand of his father Jage Ram
Facts
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This will was couched in different language than the will in the present case
Ratio of the decision
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In the case of a woman who is pregnant,such notice shall state the date from which she will be absent from work,not being a date earlier than six weeks from the date of her expected delivery
Statute
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Disregard of a provision of that nature is fatal to the trial and at once invalidates the conviction
Precedent
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Finally,the Special Judge framed charges for offence punishable under Sections 7,12,13(1)(d) read with S.13(2) of the Act
Ratio of the decision
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She has drawn our attention to the findings recorded by the High Court while setting aside the order of acquittal observing that the evidence of eye-witnesses namely PWs
Argument
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The 1973 Act, as noticed hereinbefore, clearly mandates that all posts should be sanctioned by the State Government and all appointments to the said cadre must be made by the State Government alone
Ratio of the decision
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Their appointments are made through open competition from among those who are eligible for appointment and strictly on the basis of merit as evidenced by the particulars of their practice,opinions of the District Magistrate and the District Judge and also after taking into consideration their character and conduct
Precedent
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Plaintiff-Respondent,inter alia,prayed for passing a judgment and decree against the defendants -appellants granting the following reliefs: "1.A declaration that the plaintiff is the exclusive copyright holder in respect of Yaksharanga ballets,namely,Bhishma Vijaya,Kanakangi,Nala Damayanthi,Panchavati,Gaya Charitha,Chitrangadha,Abhimanyu Vadha,and for consequential permanent injunction restraining the Defendants,their agents,employees etc.from staging or performing any of the above said 7 ballets or Prasangas or any parts thereof
Facts
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It was,therefore,submitted that the sentence/imprisonment awarded by the Metropolitan Magistrate has been suspended under Section 389 of the Criminal Procedure Code by the Court of Additional Sessions Judge,Delhi in view of the pendency of the appeal against the order of conviction is a continuation of proceedings and therefore,there is no conviction against the answering respondent so long as the same is not decided by the Court of Sessions
Argument
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There are also other reasons which point to this conclusion which we will set out while considering the argument advanced by Mr. Bhimasankaram
Statute
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Thirdly, it must be proved that there was an intention to inflict that particular bodily injury, that is to say, that it was not accidental or unintentional, or that some other kind of injury was intended
Precedent
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In any case,learned counsel would submit that the expression 'Infosys' is not descriptive expression
Argument
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It was, however, urged by Mr. Rajah Iyer that as no express or implied power of alienation for purposes of all legal necessities was conferred on the widow, that circumstance negatived the view that the testator intended to confer upon his widow a Hindu widow's estate as she would get in case of intestacy
Argument
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To constitute evidence of last seen together, the evidence must definitely permit an inference being drawn that the victim and the accused were seen together at a point of time in close proximity with the time and date of the commission of crime
Ratio of the decision
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309 of the IPC to a sentence of simple imprisonment for one year
Facts
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The latter had said, "There is no right to be heard before the making of legislation, whether primary or delegated, unless it is provided by statutes
Precedent
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This appeal by special leave has been preferred by Tata Consultancy Engineers against an award dated 20th December,1978 of the Industrial Tribunal,Maharashtra,Bombay revising the wage scales of certain categories of employees and granting various other benefits
Facts
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Jora Singh also met Inspector Harjinder Pal Singh PW14 at 4.40 p.m. near the hospital, who recorded his statement at that place and with his endorsement Ex
Facts
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The illustrations under a provision of a Statute offer relevant and valuable indications as to meaning and object of the provision and are helpful in the working and application of the provision
Statute
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Therefore,the aspect relating to recovery of articles from the house of P.W.3 and his mother cannot be considered as a link to complete the chain of circumstantial evidence
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AIR 1963
Precedent
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Before the High Court as also before us, the Appellants have produced a large number of documents which were not filed before the Labour Court
Ratio of the decision
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On medical examination his injury was found to be simple
Ratio of the decision
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He lodged a First Information Report (F.I.R.) on 25.11.2003 at about 20:45 hours
Facts
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This formula was reiterated in Textile Mills, M. P
Precedent
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Rich Food Products (P) Ltd
Ratio of the decision
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The Division Bench of the High Court held that no warning as contemplated by service Regulation No.113 had been issued to the respondent nor he had been afforded any opportunity of showing cause before the impugned order of discharge was passed and consequently,the order of discharge was null and void being contrary to service Regulation No.113 itself
Ruling by Lower Court
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They specifically described the roles played by A-5,A-10 and A-11.PW-10,PW-11,PW-12,PW-13,PW-14 and PW-15 also spoke about the presence of A-1,A-8 and A-9 with their respective weapons alongwith A-5,A-10 and A-11 near the Jagdamba Hotel at the time of assault on PW-14
Facts
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No. 20 put to respondent
Ratio of the decision
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Merely making some preliminary enquire upon receipt of information from an anonymous source or a source of doubtful reliability for checking up the correctness of the information does not amount to collection of evidence and so cannot be regarded as investigation
Precedent
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He was no doubt a minor on the 24th November, 1910, when the terms of settlement were arrived at between the parties to the suit 1909
Ratio of the decision
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M.Deodhar,who conducted the postmortem,opined that cause of her death was neurogenic and hemorrhagic shock
Facts
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Any attempt by the State to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people especially of the common people defeats the very concept of public purpose
Ratio of the decision
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The Order of the Court was as follows
Ruling by Present Court
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He allegedly misdeclared both the value and description of goods upon procuring fake and false bills through one Prabhjot Singh
Facts
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but at a later stage they came there
Ratio of the decision
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1) The entire work of our partnership has to be carried out in the name of "Bharat Neon Signs
Ratio of the decision
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Does the word "due" refer merely to the liability to pay such taxes etc., or does it refer to a liability which has crystallised into a legally ascertained sum immediately payable
Precedent
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Accordingly,there cannot be a merger of a lease and a mortgage in respect of the same property since neither of them is a higher or lesser estate than the other
Precedent
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In reply the Appellant states in his letter Ex
Facts
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In determining the question whether any warning was given to the respondent it is necessary to refer to the sequence of events and the correspondence which ensued between the appellants and the respondent
Ratio of the decision
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In the impugned order,Division Bench made it clear that since the dispute between the parties was in respect of the area,as to what has been purchased in auction sale by Gulabai Desai and what is the area allotted to the Appellant by the orders of the Deputy Collector and Deputy Custodian of Evacuee Properties,the Appellant requested the Bench not to enter into the merits on this question in this LPA since the parties may prosecute their remedies in the Civil Court for such adjudication,and therefore,that aspect was not considered by the High Court
Facts
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He died on the 31st January,1900, and Jogendra obtained on the 24th April, 1900
Facts
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No controversy is raised in this appeal as regards the findings of the Civil Court that the deeds of mortgage executed by the plaintiff in respect of the suit properties were mortgages by conditional sale
Ratio of the decision
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All that was necessary for the plaintiff to prove was that he had used that mark in respect of his particular type of goods
Precedent
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In the circumstances this point must also be rejected as being without substance
Ratio of the decision
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on admitted position and in the facts and circumstances,we are of the view that the appellant was a ago user of the trade mark of the respondent in passing off the bicycles under the trade mark of the respondent who,admittedly,is a registered proprietor
Ratio of the decision
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ii)Whether individual liabilities of the Appellants ought to have been separately considered by the Special Court as not a part of Harshad Mehta Group
Ratio of the decision
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It also observed that the category of Draughtsmen needed a special increase
Facts
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Any action,which had not been taken by an authority competent therefor and in complete violation of the constitutional and legal framework,would not be binding on the State
Ratio of the decision
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Furthermore, the Indore Municipal Corporation was not a party and, thus, no employee could be thrust upon it without its consent
Ratio of the decision
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In the reported case,the appeal was against the concurrent finding of both the courts convicting the appellant u/s.302 IPC and sentencing him to suffer imprisonment for life
Argument
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A separate counter affidavit was filed by the Deputy Secretary,Sugar and Cane Development,Lucknow,giving details of dues payable by the Company as detailed by the District Collector,Meerut by his order dated 18th December,1995
Facts
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e
Ratio of the decision
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Similar view has been reiterated in A.R.Antulay v
Precedent
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III
Ratio of the decision
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He did not try to challenge the evidence let in to show that he had tried to outrage the modesty of Sheela Devi,as he was not charged with such an offence
Ratio of the decision
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The maintenance job upon completion thereof had been taken over by Indore Municipal Corporation
Ratio of the decision
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8 and Exh
Facts
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U.P.Electronics Corpn
Precedent
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Therefore,the procedure to be adopted by the State in fixing the inter se seniority of the direct recruits and the promotees in their respective quota is the sole question
Ratio of the decision
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We direct that the State Government, if it so chooses, shall file its further counter-affidavits before the High Court within six weeks from today indicating the reasons which warranted the withdrawal of the benefits extended
Ratio of the decision
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The first respondent is Jupiter Infosys Limited
Facts
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The existing district jail of Shahjahanpur,constructed in 1870,was one of the oldest and required shifting to new premises
Facts
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Take cls
Statute
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it came up for hearing on August
Facts
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Liberty Insurance Ltd.(1967 116 C.L.R.177).Learned counsel for the first respondent further submitted that the affidavit dated July 14,2004 was not placed by the appellant before the IPAB nor any reference of the said affidavit has been made in the written submissions before the IPAB and the appellant also did not make any effort to amend the pleadings that the first respondent was not an aggrieved person
Argument
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The said order of the Division Bench is under challenge in this appeal
Facts
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We have carefully examined the provisions under Section 121A of the Act,which is the revisional power under the Act,and also the provisions u/s.115 of the Code of Civil Procedure (for short "the Code").So far as S.115 of the Code is concerned,it has been made clear that it is only in case of a jurisdictional error or when the courts below had acted with material irregularity in the exercise of their jurisdiction that the question of interfering with such an order can arise,otherwise,the High Court is not entitled to interfere with any other order which does not satisfy the conditions laid down for interference u/s.115 of the Code
Ratio of the decision
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We may, however, point out that Billimoria himself gave his evidence in English
Statute
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S.81 of the Act enables the State to transfer of right from original to final plot or extinction of such right
Statute
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On the strength of these considerations Mr. Chari for the State contends that if the words "any offence punishable with imprisonment which may extend to 10 years" were interpreted to mean offences which were punishable with imprinsonment of less than 10 years grave offences which are not exclusively triable by a court of Sessions will be completely out of s. 337 (1
Argument
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The appellant had introduced various pay scales in 1973 and some time later they were revised
Facts
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In respect of the proceedings initiated for the purpose of re-allotment of the land,despite a public notice,the appellant did not file any objection
Facts
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Any person affected by the proposal of the Town Planning Scheme is entitled to inspect the Scheme in the office where arrangements for explaining the scheme proposals are made
Statute
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Next according to the High Court even if s. 239 is applicable its provisions are subject to those of s. 234 and as such the trial being for more than three offences was impermissible
Ruling by Lower Court
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