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No weapon was seized from him,nor was any property connected with the crime,seized
Ratio of the decision
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It is further prescribed that different prices may be determined, from time to time, for different areas or for different factories or for different kinds of sugar
Ratio of the decision
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Whenever waiver is pleaded it is for the party pleading the same to show that an agreement waiving the right in consideration of some compromise came into being
Precedent
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b) (v) of the Act, but in spite of it, the direction was that the Divisional Forest Officer should make the appraisement
Ruling by Lower Court
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Laisal Haque -AIR 1989 SC 129 1988 Indlaw SC 706,State of A.P.vs
Precedent
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379 He,therefore,urged that the High Court was not justified in upsetting the concurrent finding of the trial court and the appellate court that the defendants failed to prove their tenancy and remanding the case to the trial court directing it to refer the issue of tenancy to the Mamlatdar and stay the suit till the receipt of the finding in that regard from the Mamlatdar and then dispose of the suit
Argument
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on the paid up capital
Ratio of the decision
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Applications praying for lifting of attachment on their residential premises on the ground that the same had been purchased much prior to 1.April.1991 and the same had no nexus with any illegal transactions in securities
Facts
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With reference to the affidavit dated July 14,2004 filed by the first respondent before the Court of Additional District Judge,he submitted that the said affidavit has no relevance in consideration as to whether the first respondent is an aggrieved person as Section 46 (1) of The 1958 Act relates only to the period upto the date of the filing of the rectification application and the rights of the parties crystallized at that stage itself
Argument
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Vikas Sharma,learned counsel appearing for respondent No.1 and Mr
Ratio of the decision
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Adhiyaman Educational & Research Institute,[1995] 4 SCC 104 1995 Indlaw SC 1631
Precedent
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The Government's letter dated 28.12.1988 refers to some decision, but in the absence of any authentication as required under Article 166 of the Constitution of India, 1950 (in short the 'Constitution') the same is ineffective
Facts
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It was ordered to dispose of the writ petition expeditiously
Facts
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The respondent lost his service as he refused to comply with the order of his transfer from one place to the other
Ratio of the decision
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The High Court acquitted Pathan Khadar Basha,the fatherin-law of the deceased,as there was no direct evidence against him
Ratio of the decision
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It was observed that the High Court was at liberty to consider the claims to be made by both the parties and pass any fresh order with regard to the disbursement of the remaining 60% of the compensation
Facts
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As noted hereinabove,there was no response by the appellant to respondent s letter dated 4th January,1999 though it appears that vide their letter of even date,the appellant did suggest to the respondent that as a token of formal agreement the said letter may be jointly signed by the charterers and the vessel owners
Ratio of the decision
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The first Trade Marks Act in England was passed in 1875.Even prior thereto,it was firmly established in England that a trader acquired a right of property in a distinctive mark merely by using it upon or in connection with goods irrespective of the length of such user and the extent of his trade,and that he was entitled to protect such right of property by appropriate proceedings by way of injunction in a Court of law
Precedent
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The Tribunal,in the present case,considered the matter and found it sufficient and in accord with justice that the wage scales should be restructured with suitable increments provided therein
Facts
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The injunction order issued against Bansilal Farms,appellant in appeal arising out of SLP (C) No.13314 of 1992,stands vacated
Ruling by Present Court
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stated that had not the operation been conducted on Sukhbir and had not the extra-dural haemotoma removed by operation urgently, the head injury caused to Sukhbir would have caused his death
Facts
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In this background the death sentence is not called for
Ratio of the decision
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Accused Pathan Hussain Basha and Pathan Nazeer Abi have rightly been found guilty of the offence by the courts
Ratio of the decision
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However,before the Charter Party was to come to an end,on 29th June,1998,the Indian Oil Corporation Limited (for short IOC ),acting as agent of the appellant,issued a fax to various ship owners,including the respondent herein,requesting them to extend the validity of the Charter Party Agreement dated 6th May,1997 beyond 30th June,1998 for a period of one month from 1st July,1998 with option for two further extensions of 15 days each
Facts
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Ltd.v
Precedent
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The appellant M/s
Facts
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Similarly, an assumed income- tax also has to be worked out and deducted
Ratio of the decision
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The High Court also observed that there is no allegation that the petitioner-accused is a previous convict and it further held that the accused deserved the benefit of probation under Section 4 of the POB Act and while maintaining the conviction of the respondent-accused,the sentence of imprisonment and fine as awarded to him was set aside
Ruling by Lower Court
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The section makes a distinction between the act of the accused and its result, if any
Precedent
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14 and 16 of the Constitution
Ratio of the decision
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P.C. while conducting the examination of the respondents
Argument
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There being no rebuttal thereto,there is no occasion to interfere in the judgments of the courts under appeal
Ratio of the decision
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This view of ours is supported by the case of Clark and Another v. Gaskarth, 8 Taunt 431
Precedent
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The learned counsel would submit that even in a case of this nature,it was incumbent upon the appellants to comply with the principles of natural justice
Argument
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A copy of the Auditor's Report having only been supplied during pendency of these appeals, the learned Special Judge committed a serious error in passing the impugned judgment relying on or on the basis thereof
Argument
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Issuance of any such direction,in our opinion,is legally impermissible
Ratio of the decision
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The Department has rightly placed reliance on the Agreement of 23.11.89.In the circumstances,the burden was on the assessee (appellants herein) to satisfy the Adjudicating Authority that there was no intention of indicating a connection with the goods of the assessee and such other person
Ratio of the decision
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In this situation, we see no reason to interfere with the impugned order
Precedent
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The better course would be for us to set aside the acquittal of the respondents and send back the appeal to the High Court ?or being decided on merits
Ratio of the decision
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In paragraph 15 of the writ petition,it has been clearly stated that there was a time gap of more than 11 months between S.4 and S.6 notifications,which demonstrates that there was no urgency in the State action which could deny the petitioners their right under Section 5A.In the counter which was filed in this case by the State before the High Court,it was not disputed that the time gap between S.4 notification read with Section 17,and S.6 notification was about 11 months
Ratio of the decision
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Such type of actions are commenced for the "purity of the Register" which it is in public interest to maintain
Precedent
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It specifically provides that the power to tender pardon udder s. 337 shall be exercised by executive magistrates except in cases referred to in the proviso to sub-s
Ratio of the decision
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At this stage,it will be appropriate to refer to certain examples showing what has and has not been treated by the courts as "dowry".This Court,in Ran Singh v
Precedent
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The offers of appointment issued in favour of the respondents herein were cancelled inter alia on the premise that the same had been done without the knowledge of the Revenue Department of the State
Ratio of the decision
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In other words,there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused
Precedent
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In Kabushiki Kaisha Toshiba v
Precedent
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On the other hand learned Additional Solicitor General Sri Mukul Rohtagi contended on behalf of the State of Kerala that the "Policy" of the State of Kerala at the relevant time was not to grant approval for establish-ment of more engineering colleges in the State
Argument
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Ltd.had never got the trade mark registered under the Trade Marks Act
Argument
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It will be noted that the pay scales of different categories were being restructured,and the flat increase envisaged there related to an increase in the general pay scales of different categories
Ratio of the decision
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The appellant also paid ex gratia to the workmen bonus at the rate of annas 2 per rupee of their basic earnings making it clear by their notification dated the 7th April, 1950, that the directors had sanctioned the payment at that rate in spite of the appellant having suffered a trading loss for the year, that it was being paid entirely at the discretion of the appellant and was not related to or connected with any contract of employment of any worker
Facts
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The respondent as well as the appellant-board,both preferred Letters Patent appeals against the order of learned Single Judge
Facts
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Injured Sukhbir was vomiting in the hospital and later on he was referred to General Hospital, Gurgaon as his condition deteriorated
Facts
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A provision for 'such enquiry' as it thinks fit' by a subordinate legislating body, we have explained earlier, is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and it is not intended to vest any right in any body other than the subordinate legislating body
Ratio of the decision
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It is the nature of the relief sought for and the controversy involved which determines the Article which is applicable
Ratio of the decision
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Foulkes,Craig and others say that the court cannot prejudge what is to be decided by the decision-making authority.de Smith says courts have not yet committed themselves to any one view though discretion is always with the court
Precedent
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But there will be no prejudice or failure of justice where there was an error in the charge and the accused was aware of the error
Ratio of the decision
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In our opinion the words "within the meaning of s. 234" indicate that what was meant by the words offence of the same kind" "'persons accused of more offences than one of the same kind not exceeding three in number"or may have used the words" person accused of more than one offence of the same kind to the extent permissible under s. 234
Statute
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In Sushilabai Laxminarayan Mudliyar v
Precedent
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These words were not intended to bar a right of appeal
Precedent
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In the interest of justice,sentence of six months SI,with fine of Rs.5000 I.D.one month SI is imposed upon the convict for offence u/s 332/461 DMC Act
Ruling by Lower Court
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On the 4th May, 1950, the Secretary of the respondent Union petitioned to the Provincial Conciliation Officer (Textile) that there was more production in 1949 than in 1948, that there was no reason to hold that the profit in 1949 was less than in the previous year and that the rate of bonus was wrongly reduced and asked that bonus for 1949 should also be paid at the rate of annas 4 per rupee
Facts
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11829 crores
Ratio of the decision
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Accused Pathan Hussain Basha,was married to Pathan Haseena Begum (now deceased) on 23rd June,2002 at Guntur
Facts
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By a letter dated 5.7.2002,the authorities of DRI stated that Appellant stood exonerated for earlier years after detailed examination
Facts
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The assessee who is before the Special Court, is a person liable to be charged with an offence relating to transactions in securities
Precedent
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If the dearness allowance is linked with the cost of living index the whole award will have to be reopened and the entire basis on which it has been made will have to be reconsidered
Ratio of the decision
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We have already indicated how those clauses may be grammatically read
Ratio of the decision
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For convenience of reference, we may extract the statement by the High Court of the contentions urged before it (and repeated before us) by the appellant
Ratio of the decision
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In Laxmidas Morarji v
Precedent
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In view of the altercation,the complainants left the video parlour and went towards Jagdamba hotel
Facts
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No.B.L.-2/Misc
Ratio of the decision
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Gill stated that some time in the month of May/June,1984 he had met Kundan Shah and requested to make a comedy serial for Doordarshan which clearly indicated that it is only the respondents who were dealing with Doordarshan
Ratio of the decision
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It was also taken into possession vide a panchnama
Facts
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for short "COFEPOSA
Facts
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We are,therefore,of the opinion that the view taken by the Bombay High Court in this behalf is unassailable
Precedent
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The appellants challenge the acquisition of their agricultural lands by the State of Uttar Pradesh for the construction of the district jail of Shahjahanpur
Facts
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iii
Ratio of the decision
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and he was evicted in due course, that the trespass by the appellant was of recent origin, that the allegation that the entry was made in the belief that the land belonged to the Illom was false, that the Revenue and Forest Departments did not harass the appellant but they took steps for dispossessing him only in accordance with the law, that the Commissioner's report was not correct in that all the improvements noted by the Commissioner were not made by the appellant but by other independent squatters, that after due notice an order of forfeiture had been passed in L.C. Case
Argument
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The said M/s
Facts
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It is no adaptation of the rule to meet the situational urgency
Precedent
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Final Voyage Should the vessel be on her voyage towards the port of redelivery at the time of payment of hire is due,payment of hire shall be made for such length of time as Owners and Charterers may agree upon as being estimated time necessary to complete the voyage,less any disbursements made or expected to be made or expenses incurred or expected to be incurred by Charterers for owners account and less the estimated amount of bunker fuel remaining at the termination of the voyage and when the vessel is redelivered any overpayment shall be refunded by the owners or underpayment paid by Charterers
Ratio of the decision
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Pursuant to the aforesaid order appointing Collector 24 Parganas as Receiver
Facts
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The witness examined on behalf of the Respondents, although at one stage stated that the appointment letters had been issued to them, upon going through the records brought with him, however, asserted that no such appointment letter was issued
Ratio of the decision
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3) of Section 300, instead of the words "likely to cause death" occurring in the corresponding cl
Precedent
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ii
Ratio of the decision
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On the basis of the said accidental death report, PW.6 Sandeepan Kamble, Police Sub-Inspector, visited the house of the accused, held inquest on the dead body of Bhimabai, and thereafter sent the same for post-mortem examination
Facts
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The Appellants, however, raised the following contentions: (i) That the statement prepared by the Custodian and Exhibited as 'C' to his affidavit in rejoinder dated 1.October.2003 was based on material, at least, all of which were not connected to the Appellants as were pointed out before the Court
Argument
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and] may be put on a different and perhaps even wider footing than ordinary inherent powers of a court to prevent injustice
Precedent
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Words
Precedent
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8.That there was no transfer of rights in favour of the petitioners by the respondents in the aforesaid letters and no consideration whatsoever was paid to the respondents for issuing the said letters which have no legal consequences and it was after the petitioners received the letter dated 19 October 1985 from Esquire Distributing & Servicing Pvt
Ratio of the decision
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On enquiring from her, PW- 21 learnt that her name was 'Yeshoda' who was later on arrayed as Accused No. 3
Facts
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The subordinate judge held that the widow took under the will a limited life, interest, and not an absolute estate or even a widow's estate under Hindu law, and that the daughter got there under a vested interest in the properties to which the plaintiff succeeded on her death
Ruling by Lower Court
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It was the observation of the revenue authorities that it was spurious
Ratio of the decision
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The judgment under appeal was passed on 15th of April,1986.This appeal arises out of the said judgment
Facts
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Andhra Pradesh requested for the requisition of the property named as "Sail Gulshan" with a vast extent of land and palaces with roads and surrounded by a compound wail measuring 19 acres and 10 guntas situated in the heart of Hyderabad city near Sarojini Devi Hospital
Facts
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Therefore,there cannot be a merger of lease and mortgage in respect of the same property since neither of them is a higher or lesser estate than the other
Ratio of the decision
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The action of the State did not,thus,lack bonafide
Ratio of the decision
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If a shebait by acting contrary to the terms of his appointment or in breach of his duty as such shebait could claim adverse possession of the dedicated property against the idol it would be putting a premium on dishonesty and breach of duty on his part and no property which is dedicated to an idol would ever be safe
Ruling by Present Court
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Last seen together : On the point of last seen together there is solitary testimony of a child witness Shalu, PW7, aged about 4 years on 23.3.1992, the date of her examination in the court
Precedent
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The accused Devendra Kumar was arrested on 22.12.2003 and his identification parade was conducted on 26.12.2003-(within four days).There is no evidence on record to show that the child witness had an opportunity to see and study the features of the accused between their arrest and test identification parade to enable a tutored identification
Ratio of the decision
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