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These were sufficient safeguards for ascertaining the views of the State Governments and the Universities
Ratio of the decision
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if any" do not mean that the Court need not call for a report from the probation officer
Precedent
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This position was highlighted in State of Maharashtra v. Balram Bama Patil, (1983) 2 SCC 28 1983 Indlaw SC 414, Girija Shanker v. State of U.P.(2004) 3 SCC 793 2004 Indlaw SC 78 and R. Prakash v. State of Karnataka (2004) 9 SCC 27 2004 Indlaw SC 117
Precedent
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They faced the trial and the learned Sessions Judge vide its judgment dated 4th October,2004 found them guilty of the said offences and punished them as follows: "Hence A.1 to A.3 are sentenced to undergo R.I.for THREE YEARS and further sentenced to pay a fine of Rs.1,000/each (total fine amount Rs.3,000/-) offence punishable u/s.498-A IPC.I.D.of the fine amount of Rs.1000/to undergo SI for 9 months
Facts
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Merely because he has been some time in the company of the police at the police station his testimony cannot be discarded as untrue
Ratio of the decision
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2.Where the same idea is being developed in a different manner,it is manifest that the source being common,similarities are bound to occur
Precedent
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They are FAO No.292/06 and FAO
Ratio of the decision
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No complaint was made by the respondents even in appeal that they were ignorant of their right, that had they known about it they would have given evidence on oath in their defence and that because of this they have been prejudiced
Ratio of the decision
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Section 5 makes it clear that the Chief Controlling Authority in all matters connected with the land revenue in his Division shall vest with the Commissioner,subject to superintendence,directions and control of the State Government
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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We have heard Shri Soli J.Sorabjee,learned Senior Counsel for the petitioners in these two writ petitions
Facts
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So long as the right to assign a registered trade mark remains valid,once the same is validly assigned,the assignee derives the same right as that of the assignor in terms of the statute
Ratio of the decision
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iv
Facts
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Seven days as a term for periodical payments (of wager,,rent,or the like),or as a unit of reckoning for time of work or service
Ratio of the decision
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It is well recognised and established that this Court has always been a law maker and its role travels beyond merely dispute settling
Precedent
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On the other hand at the end of cl
Statute
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Section 37A was enacted on 12th of March,1956.The High Court was,however,of the view that it cannot be said that it was for the revenue authorities alone to decide the issue because the arbitrator was ordered to decide the issue by the High Court on 19th August,1974 and by this Court on 30th of January,1975.The High Court also referred to the directions of this Court dated 19th August,1985 mentioned hereinbefore
Facts
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D.B.Modak & Anr.[(2008
Precedent
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No.5:-Whether the time charter party dated 6th
Ratio of the decision
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Ltd.being aggrieved by the said judgment preferred review application under Order XLVII Rule 1 CPC for review of the judgment and order dated 27th April,2001 passed by the High Court
Facts
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In Shrijee Sales Corporation and Anr
Precedent
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As Secretary of VESCO it was his duty to convene the meetings of the Board of Directors, to present before them the periodical statement of receipts and expenditure of VESCO, to convene meetings of the General Body, to prepare the Managing Agents' report and the Director's report as also to see to the presentation of auditors' report and the statement of accounts
Argument
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A right to appeal carries with it right of re-heating on law as well as fact
Ratio of the decision
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Court,it also made a preliminary decree in favour of the plaintiff for redemption of the suit properties
Facts
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Baban Karpe PW-9,himself an injured witness,failed to identify A-10 at the time of the identification parade held by PW-32,though he identified A-10 later on in the Court during the trial
Ratio of the decision
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Thus the trial court proceeded to uphold the contentions raised on behalf of the respondents to dismiss the suit
Facts
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2) of S. 300 can be where the assailant causes death by a fist-blow intentionally given knowing that the victim is suffering from an enlarged liver, or enlarged spleen or diseased heart and such blow is likely to cause death of that particular person as a result of the rupture of the liver, or spleen or the failure of the heart, as the case may be
Precedent
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Vimal Dave,to obtain instructions from the respondent
Facts
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PW-1 -Dr
Facts
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He had no grouse against her neither any ulterior motive in identifying the accused,who were not acquainted to him
Ratio of the decision
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We are not impressed with the submission of the learned counsel for the Company that the corrigendum was in effect a fresh award
Ratio of the decision
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The order and judgment of the Court of Small Causes Ahmedabad dated 18th of August,1977 are restored
Ruling by Present Court
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Limited was changed to Infosys Technologies Pvt
Facts
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1991 Supp (1) SCC 331 1991 Indlaw SC 904] and Kumari Shrilekha Vidyarthi and Others v
Argument
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In the suit,only the competing right of the first respondent qua the appellant can be determined and not a right against M/s
Ratio of the decision
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So far as the first confession statement made before P.W.40 is concerned,admittedly the accused was under physical custody,at that time,whereas at the time of last confession stated to have been made before P.W.42,the accused was on bail and he had been summoned by P.W.42 for further examination and,therefore,technically in custody
Ratio of the decision
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According to the prosecution the accused Shashi Tripathi is the step mother-in-law of deceased Bhavna Tripathi
Facts
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At page 193 of the report it was observed as follows: "The question therefore arises, did he intend to confer only a life estate or a daughter's estate
Precedent
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Therefore, a pardon granted by him in such a case would be illegal
Ratio of the decision
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The ratio which applies in the case of the shareholders who acquire the right, title and interest of their predecessorsin-interest does not apply to the labour force and the fact that the shareholders get a dividend by transfer of funds from the reserves and undistributed profits of the previous years would not entitle the workers to demand bonus out of those funds if the working of the industrial concern during the particular year has resulted in a trading loss
Ratio of the decision
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It is, furthermore, not in dispute that third party rights have since been created by reason of sale of a large number of commercial properties
Ratio of the decision
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In view of these directions,the Sub-Divisional Officer,Haveli,Sub Division,Pune,initiated proceeding RTS Revision 14 of 1984 and by order dated 30.7.1985 cancelled the mutation Entry No.1836 which comprises land admeasuring 7897 sq.yards and directed necessary corrections in the record as per the observations made in the order
Facts
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He may,however,take recourse to such remedy which is available with him in law including one by filing a suit or making a representation before the State
Ruling by Present Court
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The learned counsel for the Appellants proposes to offer his comments on the bids and the two orders of the Special Court
Facts
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We do not find any force in the contention of Mr
Ratio of the decision
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The terms also may bring within its umbrage the entire period of five years or more irrespective of the fact as to whether the registered proprietor was one or more than one as has been held by the High Court
Ratio of the decision
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Ltd.(2007) 7 SCC 737 2007 Indlaw SC 1580
Precedent
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Any such irregularity if proved may entail serious consequences
Facts
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We are afraid none of these cases is of any assistance to the correspondence since the court was not concerned in any of those cases with a review of subordinate legislation by the subordinate legislating body
Argument
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The said suit was heard by Mr. Justice Bose who declared the premises
Ruling by Lower Court
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The provisions of the said Amendment Act,2002,however,were not simultaneously brought into force
Facts
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I think he is altogether too late
Precedent
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The Drugs (prices Control) Order, 1970 defined 'Bulk Drugs' as follows: "Bulk drugs" means "any unprecessed phamaceutical, chemical, biological and plant product or medicinal gas conforming to pharmacopocial or other standards accepted which is used as such or after being processed into formulations and includes an essential bulk drug
Statute
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The High Court will of course be bound by the finding which we have given on the questions of law agitated before us
Ratio of the decision
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It has further been held that the property, be shares, dividends and bonus and rights shares, would also be attached property
Precedent
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It is true that while exercising discretion,the Court u/s.46 of the Act should take into consideration not only commercial interest of the parties but also public interest: In para 21.82 at page 386 of the law of Trade Marks and passing-off by P.Narayanan (4th Ed.),it is stated that the Court or the Registrar has discretion in granting or refusing an application for rectification
Ratio of the decision
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Vs
Precedent
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112 of 11, 00 M.E. an order was passed for dispossessing the appellant on July 24
Facts
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Govt.of Manipur,Minister (Revenue
Facts
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Union of India
Argument
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Mehta 1998
Precedent
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It is,therefore,directed that the admission for the academic session commencing in 1994 to the professional courses in the institutions which are claimed to be Minority Educational Institutions shall be made on the following basis: (i
Facts
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The expressions "free reserve", "leader price", "net-worth", "now bulk drug", "pooled price," "pre-tax return", "retention price" are defined in the following manner: ""Free reserve" means a reserve created by appropriation of profits, but does not include reserves provided for contingent liability, disputed claims, goodwill, revaluation, and other similar reserves". "'leader price' means a price fixed by the Government for formulations specified in Category I, Category II or Category III of the Third Schedule in accordance with the provisions of paras
Statute
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It is therefore clear that in estimating the crop, the small portion of the land where crops were stated to have been cut by the 13-2-63 even if true could not have been taken into account
Ratio of the decision
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Ujjagar Singh, the appellant herein, a resident of village Bangawali, Tehsil Malerkotla, was tried and convicted by the Additional Sessions Judge, Sangrur for the murder of his niece Mukhtiar Kaur and was awarded the death penalty
Facts
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The accused concentrated his cross-examination with reference to the said charge and elicited answers showing that he did not assault or outrage the modesty of Prakashi Devi
Ratio of the decision
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Learned counsel put heavy reliance on the decision of this Court in the case of Ishwar Singh vs
Argument
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The said Shri Tayeng retired on 28.02.1998.Despite the fact that he,in his UO Note dated 12.02.1998 addressed to the Minister of Revenue,denied to have made any appointment,when approached by the writ petitioners respondents,he affirmed in their support an affidavit in the High Court stating: "3.That,while I was functioning as Revenue Commissioner,Manipur,matters relating to appointment on the recommendation of the D.P.C.,transfer etc.were put-up to me in files and I used to pass order on the basis of facts presented to me in file
Facts
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He has submitted that the insecticide Thimet is extensively used by the farmers for preservation of crop and is kept stored in their houses and it could be a case where Thimet accidentally got mixed with some food item and was consumed by Bhaimabai
Argument
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Y.S. Shetty and Others, (2000) 10 SCC 179 1999 Indlaw SC 2211 and M.D. U.P. Land Development Corporation and Another Vs
Precedent
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In any event, ordinarily, a bona fide purchaser for value in an action sale is treated differently than a decree holder purchasing such properties
Precedent
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The distinguishing feature of the mens rea requisite u/cl
Precedent
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Compensation amount of Rs.5,00,000/- deposited in this Court by the 2nd appellant shall be paid to the injured witness-Sukhbir
Ruling by Present Court
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The said chart, however, shows that at least Mrs. Deepika Mehta held assets more than her liabilities
Argument
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An order,which this Court can make in order to do complete justice between the parties,must not only be consistent with the fundamental rights guaranteed by the Constitution,but also it cannot even be inconsistent with the substantive provisions of the relevant Statute
Ratio of the decision
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The learned Single Judge examined the matter on merit and set aside the orders of the Rent Controller as well as the Resident Deputy Collector on the ground that the aforesaid judgments were perverse
Precedent
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I continued to be the Secretary of VESCO and resident representative of the Managing Agents throughout the period of conspiracy
Argument
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Therefore,necessity of mentioning copyright separately in respect of dramatic works does not arise
Ruling by Lower Court
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On 26.April.1999, the Custodian filed an application being Misc
Facts
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The validity and/ or legality of the said notice was questioned by the appellant by filing a writ petition in the High Court of Gujarat inter alia contending that the purported final allotment of plot No.165 in favour of the respondent no.3 and allotment of final plot No.157 in favour of the respondent no.4 were made without issuing any notice as envisaged u/ss.52 and 53 of the Act
Facts
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The stand taken by the present appellants before the Tribunal and the High Court was rejected
Facts
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SCC 191 1996 Indlaw SC 618,and held that the workmen of a statutory canteen,as in the present case,would be workmen of an establishment for the purposes of the Act only and not for other purposes
Ratio of the decision
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Thus, this is a special provision available in case of doubt and is neither subject to the limitations prescribed by s. 233 nor those of the other preceding provisions
Ratio of the decision
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Section 11 of the Code is worth to be quoted herein
Statute
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No.1452/72 which was ultimately dismissed by this Court on 17.11.1972
Statute
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In our judgment, there is force in the contention of Mr. Rajah Iyer for reasons already stated and in the result, therefore, we dismiss this appeal with costs
Ruling by Present Court
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Ahmadi submitted that the second revision would not lie under Section 257 of the Revenue Code since Section 259 of the Code provides an opportunity to the State Government to only correct any "Final Order" while exercising power under the provisions of Section 257 i.e.with regard to its legality and propriety
Argument
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The appellant must be presumed by course of conduct that he is a bona fide user for the purpose of S.46(1)(b
Ratio of the decision
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It is the sort of enquiry which the legislature itself may cause to be made before legislating, an enquiry which will not confer any right on anyone
Ratio of the decision
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The respondent Nos.1 to 4 in their written statement contested the suit
Facts
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The original award was completed and signed by the Tribunal,and it cannot be reopened now except for the limited purpose of Rule 31.In travelling outside and beyond the terms of the original award,the Tribunal has committed a jurisdictional error
Ratio of the decision
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Thereafter, the appropriate statutory course will follow
Ratio of the decision
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not applicable in India but that is not to say that a wrongful trespasser can plant trees on someone else's land and claim a right to those trees after he is evicted
Ratio of the decision
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Counsel for the parties also could not refer any of the clauses of auction prescribing interest on refund of amount in case of cancellation of auction or sale
Ratio of the decision
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S.K.Dholakia were these: That defendant-l
Argument
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It certainly is not sufficient reason that they are at loggerheads with the respondents or desire in some way to injure them
Ratio of the decision
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The said premises are expressly declared as dedicated to the deity
Ratio of the decision
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It was further submitted by learned senior counsel appearing for the appellant that the Court shall not direct release of offender unless it is satisfied that the offender or his surety,if any,has a fixed place of abode or regular occupation in the place over which the Court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond
Argument
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In our view, therefore, trees are not included within the meaning of 'other products raised on the, land' in s. 9 of the Act and there is, therefore, no obligation on the Government to give notice of forfeiture under that section
Precedent
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The aforesaid orders have been challenged in C.A.No.7122 of 2003 (M/s
Ratio of the decision
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