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Raju to pay substantial compensation to injured-Sukhbir
Ratio of the decision
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The said cross-objections were however printed as additional record
Ruling by Lower Court
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One Mr
Facts
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Similarly,out of the 50% of the seats to be filled up by the Management in accordance of the said order,half shall be payment seats and the other half free seats
Facts
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Before concluding we may point out that we do not wish to express any opinion on the subsequent events which have taken place in this case
Ratio of the decision
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S.5(2) of the 1947 Act mandates that any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to seven years and shall also be liable to fine
Statute
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S.4 of the Act is the penal section and demanding a "dowry",as defined under S.2 of the Act,is punishable under this section
Ratio of the decision
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That was enough in the eyes of the Courts of Equity to entitle him to a relief by way of an injunction in case of an infringement of his mark by some other trader
Precedent
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In the instant case judged by the aforesaid principles,it is possible to hold that there was a partnership of which the appellant was a partner
Ratio of the decision
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Accordingly,we reject the said contention
Ratio of the decision
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As these petitions were filed beyond the prescribed period of limitation, petitions for condoning the delay in filing the petitions for special leave to appeal had to be and were filed
Ratio of the decision
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III of the Government Order, which reads thus
Ratio of the decision
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It may further be true that Appellant had remained in detention for the entire period but it is one thing to say that the writ of Habeas Corpus in this circumstances cannot issue but it is another thing to say that an order of detention is required to be quashed so as to enable the detainee to avoid his civil liabilities under SAFEMA as also protect his own reputation
Ratio of the decision
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It seems from a perusal of the document,Exhibit C-51,that it is a statement giving trial figures of the increased financial load on different bases
Ratio of the decision
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1991 PL,64
Precedent
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M/s
Argument
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The cause of action therefor was stated to have arisen in the following circumstances : "That the cause of action for the present petition arose in favour of the petitioner and against the respondents in the month of January 1987 when the respondent informed this Hon'ble Court that they have been recorded as subsequent proprietors of the impugned registered trade mark No.228867 in Class 7 in C.O.No.9 of 1986,whereupon the petitioner withdrew the said earlier petition C.O.No.9 of 1986 with permission of the court to file the present petition,because of the changed circumstances
Facts
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It instituted a suit in the Bombay City Civil Court (not the Court of Small Causes,Bombay) praying for a declaration that it was in lawful possession of the shop and the appellants had no right to enter into or remain in possession of the shop and for grant of an injunction restraining the appellants from interfering with the respondent's possession
Ratio of the decision
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The blood samples of Bajrang (PW-14) and Baban Karpe (PW-9) were similarly collected
Facts
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What value to attach to them is another matter and would be for the Court of fact to consider
Statute
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In the present case -there is nothing on the face ,of the sanction, and no extraneous evidence, to show that the sanctioning authority knew the facts alleged to constitute a breach of the Order, and the sanction is invalid
Precedent
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It may be noted that in the said Amendment Act,2002,no provision was made pertaining to "post-grant opposition".That provision came to be made only under the Patents (Amendment) Act,2005 which was promulgated on 4.4.2005 w.e.f.1.1.2005
Facts
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Paragraph 11 explains what 'Mark-up' means
Statute
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The place of injury is also important
Argument
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He is not doing any business due to his bad health
Ruling by Lower Court
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But,we intend to emphasise that he has lost his right to enforce the same in a public law forum
Ratio of the decision
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But thereafter when the partnership deed Exhibit-69 was executed the appellant and his father joined the firm with an agreement to share profits only and their share was fixed at 0.03 paise in a rupee
Ratio of the decision
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According to this witness,on 23rd January,2002,the marriage of his daughter was solemnised with accused Pathan Hussain Basha and he had accepted to give Rs.25,000/in marriage
Ratio of the decision
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The main question raised in this appeal by special leave at the instance of State,of Gujarat,and the Collector of Sabarkantha against the Gujarat High Court's judgment and order dated January 30/31,1975 allowing the writ petition of the respondent is whether once the competent authority under s.2(4) (i) of the Bombay Merged Territories and Areas (Jagirs Abolition
Ratio of the decision
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In this appeal,the learned counsel for the appellant had covered a wide field,but in the end he states that the appellant is aggrieved by two matters only
Argument
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Appeal dismissed
Ruling by Present Court
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Any person aggrieved by the absence or omission from the register of any entry,or by any entry made in the register without sufficient cause,or by any entry wrongly remaining on the register,or by any error or defect in any entry in the register,may apply in the prescribed manner to a High Court or to the Registrar,and the tribunal may make such order for making,expunging or varying the entry as it may think fit
Statute
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With a view to provide for the expenses of his daily (and) periodical Sheba and festivals, etc
Ratio of the decision
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22 Bom
Precedent
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The statute, rules and regulations formed by the State govern the terms and conditions of service of the employees of the Respondent
Ratio of the decision
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The core question which arises for our consideration is as to whether in the aforementioned facts and circumstances of the case,the application under S.46(1)(b) was maintainable
Ratio of the decision
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The following circumstances were highlighted to find the accused guilty
Facts
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The third contention was that the questions were involved, confusing and bordered on cross-examination
Argument
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Mukesh Hans,(2004) 8 SCC 14 2004 Indlaw SC 1413,sub-s.(4) of S.17 cannot be pressed into service by officers who are negligent and lethargic in initiating acquisition proceedings
Precedent
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The Company moved an application before the District Collector,Meerut stating therein that as on date there are no arrears/liability payable by the Company,therefore,requested to remove the Receiver
Facts
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In reply to the arguments of learned counsel for the appellant,Mr
Argument
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Shramik Sena & Ors.,1999(6) SCC
Ratio of the decision
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Sd/-Execut
Facts
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S.40 of the Act empowers the appropriate authority to make one or more schemes
Ratio of the decision
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It was strenuously argued by Mr. K. S. Krishnaswami Iyengar that Lakshminarayana Iyer was a Brahmin gentleman presumably versed in the sastras, living in a village in the southernmost part of the Madras State, that his idea of a restricted estate was more likely to be one analogous to a Hindu woman's estate than a life estate a,-, understood in English law wherein the estate is measured by use and not by duration, and that if this will was construed in the light of the notions of Lakshminarayana Iyer it should be held that the widow got under it a Hindu widow's estate and the daughter got under it a contingent remainder in the nature of spes and on her death there was nothing which could devolve on the plaintiff and he thus had no locus standi to question the alienations made by the widow
Argument
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I alone was convicted of the other two offences
Facts
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RECEDENTS AS REGARD SCOPE OF THE ACT
Precedent
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In the alternative,learned Senior counsel submitted that even if it were to be admitted without prejudice that second revision is maintainable,the Minister being the revisional authority should not have interfered with the findings recorded by all the six Revenue Authorities
Argument
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The court having charged the accused with the offence of having trespassed into the house of Prakashi Devi with intent to assault her and having further charged him for having assaulted the said Prakashi Devi by outraging her modesty,convicts him on the ground that though he did not assault or outrage the modesty of Prakashi Devi,he had outraged the modesty of Sheela Devi,that would lead to failure of justice
Ratio of the decision
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The parties filed an application under Section 13-B(1) of the Hindu Marriage Act,1955 before the Family Court,Delhi seeking divorce by mutual consent
Precedent
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Dr
Facts
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Dissatisfied with this computation,the respondent made a representation to her employers claiming maternity benefit for the entire period of twelve weeks under the Act.i.e.for 84 days on the plea that a week consisted of seven days
Facts
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We need not go into this detail except for the purpose of noticing that what the Chief Conservator did was not to approve wholly or in a modified form what the Forest Officer did but to make his own appraisal independently and without reference to the report of the statutory functionary, viz., the Forest Officer
Ratio of the decision
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In response,the respondent,while expressing their disappointment with the rate but purportedly,in view of their long business relations with the appellant conveyed their acceptance of the proposed rate in respect of each of the vessels named in separate letters,all dated 1st
Facts
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For this purpose too, the Government may gather information from any source including the manufacturers
Ratio of the decision
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The Appellants herein and the said
Facts
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The Division Bench,therefore,was wrong in its conclusion that the appellant has failed to establish it
Argument
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this Court held as under : "In a case based on circumstantial evidence, the circumstances from which the conclusion of guilt is to be drawn have not only to be fully established but also that all the circumstances so established should be of a conclusive nature and consistent only with the hypoth-esis of the guilt of the accused
Precedent
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The impugned order is set aside
Ruling by Present Court
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However, the interests of the manufacturers are not to be ignored
Ratio of the decision
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This may be so, but then the effect of the rival contentions was required to be gone into by the learned Special Court
Ratio of the decision
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To the Question "Have all sites- been handed over on due date" the answer shown- was an affirmative 'yes
Ratio of the decision
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We have examined the circular letter and are satisfied that it has no relevance to a situation like the present and it deals with a totally different matter
Ratio of the decision
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In our view also,the High Court was fully justified in drawing an adverse inference against the appellants for not producing any Geni receipts or any lease agreement to show that the 5th respondent before the High Court (respondent No.3 herein) had,in fact,leased out the scheduled land in favour of the appellants or their father,since deceased,on crop share basis and that the appellants had paid the Geni to the 5th respondent
Ratio of the decision
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I have been implicated falsely in this case
Facts
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Mr
Argument
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Maintaining silence cannot be equated to discharge of onus by the accused
Ratio of the decision
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The test is whether the two authorities with concurrent revisional jurisdiction are equal in rank
Precedent
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AIR 1964 SC 1217 1963 Indlaw SC 141 speaking through Justice K.N.Wanchoo (as His Lordship then was
Precedent
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In arriving at the said finding, no contention of the parties raised in their respective affidavits had been adverted to nor any material filed before it was analysed
Ratio of the decision
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In the meanwhile, residents of the locality had gathered in the courtyard and told the accused persons not to assault Rauji
Facts
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Special circumstances as a defense were available to the respondent for non-user; even after 1979,the supply-technical know-how by the respondent was not totally absent
Facts
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I is alleged to have been committed not by just one person but by all the accused and the question is whether all these persons can be jointly tried in respect of all these offences
Ruling by Lower Court
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In Supreme Court Bar Association v
Precedent
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We, therefore, as at present advised, refrain ourselves from adverting to the said question
Ratio of the decision
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When they went there, the appellant went to his mother's room and brought a knife with which he stabbed Rauji
Facts
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SC 3509 1996 Indlaw SC 2404 and Chemicals and Fibres of India v. Union of India, AIR (1997
Ratio of the decision
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Even if he had a claim he would be deemed to have waived the same for the reasons stated hereinafter
Ratio of the decision
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He further submitted that there was not only shifting of time of the alleged occurrence but also shifting of the place of occurrence from the hall to the outside verandah and courtyard to suit the convenience of the prosecution case
Argument
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It is in the aforementioned situation,a claim is to be made before the authority whenever a notice in Form H is published
Statute
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That charge reads thus :" "Adverting to the portion which we have bracketed, his first objection was that the charge comprises within it not merely the conspiracy but also what was in fact done in pursuance of the conspiracy
Argument
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Looking at the matter in that way, it is pointless to inquire further whether the provisions of s. 239 are subject to those of s. 236(1
Ratio of the decision
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If there is a supervening public equity, the Government would be allowed to change its stand and has the power to withdraw from representation made by it which induced persons to take certain steps which may have gone adverse to the interest of such persons on account of such withdrawal
Precedent
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It was submitted that injured witness Sukhbir was not examined in the court and neither CT Scan nor x-ray nor operational notes of Sukhbir were produced before the court and in the absence of such material evidence, courts below erred in convicting the second accused u/s
Argument
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The Pocket Part of the Corpus Juris Secundum, Volume XI, under the heading "As Compensation for Services" quotes the following passage from Attorney-General v. City of Woburn, 317 Mass. 465 :- "The word 'bonus' is commonly used to denote an increase in salary or wages in contracts of employment
Ratio of the decision
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The power of a District Magistrate to grant Pardon has been specifically conferred on Additional District Magistrates as would appear from s
Ratio of the decision
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The High Court by judgment and order dated 23rd February,2011 quashed the notice dated 22nd August,2005
Facts
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Ram Samsthan Beladhadi [(1999) 1 SCC 74].1998 Indlaw SC 1197
Argument
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v) Absconding of the accused Was the accused absconding at all
Ratio of the decision
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In the present case also,the respondents 3 and 4 failed to prove that their father was cultivating the land in dispute from the year 1968 as a tenant under the respondent No.5 and that after the death of their father,they continued as tenants in respect of the land in dispute
Facts
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Although,Madan Verma,the Director of M/s
Ratio of the decision
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Later, however, Murty was also got transferred to the general section and replaced by P. W. 18
Argument
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However, by an order dated 14.July.2000, the said applications were permitted to be withdrawn with a permission to re-file the same
Facts
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Act,1953 (Bombay Act
Ratio of the decision
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2004 Indlaw SC 829, this Court observed : "In such a factual background, in our opinion, the Industrial Court or the High Court could not have drawn an adverse inference for the non-production of the Muster Rolls for the year 1990 to 1992 in the absence of specific pleading by the respondents-applicants that at least during that period they had worked for 240 days continuously in a given year
Precedent
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Subsequent to the filing of the present appeal in a large number of cases the revenue demands have been set aside
Argument
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A clear statement of its intention is found in paragraph 22 of the award,where the Tribunal stated: "I only propose to modify the existing structures of the scales with flat increases in each category
Ratio of the decision
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We are unable to agree
Ratio of the decision
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STATUTORY
Statute
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PW-22),we find that the deceased had four incised injuries which had caused extensive damage to his internal organs also
Ratio of the decision
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