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The State Government may appoint one or more Additional Collectors and in each district (including the City of Bombay and so many Assistant Collectors and Deputy Collectors (with such designations such as "First","Second",Super numerary",etc
Statute
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This appeal is preferred against the judgment dated 19.8.2011 passed by the High Court of Punjab and Haryana in Criminal Appeal No.181 SB of 2000, whereby the High Court partly allowed the appeal filed by the appellants thereby confirming the conviction of the appellants with certain modifications
Facts
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By judicial interpretation the contents of these Part III rights are constantly expanded
Ratio of the decision
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1995] 1 SCC 274 1994 Indlaw SC 2183
Precedent
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The appellant has denied that there was any standing crop on the land acquired on any date after 13-2-63
Ratio of the decision
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Appellant having a right over the remaining 200 sq.m.of the land of original plot No.17/8 should be allowed to continue thereupon and final allotment made in favour of the respondent no.3 to that extent should be cancelled
Argument
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Etc
Precedent
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In express terms he conferred on his daughter powers of alienation byway of gift, exchange, sale, but in sharp contrast to this, on his widow he conferred no such powers
Ratio of the decision
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a) of s. 239
Ratio of the decision
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Limited
Facts
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The seniority of the promotee Asstt
Ratio of the decision
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If a review application is allowed and the price of the bulk drug is raised and if in the meanwhile, the formulation had been ordered to be sold at a low price, it may result in considerable loss to the manufacturer
Ratio of the decision
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If this is not done, the evidence of the witnesses cannot be assailed in respect of those statements by merely proving that the witness had signed the document
Ratio of the decision
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The flats, however, during pendency of these appeals have been sold in auction
Ratio of the decision
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The only question that falls for consideration is as to whether a second revision under Section 257 is maintainable and that whether the State Government exceeds its jurisdiction in entertaining the second revision
Ratio of the decision
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Learned counsel for the first respondent further argued that 'Infosys' is not an invented or a coined word; the said word is an abbreviation and combination of the words 'information system'; the word 'Infosys' has been used by various companies abroad as well as within India prior to incorporation of the appellant itself and hence cannot be called an invented word
Argument
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No defence witness was examined after the statements of the accused were recorded u/s.313 of the Criminal Procedure Code,1973
Statute
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The said contention must be properly adjudged
Argument
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In the premises,the appeal was allowed
Ruling by Lower Court
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b) where the identity of more authors than one is disclosed,as references to the author who dies last from amongst such authors
Statute
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The offences being different and the persons commiting the offences being different, they could not be tried jointly only with the help of cl
Ratio of the decision
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Section 2(h) defines "dramatic work" to include any piece of recitation,choreographic work or entertainment in dumb show,the scenic arrangement or acting,form of which is fixed in writing or otherwise but does not include a cinematograph film
Statute
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According to the appellant,the aforesaid issue has not been decided
Argument
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On completion of the investigation, the police submitted the charge- sheet against the accused persons namely the present appellant (Accused No. 1), Accused Nos
Facts
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This is clear from the appellant's letter dated 31.5.95 to the State Government
Ratio of the decision
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This suggestion in the surrounding circumstances attending the execution of this will cannot be sustained
Ruling by Present Court
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This work also has brought her deserving fame and appreciation of Scholars
Facts
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The area of this CTS Nos.were as under
Facts
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In Hitendra Vishnu Thakur And Others Vs
Precedent
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For the purpose of determining the financial capacity of the appellant,the Tribunal followed Unichem Laboratories v
Facts
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The lands which were acquired belonged to several land holders including Moti Ram and P.W. 12 Kewal Chand
Facts
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2) and (3) of s. 235 are enabling provisions and quite plainly can have no overriding effect
Ratio of the decision
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Desu Rangiah and others,A.I.R.1954
Precedent
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At the identification parade,A-5 was identified by PW-9,PW10,PW-11,PW-14 and PW-15; A-10 by PWs 10 to 15; A-11 by PW 3 and PWs 9 to 15; A-1 by PWs 10 to 15; A-8 and A-9 by PW-3 and by PWs 10 to 15
Facts
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The learned Sessions Judge framed charges under Sections 498-A, 304-B read with Section 34 IPC and Section 306 read with Section 34 IPC against both the appellants
Facts
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In Stroud's Judicial Dictionary (Third Edition),it is stated that (1) "though a week usually means any consecutive seven days,it will sometimes be interpreted to mean the ordinary notion of a week reckoning from Sunday to Sunday and (2) probably,a week usually means seven clear days
Ratio of the decision
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It is also not in dispute that the State Government in exercise of its rule making power conferred upon it u/s
Ratio of the decision
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The property may be given out and out to the idol, or it may be subjected to a charge in favour of the idol
Ratio of the decision
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For the purpose of regularization which would confer on the concerned employee a permanent status, there must exist a post
Ratio of the decision
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However,the learned counsel for the petitioners made elaborate reference to the Income Tax Act,1961 and the provisions whether such availment of benefit could be taken or not pursuant to the amendment effected to the provisions relating to computation of business income at different stages may not be very germane to the present case
Ratio of the decision
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In such cases public duty is owed to the public in general and not specific to any person or group of persons
Ratio of the decision
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Dr. Rajiv Dhawan, learned Senior Counsel, appearing on behalf of the Appellants in Civil Appeal No.337 of 2002 and Mr. M.N. Rao, learned Senior Counsel, appearing on behalf of the Appellants in Civil Appeal No.335 of 2002, took us through materials on records and contended that the Appellants herein became 'permanent employees' of the Respondents having regard to the provisions contained in S. 2 of the 1961 Act and Order 2(i) and 2(vi) of the Standard Standing Orders as set out in the Annexure appended to the 1963 Rules defining 'permanent employees' and the 'temporary employees
Argument
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In such cases the hand used to steady the weapon at the muzzle may be blackened and scorched and may also be stained with squirting of the blood from the injured arteries
Ratio of the decision
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This Court also held that in view of the ratio in Union of India vs
Precedent
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The prosecution case in so far as it is material for the decision of this appeal is as follows
Facts
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The petitioners claimed that they were the real producers and owners of the said serial "Yeh Jo Hai Zindagi" and the petitioners to the knowledge of the respondents have entered into an agreement assigning the video rights in the said serial to one M/s Esquire Distributing and Servicing Pvt
Facts
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The High Court by impugned judgment convicted appellant
Ruling by Lower Court
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1 = cm; (8) incised wound on right supra mammary region lateral aspect of size 3 cm x 1 = cm x 1 = cm; (9) incised wound on radial aspect of left forearm near wrist joint of size 2
Facts
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The ratio of the decision in Bhagwant Kishore Joshi 1963 Indlaw SC 268 (supra) is applicable to the facts of the present case as the police officer merely visited the spot and place of occurrence and made some survey which cannot be regarded as investigation
Ratio of the decision
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But, the said chart has been drawn up on the basis of the audited accounts, the correctness whereof is itself in dispute
Argument
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Jaswant Sugar Mills Ltd.& Ors
Ratio of the decision
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Information supplied by a person in custody that 'I will produce a knife concealed in the roof of my house' does not lead to the discovery of the knife; knives were discovered many years ago
Precedent
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Such documents must be placed for inspection for one week continuously upon giving due notice therefor to the Appellants jointly
Ratio of the decision
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3) would have stated that such property would stand attached the moment it was acquired by the notified person
Precedent
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Explanation -For the purposes of this clause,an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; b.that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step,having regard to the matter published as mentioned in cl.(b) or having regard to what was used in India before the priority date of the applicant's claim; c.that the subject of any claim of the complete specification is not an invention within the meaning of this Act,or is not patentable under this Act; d.that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; e.that the applicant has failed to disclose to the Controller the information required by S.8 or has furnished the information which in any material particular was false to his knowledge; f.that in the case of a convention application,the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title
Statute
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The so-called seniority list which is contained in Annexure P-27, whereupon strong reliance has been placed by Dr. Dhawan merely itself goes to show that it was prepared in respect of office muster employees
Ratio of the decision
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For the reason aforesaid,the impugned order dated 1st March,2011 passed by the High Court in W.P.No.10220 of 1996 etc.cannot be upheld
Ruling by Present Court
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The petitioner was not a party in the High Court of Kerala and this Special Leave Petition was filed with leave of this Court
Ratio of the decision
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325 IPC and sentenced him to undergo rigorous imprisonment for one year, convicted second accused Rajbir
Ruling by Lower Court
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3,000 only, which amount he accepted for his personal use and thereby also abused his official position and obtained pecuniary advantage, for himself in a sum of Rs
Facts
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This Is also consistent with the other evidence that some work was in progress Which gain is in accord with the evidence of Telu Ram P.W. 8 that he got the possession of RD 4500 to RD 1200
Ratio of the decision
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The question for decision in that case was whether S. was at all entitled to sell anything more than her life interest even for purposes of meeting a necessity binding upon the estate
Precedent
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It was furthermore contended that Dr
Facts
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On being cross-examined, PW-7 categorically stated that death due to stab injury was in consequence of Injury No. 1 and all other injuries were superficial in nature
Ratio of the decision
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Just as the widow was directed to enjoy tile entire properties mentioned in the schedule during her lifetime in like manner the daughter and her heirs were also directed to enjoy the same properties with absolute rights from generation to generation
Ratio of the decision
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Allegation of trafficking is a serious one
Ratio of the decision
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Such a view was not an impossible one or a perverse one
Ratio of the decision
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In its view these words take in what is familiarly known in law as 'emblements' which according to Black's
Facts
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Indisputably,delay to some extent stands explained
Ratio of the decision
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On their own showing,Respondents admit that they were relevant documents
Ratio of the decision
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In Hindustan Petroleum Corporation Limited vs
Precedent
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We, therefore, find that Ujjagar Singh's conviction u/s
Ratio of the decision
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It does not provide for a 'sun set' law
Ratio of the decision
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The appeal is therefore allowed,the conviction of the accused is set aside and the matter is remitted to the trial court with a direction for a new trial after framing a charge by substituting the words "her daughter-in-law Sheela Devi" for the words "abovenamed Prakashi Devi",in the second part of the charge
Ruling by Present Court
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The respondent joined service as technical assistant with the Gujarat State Electricity Board (hereinafter refined to as the Board).He was promoted to the post of Deputy Engineer
Facts
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In rest of the Minority Educational Institutions falling in categories (1),(2) and (3) indicated in paragraph 5 of the order dated August 18,19932,admission shall be made in accordance with the directions contained in the order dated May 14,1993 in Writ Petitions Nos.350 and 355 of 1993 as modified by order dated August 18,19932,but the directions would not apply to the institutions referred to in paragraph 18 of the order dated August 18,19932.In this context,we would like to impress upon the managements of the institutions concerned that while assessing the merit of a candidate for admission the objective should be to promote the excellence of the institution as a vehicle of general secular education
Ratio of the decision
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It is a "problem solver in the nebulous areas".(See
Precedent
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The High Court dealt with the value of the land
Ratio of the decision
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As the learned advocate for the respondent rightly pointed out with reference to each one of the persons who, it was claimed, should have been called, that there was already evidence relating to the particular matter about which the person specified was sought to be called
Ratio of the decision
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Hence this appeal
Facts
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Additions made in the form of the said dance including the Prasangas fell within the purview of 'originality' in respect whereof copyright could be claimed
Argument
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Jora Singh accompanied by Gurdeep Singh PW3 thereupon rushed to Ujjagar Singh's house and found Mukhtiar Kaur lying dead with a gun shot injury and the appellant also with a gun shot injury lying unconscious on the ground in the adjoining room
Facts
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Paragraph 15 empowers the Government to revise prices of formulations
Statute
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Admittedly, the flats have been sold subject to the result of these appeals
Ratio of the decision
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That has to be found in section 4 of the Indian Partnership Act,1932,it says "Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all" (Emphasis supplied
Ratio of the decision
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Moreover,having regard to the statement made by counsel for the respondent before us it would be unfair to subject the respondent to the further inquiry under s.37(2) of the Code
Ratio of the decision
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The father of the bride could not pay the balance amount within time,because he lacked the resources
Facts
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Although the special circumstances of trade taken by themselves would have prevented the use of the trade mark
Precedent
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P/30 of forensic science laboratory human blood of group 'B' was detected on the underwear
Facts
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Order is not a legislative activity, but a quasi-judicial activity which would attract the observance of the principles of natural justice
Ratio of the decision
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Any outstanding due to me and Bank Deposits and whatever assets or properties not mentioned above,that is,residuary after my death shall belong to Smt
Facts
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It may therefore be understood that the plenary powers of this Court u/art.142 of the Constitution are inherent in the Court and are complementary to those powers which are specifically conferred on the Court by various statutes though are not limited by those statutes .These
Precedent
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No objection was taken on their behalf before the learned Additional Sessions judge and from the manner in which they have answered the questions there is no doubt that they must have had opportunity to look at the relevant documents and answer the questions
Ratio of the decision
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So far as the question of non-placement of material documents before the detaining authority is concerned,we may notice the following dates: (i
Facts
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One significant fact, however, which occurred prior to 1946 - is referred to by the prosecution
Argument
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C.A.No.7122 of 2003,C.A.Nos.7123-7124 of 2003 and C.A.No.7125 of 2003
Ruling by Present Court
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In the present case,there is no evidence from the side of the appellants indicating abandonment of the trade mark by M/s
Ratio of the decision
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The contesting respondents contended that the workmen in the canteen had been working right from its inception,that is,since 1967; that from 1976 onwards,after expiry of the contract with the Industrial Catering Services,they had been directly working with the appellant without any contractor; that they sought for regularization of their services by letter dated 28 February 1978; that the said letter was corrected and redrafted by the Personnel Manager to indicate the idea of floating an Association/Society to run the canteen; that this modified request contained in Ex.W-49 was stated to be contradictory to the stand taken by the workmen all through
Argument
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This amount was, however, paid by the AECO from the funds of VESCO
Argument
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It had specifically been referred to in extenso in the order of detention
Precedent
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