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Such casual observation made in respect of a will couched in entirely different terms cannot afford much assistance in the decision of the case
Ratio of the decision
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But even so the offence with which the appellant is charged under Section 5(1)(c) does not necessarily involve ,An abetment with the person whom he had dishonestly allowed to- cut and take away the crop
Ratio of the decision
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Thus how and in what manner the investigating officer came to learn about Shalu, PW7 so as to record her statement during investigation remains shrounded in mystery
Ratio of the decision
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2- Dr. Pardeep Kumar in his evidence stated that he has examined PWs 5 and 6 and noted the injuries on the body of PWs 5 and 6 and issued wound certificates
Ratio of the decision
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Its work force consists of engineers and supervisors and different categories of workmen
Facts
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Copyrighted material is that what is created by the author by his own skill,labour and investment of capital,maybe it is a derivative work which gives a flavour of creativity
Precedent
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They could not enjoy the same properties in the manner directed if the widow had a full Hindu widow's estate and had the power for any purpose to dispose of them and did so
Ratio of the decision
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The writ petitions filed by the respondents herein were allowed by a learned Single Judge of the High Court opining: (i
Ruling by Lower Court
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No.293/06,would remain in the High Court
Ratio of the decision
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A compensation assessment roll containing the gross asset and net income of each estate, together with the compensation payable in respect of such estate, has to be prepared by him
Ratio of the decision
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In paragraph 36 of the order of detention,the detaining authority stated: "In view of the facts mentioned above,I have no hesitation in arriving at the conclusion that you have through your acts of omission and commission indulged in prejudicial activities as narrated above
Facts
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The reasonable inference that could be drawn from this description surely is that the goods were the property of Kipre and Co.and so also the mark
Ratio of the decision
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Their appointment is in the first instance for one year
Precedent
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To claim a relief on the basis of equality, it is for the claimants to substantiate a clear-cut basis of equivalence and a resultant hostile discrimination before becoming eligible to claim rights on a par with the other group vis-'-vis an alleged discrimination
Precedent
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Grey Street in the city of Calcutta
Facts
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Consequently,the Judgment and Order under appeal does not call for our interference
Ratio of the decision
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Thus,the determining factor is the real nature of principal order passed by the Single Judge which is appealed against and neither the mentioning in the cause title of the application of both the articles nor the granting of ancillary orders thereupon made by learned Single Judge would be relevant
Precedent
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Apart from this amount compensation was also awarded for standing crop amounting to Rs
Facts
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with those specified in that section, to all of which the process of becoming ripe, and of being cut, gathered, made, and laid up when ripe, was incidental
Precedent
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The learned counsel submitted that the evidence of a child witness must be carefully scrutinized before acceptance since a child can be easy prey for tutoring and the court must insist on corroboration from other evidence
Argument
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If he does,if he is tried by a competent court,if he is told and clearly understands the nature of the offence for which he is being tried,if the case against him is fully and fairly explained to him and he is afforded a full and fair opportunity of defending himself,then,provided there is 'substantial' compliance with the outward forms of the law,mere mistakes in procedure,mere inconsequential errors and omissions in the trial are regarded as venal by the Code and the trial is not vitiated unless the accused can show substantial prejudice
Precedent
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But that would be a matter ultimately within the discretion of the court before which the trial takes place
Ratio of the decision
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We direct that the appellants shall withdraw not more than 40 per cent of the compensation pending disposal of the appeal before the High Court
Facts
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The said order was confirmed on May 22,2001 to remain operative till disposal of suit
Facts
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A Fateh describes a rare homicidal gun shot wound of the mouth, where the entry wound was in the tongue and the direction was horizontally backward, while in suicidal wounds the direction is upwards-entrance would be in the palate or posterior pharynx
Ratio of the decision
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Grey Street was referable to possession on behalf of the idol, 30 .This finding was not challenged in the appeal court and it is too late to challenge the same before us
Ratio of the decision
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No record in regard to the said recruitments was maintained
Facts
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She also admitted that the appellant did not touch her nor teased her nor abused her
Facts
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376 of the IPC cannot be sustained
Ratio of the decision
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Subbaramayya took his work seriously and called for information on a number of points from the respondent No. 1
Facts
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The bare reading of the section makes it crystal clear that the first and the second clause of the section refer to intention apart from the knowledge and the third clause refers to knowledge alone and not intention
Statute
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It is difficult to give it a label and to fit it into a pigeon-hole, legislative, administrative or quasi-judicial
Ratio of the decision
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We are of the opinion that these were evidence that these terms were acted upon
Ratio of the decision
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We are of the opinion that even if he had any such right,he waived the same
Ratio of the decision
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It inter alia provides that every charge under the Code shall state the offence with which the accused is charged
Statute
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He argued that the IPAB ought to have considered whether use of mark 'Infosys' by the first respondent on computer hardware would create confusion in the mind of the consumers that they might be led to believe that the said hardware is manufactured by the appellant
Argument
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With the aforementioned modification in the order of injunction,this appeal is dismissed
Ruling by Present Court
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To repeat, the object of the legislature in enacting s. 239, Cr
Ratio of the decision
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Further, according to the High Court where a conspiracy has yielded its fruits the conspirators can be charged with the actual offences committed and not with conspiracy to commit those offences
Ruling by Lower Court
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Since the impugned order is passed by a learned Single Judge
Facts
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The power to grant pardon in a case pending before another Magistrate is no doubt conferred by the proviso only on the District Magistrate
Ratio of the decision
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The candidates so selected and admitted shall pay scales of fee as applicable to this class of students as determined by the State Government from time to time
Facts
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A.C. 166, I87; "This payment, if made, cannot properly in my opinion be regarded as a mere gratuity
Precedent
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but it is beyond any cavil of doubt that the writ petition will be maintainable when the action of the cooperative society is violative of mandatory statutory provisions
Precedent
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Conduct of business of the Government of a State,- (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor
Statute
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This Court in the case of Bhai Chand Ratanshi v
Precedent
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In view of what we have stated above,we cannot uphold the view of the law expressed by the Full Bench of Kerala High Court in Malayalam Plantations Ltd
Ratio of the decision
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It is further found that when the orders of the Collector directing to put the petitioner into possession were not obeyed by the subordinate Revenue Officers and the Revenue Officers effected the mutation entry No.2377 in favour of the Respondent Nos.3 Gulabai Desai and Mutation Entry No.2394 in favour of the Respondent No.5 Genu Kadu and thereafter for second time the special Divisional Officer,Maval,has exercised the revisional powers under Section 257 and initiated proceeding RTS Revision 12 of 1999 in respect of the mutation entry No.2377 and 2394.The RTS Revision 12/99 was allowed on 28.1.2000 as against that two RTS appeals namely,RTS Appeal No.81 of 2000 and RTS Appeal No.114 of 2000 were preferred by the Respondent
Ruling by Lower Court
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The learned counsel for the petitioners invites our attention to the Order dated 20.10.2002 (page 94C of the Paper Book).Issue notice to respondent nos.1 to 4 limited to the question as to why the amount which will be directed to be refunded to the petitioners herein consequent upon the sale having been set aside should not bear reasonable interest
Ruling by Lower Court
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While we are disposed to agree with learned counsel that the questions embrace a number of matters and that it would have been better if those matters had been made the subjects of separate questions, the answers given by the respondents clearly show that they understood the questions and wherever possible they have given complete answers to those questions
Argument
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Canalisation of a particular business in favour of even a specified individual is reasonable where the interests of the country are concerned or where the business affects the economy of the country
Ratio of the decision
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E. G. Barsay v. The State of Bombay
Ratio of the decision
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The learned Judge of the trial court took the view that this letter nowhere mentioned that the respondents wanted to register their format on behalf of their producers which is consistent with the modern norms of advertising
Facts
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There used to be some bickering in the marital life of Bhimabai and her husband on trifling matters
Facts
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Courts have to administer justice and justice includes the punishment of guilt just as much as the protection of innocence
Ruling by Lower Court
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This argument however cannot avail the appellants
Ratio of the decision
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Part IV of the Government order deals with the allocation of powers between the judicial and executive magistrates
Ratio of the decision
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It is provided that the amount credited to the Drugs Prices Equalization Account shall be spent for paying to the manufacturer, "the shortfall between his retention price and the common selling price or as the case may be, the pooled price
Statute
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In this situation the Superintending Engineer by his letter dated 18th April,1974 directed the respondent to show cause as to why action should not be taken against him for disobeying the order of transfer and also for unauthorised absence from duty in breach of service Regulation
Facts
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On or about 18.6.1994,he executed a Will in favour of the respondent
Facts
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but it is a case falling under S. 304 Part II IPC
Ratio of the decision
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It is no doubt true that the law of limitation bars a remedy but not a right
Ratio of the decision
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The name of the arbitrator was also communicated to the appellant
Facts
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Apart from raising the question of valuation of the suit and the pecuniary jurisdiction of the court to try the same they also raised question that the petitioners are not the owners of the copyright in the said serial within the meaning of S.17 of the Copyright Act,1957 and the copyright in respect of the said serial belongs and vests with the respondent Nos.1 to 4
Facts
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Yet again,if such performance is conducted before a non-paying audience by the appellant,which is an institution if it comes within the purview of amateur club or society,the same would not constitute any violation of the said order of injunction
Ratio of the decision
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In the face of this express provision,there is no scope to urge that the appeal may be transferred to the High Court because of the acquittal of the appellants for the offence punishable under Section 3 TADA by us
Ratio of the decision
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Based on this affidavit,the suit was partially decreed in favour of the appellant on November 10,2004
Facts
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Furthermore,the authorities of the DRI by a letter dated 28.02.2005 requested the Bank to defreeze the bank accounts of Appellants
Facts
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Furthermore,as noticed hereinbefore,the authorities of the DRI by a letter dated 28.02.2005 requested the Bank to defreeze the bank accounts of Appellant
Ratio of the decision
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At times provision is made for appointment of different dates for coming into force of different parts of the same Act
Ratio of the decision
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We however, find that certain documents upon which Mr. Chari wants to rely are not included in the paper book
Ratio of the decision
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The object of framing a charge is to enable an accused to have a clear idea of what he is being tried for and of the essential facts that he has to meet
Ratio of the decision
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The substituted S.25 reads as under: "25.Opposition to the patent.(1
Statute
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After the assault,Chandra Prakash went to the TV room where Shashi Didi had kept some money in a rubber band on the table
Facts
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The case of Jaswant Singh v. The State of Puniab
Precedent
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The effect of the relevant provision of the English Acts was that registration of a trade mark would be deemed to be equivalent to public user of such mark
Precedent
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S.4 of the said Act empowers taking possession of requisitioned property
Statute
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Appeal allowed
Ruling by Present Court
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The power conferred on the High Court to revise the orders of the tribunals below has been provided in Section 121A of the Act,which runs as under: "The High Court may at any time call for the records of any order or proceeding recorded by the Appellate authority under this Act or any other law for the purpose of satisfying itself as to the legality of such order or as to the regularity of such proceeding and may pass such order with respect thereto as it thinks fit
Statute
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Probably,this is the reason why it has become customary with the lawyers labelling their petitions as one common u/arts.226 and 227 of the Constitution,though such practice has been deprecated in some judicial pronouncement
Precedent
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2 and 3 and the two juvenile offenders gathered in the hall to assault Rauji, the deceased, PW-1 and PW-8
Facts
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In the result,Civil Appeal No.2299 of 1979 is allowed in part insofar that the order dated 22nd December,1978 of the Industrial Tribunal,Maharashtra Bombay is quashed to the extent that it modifies the original award dated 20th December,1978,and the corrigendum made consequent thereto is also quashed
Ruling by Present Court
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1),the court shall take into consideration the report,if any,of the Probation Officer concerned in relation to the case
Statute
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Art.142 and its applicability
Precedent
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By reason of Patents (Amendment) Act,2005,the kind of opposition available under the said 1970 Act is different from what existed earlier
Ratio of the decision
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Without giving effect to the amendments to Ss.116 and 117A suggested by S.47 of the Patents (Amendment
Facts
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Dr
Ratio of the decision
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The argument, for example, was that there should be a more scientific formula in regard to conversion cost and not, as was done, so many rupees and paise per thousand capsules or one litre of liquid
Argument
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The aforesaid order directing impleadment of the State of West Bengal as a 7 party was obviously intended for the purpose that the interest of the State and the rights of the State in relation of the State and the rights of the State in relation of the State and the rights of the State in relation to several fisheries could be protected
Ratio of the decision
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Indlaw SC 589,to contend that mere running of a factory to manufacture and sell of cigarettes can never be considered to be a public duty much less an incident thereto such as providing a canteen to its workmen
Argument
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Ram Samsthan Beladhadi [(1999) 1 SCC 74] is concerned,we again fail to understand that how this could be of any help to the appellants
Ratio of the decision
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Akhil Sibal,learned counsel for the appellant argued that an application for rectification,whether under Section 46 or Section 56 of The 1958 Act,can only be preferred by a 'person aggrieved'; the applicant must not only be a person aggrieved on the date of the application but must continue to remain a person aggrieved until such time as the rectification application is finally decided
Argument
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Here there is good reason to depart from the old rule of full compensation and it perhaps legitimates the reduced rate of recompense
Ratio of the decision
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The appeals are disposed of accordingly without any order as to costs
Ruling by Present Court
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No reason has been stated in support of this view
Statute
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The principle enunciated in the High Trees case (supra), was also recognized by the House of Lords in Tool Metal Manufacturing Co. Ltd
Precedent
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This appeal is by special leave against the judgment and decree of the High Court of Kerala which dismissed an appeal against the judgment and decree of the Subordinate Court of Havelikkara
Facts
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The determinative question is the intention or knowledge, as the case may be, and not the nature of the injury
Precedent
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Similarly K. V. Gopala Raju was transferred from the post of Stores Clerk to the general department and K.S.N. Murty, the discharged accused, was appointed Stores Clerk in his place
Argument
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In the absence of .such a findings the High Court was wrong in law in refusing to rectify the trade mark and striking it off the register
Argument
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