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Rangaramanujam,learned senior counsel for the appellant submitted that inasmuch as the alleged incident took place on 14.11.1997 and 14 years have elapsed since then,the amount of Rs.200/-said to have been received by the appellant is trivial in nature and also of the fact that due to the said conviction and sentence he lost his job,leniency may be shown and sentence be reduced to the period already undergone
Argument
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The Scheme was notified in the year 1999.Respondent No.1 herein which is the statutory agency in terms of the Act for the purpose of implementation of the Scheme issued a notice u/s.67 of the Act upon the respondent no.4 on or about 15.01.2000.As he did not respond thereto,a notice u/s.68 of the Act was served on him on 31.03.2000 stating: "As per the said approved preliminary scheme the plot No.157 is allotted to you
Facts
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It was agreed under the terms of the mortgage deed that no interest need be paid by the respondent since the premises,the possession of which was given to the tenant pursuant to the mortgage was to be enjoyed in lieu of interest payable on the mortgage
Ratio of the decision
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Special Tahsildar,land Acquisition,Visakhapatnam Municipality and mother,[1979] Andhra Weekly Reporter,Vol.1 p.101,where the Court observed in the context of the Land Acquisition Act that a tenant was a 'person interested' as defined in clause (b) of s.3 of the Land Acquisition Act
Precedent
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Pt
Facts
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In this view of the matter,we feel that the High Court was right in its final conclusion whereby it has quashed the inquiry initiated by the Collecor under s.37(2) of the Code and issued the necessary injunction prayed for by the respondent
Ratio of the decision
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Such a plea is clearly unsustainable
Ratio of the decision
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This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender
Precedent
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No. III of 1959 decided on January 19, 1961
Ratio of the decision
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Kay Aar Biscuits (P) Ltd.was never the registered owner of the trade mark "Meghraj".It was urged that merely because an Agreement stood entered into on 22.11.89 between M/s
Argument
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The facts disclose the commission of the offence of criminal misconduct as defined in Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act 1947 by Major Som Nath accused
Statute
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These directions would meet the exigencies
Ratio of the decision
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There was, thus a remote possibility of causation of such type of injury by any other person, who was not in the terrace
Argument
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In his cross-examination, he admitted that he did not make detailed enquiries as to what was the cause of death and where the incident had taken place
Facts
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It was held in the majority judgment by HidayatuIIah,J.as the learned Chief Justice then was,that though section 35 of the Delhi and Ajmer Rent Control Act was worded in general terms but it did not create a right to have the case re-heard
Ratio of the decision
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Such attachment being automatic, no finding was required to be arrived at that the same had been acquired either during the notified period or the Appellants were involved in offences in transactions in securities
Ratio of the decision
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PROVISIONS
Statute
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Act,1947
Ratio of the decision
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A sum of Rs
Facts
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Salve appearing for the State of West
Argument
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The Appellate Court so far as the material for the present appeal is concerned held that there was no subletting and there was only carrying on of the business in partnership with defendants Nos.2 to 5 in the name of Bharat Neon Signs
Ratio of the decision
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State of Karnataka and Others 1994 Supp (2) SCC 511 1993 Indlaw SC 538
Ratio of the decision
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Raleigh was recorded as permitted users of the trade marks
Facts
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She resided with Shashi Didi
Facts
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See observations of Llyod Jacob J.in 1956 RPC 1.In the matter of Vitamins Ltd's Application for Trade Mark at p.12,and
Precedent
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They accepted the stand of the respondent sub silentio and thus,continued to bind themselves by other terms and conditions contained in the Charter Party dated 6th May,1997,which obviously included the arbitration clause
Ratio of the decision
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Separate directions were,however,given in respect of institutions referred to in Writ Petitions Nos.284 and 482 of 1993.With regard to Writ Petition No.284 of 1993 it was observed that in the said writ petition the petitioner has claimed that no capitation fee is charged from any student and the fee charged is not more than (in some cases less than
Ratio of the decision
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It was also claimed therein that they had become owners of the said properties when the plaintiff in the year 1962 sold those properties to defendant-1 by receiving a sum of Rs.4,400/-as consideration for the sale
Facts
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Later when Raj Narayan Singh and others filed Writ Petition (Civil
Facts
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The decision rendered without disclosing the report of the State Government and without affording reasonable opportunity to the appellants to present their case was contrary to natural justice was therefore, void
Precedent
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Exhibit G-1 (which is Exhibit 27-A in the petitioners' compilation) is a letter written by Shri S.P.Agrawal,Controller of Programmes of Doordarshan to respondent No.1,M/s Art Commercia with reference to the format for the proposed serial of half and hour duration tentatively titled "Musibat Hai" serial sent to them on 13 July 1984.Since the letter was addressed to M/s Art Commercia in which the proposal was accepted for production of the serial and the first episode was to be sent for preview and approval which would be given only after seeing the recording of the first episode
Facts
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The onus was on him
Argument
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that he did act as such shebait and that his possession of the premises
Ratio of the decision
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The answer to the said question must be rendered in the negative
Precedent
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AIR 1956 SC 116 1955 Indlaw SC 80] this court explained the concepts of "prejudice to the accused" and "failure of justice" thus:- "(6) Before we proceed to set out our answer and examine the provisions of the Code,we will pause to observe that the Code is a code of procedure and,like all procedural laws,is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities
Precedent
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It is clear from the evidence on record that the partnership firm had undergone metamorphosis from time to time and again ever since the year 1960.The firm Bharat Neon Signs first originated on 4th of October,1960.As many as six persons were named in the partnership firm,on or about 4th of October,1960 and they had executed a deed of partnership on 13th of October,1960 which is Exhibit-114 on the record
Facts
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Shah that the labels which were used on the food products manufactured by Kipre and Co
Argument
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The Trial Court heard the respondent on sentence also and passed the following order: "Convict in person with counsel Heard on sentence
Ruling by Lower Court
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Union of India & Ors.(1997) 3 SCC 261) 1997 Indlaw SC 2816 that challenge to the order of IPAB directly in the appeal before this Court under Article 136 of the Constitution is barred
Argument
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Kay Aar Biscuits (P) Ltd.was
Facts
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No doubt, as already stated, where offences for committing which a conspiracy was entered into have actually been committed it may not, in the particular circumstances of a case, be desirable to charge the offender both with the conspiracy and the offences committed in pursuance of that conspiracy
Ratio of the decision
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The evidence in order to carry conviction should ordinarily clarify as to how and under what circumstances he came to pick out the particular accused person and the details of the part which the accused played in the crime in question with reasonable particularity
Precedent
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The amendment made by the Tribunal has the effect of providing a second increase,this time to each individual workmen
Ratio of the decision
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These are enabling provisions which circumstance implies that the court may avail itself of one or more of these provisions unless doing so would amount to an infringement of any of the provisions of the Code
Ratio of the decision
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Having been selected on merit and for no other consideration,they are entitled to continue in their office for the period of the contract of their engagement and they can be removed only for valid reasons
Precedent
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This is intended to prevent the registered proprietor to by pass the Act by such token use after he comes to know that an application for removal is about to be filed.?Sub-cl.(3) protects a mark from being removed from the register on ground of non-use if such non-use is shown to have been due to special circumstances in the trade
Ratio of the decision
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Paragraph 16 provides that where any manufacturer, importer or distributor of any bulk drug or formulation fails to furnish information as required under the order within the time specified therein, the Government may, on the basis of such information as may be available with it, by order, fix a price in respect of such bulk drug or formulation as the case may be
Statute
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It has also not been shown that the vacancies had been notified to the employment exchange
Ratio of the decision
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The facts of the case in brief are that in view of the Chinese invasion Air Field at Sirsa required to be extended for which purpose the Ministry of Defence, Govt
Facts
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We, therefore, confirm till further orders the interim order made by us on April 20, 1981
Ruling by Lower Court
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It is not possible to maintain one part of the award and supersede another
Ratio of the decision
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Pendharkar and that Doordarshan had no direct connection with the petitioners but only with the respondents as producers or the Director stood un-impeached
Ratio of the decision
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307 IPC and imposed sentence of imprisonment for five years as well the fine of Rs.500/- was confirmed by the High Court
Ruling by Lower Court
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That apart the name of A-10 does not figure specifically in the statement of Baban PW-9,which formed the basis of the FIR,Ex.77.PW-10,PW-11 and PW-15 have tried to implicate A-10 by making tell tale improvements in their statements at the trial by ascribing a role to him in the assault by improving upon their statements earlier recorded during the investigation,with which statements they were duly confronted
Ratio of the decision
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When the respondent No
Facts
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From the testimony of PW9,it stands established that while Mukesh PW-12 was narrating the incident which had taken place at the video parlour,the appellants alongwith 7/8 other persons arrived in a jeep and two auto-rickshaws armed with swords,satturs and sticks and opened the assault on the prosecution witnesses and that A-11 and his two associates assaulted PW-14 with swords
Facts
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i
Ratio of the decision
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V.Addisons Paint & Chemicals Ltd.[(2003) 11 SCC 92 2003 Indlaw SC 756]: "In our opinion,the phrase "person aggrieved" for the purposes of removal on the ground of non-use under S.46 has a different connotation from the phrase used in s.56 for canceling or expunging or varying an entry wrongly made or remaining in the Register
Precedent
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Police Inspector Joshi arrived at the hospital and Baban Karpe PW-9 narrated the occurrence to him which was reduced into writing
Facts
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April,2003 in C.A.Nos.7123-7124 of 2003 held that this Court is satisfied that no fault can be found with the impugned judgment of the High Court so far as the setting aside of the sale is concerned,we dismiss the appeals,so far it relates to cancellation of auction sale
Ruling by Present Court
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Sub-section (2),for the words and figures "section 20,Section 25,Section 27,Section 28,",the words,figures and brackets "section 20,Sub-s.(4) of Section 25,Section 28" shall be substituted
Statute
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Kota Shivarama Karanth (for short,"Dr
Facts
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In our view,so far as the decision in the case of Mohan Balaku Patil & Ors.vs
Argument
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Generally speaking,the Magistrate must make a note of every objection raised by an accused at the time of identification and the steps taken by them to ensure fairness to the accused,so that the court which is to judge the value of the identification evidence may take them into consideration in the appreciation of that evidence
Precedent
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But if the assessment is a "best judgment" assessment, the Special Court may examine whether, for example, the income which is so assessed to tax bears comparison to the amounts attached by the Custodian, or whether the taxes so assessed are grossly disproportionate to the properties of the assessee in the hands of the Custodian, applying the Wednesbury Principle of Proportionality
Precedent
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The AECO was appointed Managing Agent for each of these corporations under separate agreements
Facts
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This shows that no work had in fact been undertaken on the land acquired and also that possession of the existing runway and track had already been given
Ratio of the decision
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Thirdly,the quantum of compensation payable for abolition of Jagir and extinguishment of his other rights depends upon what kind of Jagir has been abolished,whether it is proprietary or non-proprietary; in other words it is clear that the inquiry into the nature of the Jagir under s.2 (4) (i) is for the purpose of determining the quantum of compensation payable to a Jagirdar inasmuch as in the case of.a non-proprietary Jagir the Jagirdar is entitled to compensation at the rate of three times the amount of land revenue received by or due to him as an incident of Jagir during the five years immediately before the appointed date under S.11 (1),while in the case of a proprietary Jagir in respect of land held by a permanent holder the Jagirdar is entitled to compensation equivalent to three multiples of the assessment fixed for such land; S.11(3) provides for compensation and computation thereof to a Jagirdar having any right or interest in any property referred to in S.8.In such an inquiry ordinarily no determination of any rights of the Jagirdar to mines or mineral products in a Jagir village will be undertaken for' no compensation is payable in respect of any rights to mines and mineral products in a Jagir village
Ratio of the decision
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No costs
Ruling by Present Court
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Leave granted in SLP (Crl
Facts
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The Commissioner of Revenue Department was conferred with a power of being the cadre controlling authority for non-ministerial post of the Revenue Department
Facts
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This deposition clearly implicates accused Nos.1,2 and 4.The picture that emerges is that Shashi Tripathi caused Bhavna to be killed and for this purpose engaged Chandra Prakash (accused No.2) and Raju
Ratio of the decision
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Furthermore, the Labour Court having derived its jurisdiction from the reference made by the State Government, it was bound to act within the four-corners thereof
Ratio of the decision
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For, the pardon granted in -this case can be regarded as being within the ambit of s. 337 (1) for another reason
Ratio of the decision
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Union of India: 1998 (4) SCC 409
Precedent
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The respondent M/s
Facts
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So, information may be gathered from whatever source considered desirable by the Government
Ratio of the decision
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This order shall,however,not estop the petitioners from urging all other contentions raised in the writ petitions,as,indeed,this interim interlocutory order is made on the consent of the petitioners and without prejudice to all the contentions
Ratio of the decision
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However, that is not the point which is relevant while considering the argument of Mr. Bhimasankaram
Ratio of the decision
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The same view has been reiterated by another three-Judge Bench decision of this Court in Munshi Singh and Ors
Precedent
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The learned Additional Solicitor General,who appeared on behalf of Respondent has drawn our attention to a long list of dates showing that searches were conducted and statements of a large number of persons had to be recorded
Argument
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The orders do not disclose any factual details and the relevant provisions under which the accused was charged/convicted and minimum sentence,if any,as available in the Act as well as the period already undergone
Ratio of the decision
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Private Ltd.,as
Argument
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The argument before the High Court was and before us is that, the absence of an entry cannot of electricity duty to Government
Ratio of the decision
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late Harshad Mehta were persons notified in terms of the Act which was enacted to provide for the establishment of a Special Court for the trial of offences relating to transactions in securities and for matters connected therewith
Facts
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iv)Whether the commercial properties could have been sold in auction
Ratio of the decision
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L.S. Synthetics Ltd. 2004 Indlaw SC 715 (supra
Ratio of the decision
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That the incident arose out of a petty altercation between A-11 and his three companions with PW-10 and his three companions at the video parlour and later on led in the homicidal death of Popat Band Patte on 11 August 1990 and injuries to PW9 and PW14 was neither disputed before the learned Designated Court nor before us
Ratio of the decision
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The family of the Appellants consists of four brothers, their wives, children and their widowed mother
Facts
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However,it is to be made clear that this power cannot be used to supplant the law applicable to the case
Precedent
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I initiated was opening a heading in the ledger called "advance purchase of materials
Facts
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The aforesaid distinction between an act amounting to murder and an act not amounting to murder has been brought out in the numerous decisions of this Court
Statute
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State of Haryana AIR 1999 SC 1083 1999 Indlaw SC 391 and Ramashish Yadav Vs
Argument
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Thus,proceedings commenced before the Controller of Patents in the year 2000 when the appellant herein sought a patent of their device which was opposed by respondent no.3 in the year 2000.By then,the Patents (Amendment) Act,1999 had amended the Patents Act,1970 w.e.f.26.3.99.S.25 of the Patents Act,1970 as amended by Patents (Amendment) Act,1999 dealt with opposition to a patent vides S.25.At that time appeals against decisions made by the Controller pertaining to "pre-grant oppositions" under S.25 were maintainable before the High Court u/s.116(2) of the Indian Patents Act,1970
Facts
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It is said that some of the documents i.e. Ex. 8, 10 and 11 have not been put to the witnesses even though the Court relied upon them
Ratio of the decision
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On a disclosure statement made by A-11 before the police and the panches under Section 27 of the Evidence Act and on his pointing out a sword was recovered from the field at Korti,where it lay buried
Facts
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3) of S. 3 contains a non-obstante clause providing that on and from the date of notification under sub-section (2), any property, movable or immovable, or both, belonging to any person notified under that sub-section shall stand attached simultaneously with the issue of the notification and such attached properties may be dealt with by the Custodian in such manner as the Special Court may direct
Statute
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P.C. is to afford the accused personally an opportunity of explaining any incriminating circumstance so appearing in evidence against him
Ratio of the decision
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The State Government in its counter then gave the names of the existing colleges and their location
Ratio of the decision
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Whereas it is alleged that Major Som Nath...... while functioning as Garrison Engineer, M.E.S., Air Field at Sirsa from 13-2-63 to 54-1963 by corrupt or illegal means or by otherwise abusing his position, as such public servant, obtained pecuniary advantage of Rs
Facts
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