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State of Tamil Nadu & Others,[1996] 3 SCC 15 1996 Indlaw SC 858,which was a case relating to Medical Education and which also related to the effect of a Central Law upon a law made by the State under Entry 25 List III,it was held that the "essentiality certificate cannot be withheld by the State Government on any policy consideration because the policy in the matter of establishment of a new medical college now vests with the Central Government alone
Precedent
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Under the Patents (Amendment) Act,2005,appeal is provided to the Appellate Board against the order of the Controller under S.25(4).However,that statutory appeal is maintainable only in "post-grant opposition" proceedings whereas respondent no.3 herein has instituted first appeals under the law then prevailing,challenging the Order rejecting "pre-grant opposition" dated 23.8.06
Ratio of the decision
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Transfer from one place to other is generally a condition of service and the employee has no choice in the matter
Ratio of the decision
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Indisputably,during the proceedings in the above suit,M/s
Facts
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19.Appeal - (1) Notwithstanding anything contained in the Code,an appeal shall lie as a matter of right from any judgment,sentence or order,not being an interlocutory order,of a Designated Court to the Supreme Court both on facts and on law
Statute
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3) of S. 300 is one of degree of probability of death resulting from the intended bodily injury
Precedent
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ELT 257 2005 Indlaw SC 799(SC
Precedent
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In a case of this nature,where the facts are admitted,the principles of natural justice were not required to be complied with,particularly when the same would result in futility
Ratio of the decision
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In this context,it is also note worthy to indicate that C.W.1 in his evidence has stated that the accused was in police station on 24-4-2003 itself
Ratio of the decision
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But in such a case the materials must be brought to the notice of the petitioners who would be entitled to cross-examine the witnesses connected therewith and may give rebutting evidence
Facts
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Despite the pressing invitation of Shri Diwan to go into facts and figures and his elaborate submissions based on facts and figures, we have carefully and studiously refrained from making any reference to such facts and figures as we consider it outside our province to do so and we do not want to set any precedent as was supposed to have been done in Premier Automobiles though it was not so done and, therefore, needed explanation in later cases
Ratio of the decision
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What is necessary to be supplied is the relevant and the material documents,but,thus,all relevant documents must be supplied so as to enable the detenue to make an effective representation which is his fundamental right u/art.22(5) of the Constitution of India
Ratio of the decision
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It is the specific case of the appellant herein that the High Court has not afforded to the appellant an opportunity to file counter affidavit
Ratio of the decision
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Grey Street which was directed against Sushilabala and the two sons of jogendra the learned judges held that the cross-objection against the co-respondents was not maintainable and dismissed the same with costs
Ruling by Lower Court
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After fixing the salary of the employees in the scales as above,the employees should be given increments in the new scales as noted below:- (i) Employees who have completed 5 years or more as on 1st January,1976,3 increments
Facts
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As on March 11,1985,32 more posts were created and the total posts available were 218.On
Ratio of the decision
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The fourth charge is that the two respondents, along with the approver
Ratio of the decision
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A conspiracy must be regarded as one transaction and, there- fore, a single individual charged with it could be tried with the aid of s. 235(1) for all the acts committed by him in furtherance or in pursuance of the conspiracy without the limitations imposed by s.234(1
Ratio of the decision
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His representation was rejected and he was directed to join at Ukai but he did not do so instead he filed a civil suit at Baroda challenging validity of the order of transfer
Facts
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In Tharoe Mal v. Puranchand, [1978] 1 SCC 102 1977 Indlaw SC 122 one of the questions was regarding the nature of the hearing to be given before imposing municipal taxes under the Uttar Pradesh Municipalities Act, 1916
Precedent
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On 16th February,2003,at about 5 p.m.,Investigating Officer arrested all the three accused persons
Facts
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There is, therefore, no warrant for drawing a distinction between the powers of "the District Magistrate" and the powers of "'a District Magistrate
Ratio of the decision
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Act,1989.The Magistrate committed the case to Sessions Court which was specified as a special court under the Act
Precedent
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After referring to Hari Shanker Bagla v. State of Madhya Pradesh, [1955] 1 SCR 380 1954 Indlaw SC 135; Union of India v. Bhanamal Gulzarimal, [1960] 2 SCR 627 1959 Indlaw SC 127; Sri Krishna Rice Mills v. Joint Director (Food) 1965 Indlaw SC 93, (unreported); State of Rajasthan v. Nathmal and Mithamal, [1954] SCR 982 1954 Indlaw SC 66; Narendra Kumar v. Union of India, [1960] 2 SCR 375 1959 Indlaw SC 61; Panipat Co-operative Sugar Mills v. Union of India, [1973] 1 SCC 129 1972 Indlaw SC 155; Anakapalle Co-operative Agricultural & Industrial Society Ltd. v. Union of India
Precedent
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Her father PW.1 Tukaram along with some of his relatives went to the house of the accused and tried to persuade them not to ill-treat Bhimabai
Facts
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In this case,the statements of Appellant and Prabhjot Singh,in our opinion,were material
Ratio of the decision
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In reply to question 33 he stated as under: "I am innocent
Facts
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In any event, the destination of the bus was the said village and they were bound to take the bus thereat
Precedent
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No case was made out by the Appellants herein in their statements of claim that they became permanent employees in terms thereof
Ratio of the decision
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Shri Tayeng by a UO Note dated 12.01.1998 denied to have made such an appointment stating: "CONFIDENTIAL U.O.No.2/15/93-Com (R) Pt
Facts
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S.B.Sanyal,learned counsel appearing on behalf of the respondents,on the other hand,would submit that the question as to whether the appointments of the respondents were nullities or not having not been raised before the High Court,this Court should not permit the appellants to raise the said contention at this stage
Argument
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In a given case like the present case where there is evidence with the Department of the trade mark being owned by M/s
Ratio of the decision
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Adjudication is determinative of the past and the present while legislation is indicative of the future
Ratio of the decision
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The Court while construing a statute takes into consideration the parliamentary intent in amending the provisions thereof
Ratio of the decision
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The respondent also averred that it had not taken possession of any crops or movables as stated in the, plaint and that the movables found in the building were attached for the realisation of arrears of fine etc
Argument
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We have perused those orders
Ratio of the decision
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He was relieved from his duties at Surat on 30th March,1974
Facts
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Thus, taking into consideration the total of the decretal amount and the income-tax liability, it is clear that the total assets of Harshad Mehta group would be far below the liabilities
Ruling by Lower Court
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The vessel shall continue to be on charter to charterers in direct continuation from 2348 hrs.22.09.1996 to 30.06.1998.The vessel shall be re-delivered by charterers to owners on dropping last outward pilot at any port on west coast of India at charterers option
Statute
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In this connection,reliance was placed by the Commissioner (A) on the said Agreement dated 22.11.89.Before the Commissioner (A) the appellants herein contended that they had used the name "M/s
Facts
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Neuro Surgeon, PW8-investigating officer and other witnesses
Facts
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Mr. Krisbnaswami lyengar, on the other hand, contended that the absence of any words in the will restricting her powers of alienation and putting a restraint on them, suggested a contrary intention and that the daughter's estate was described as coming into being after the estate of the widow and was not conferred on her simultaneously with the widow, and this connoted according to the notions of Hindus a full Hindu widow's estate
Argument
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No.113.The learned Single Judge as well as the Division Bench both erred in law in setting aside the order of discharge
Ratio of the decision
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Imphal,the 12th Jan.,1998 Sub: Submission of report
Facts
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In that suit,the appellant also made an application for grant of temporary injunction
Facts
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It has been held in State of Andhra Pradesh v. Thadi Narayan, AIR (1962
Precedent
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By agreement dated December 29,1962,Sen Raleigh and the respondents agreed that Sen Raleigh was registered user for further period up to 1976.Sen Raleigh was taken over by the Government of India on September 8,1975 under the IDR Act and the Government took over the management of Sen Raleigh Limited
Facts
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She obtained probate of the will on the 6th August, 1912
Facts
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The Company was in heavy arrears as on 3rd January,1977 to the extent of Rs.1.14 crores
Facts
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Mr. Desai contended that if interest is calculated, liabilities would be more than assets
Argument
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Section 13 which occurs in Chapter III of the Act provides that subject to the provisions thereof and the other provisions of the said Act,copyright shall subsists throughout India in the following classes of works,that is to say,- (a) original literary,dramatic,musical and artistic works; (b) cinematograph films; and (c) sound recording
Statute
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He is a party to the litigation and is very much aware of the vicissitudes of litigation and needs no protection
Precedent
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The Transfer of Property Act,1882 (TP Act) "111.A lease of immoveable property determines - (a
Statute
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A) of the Act
Precedent
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Sub-rule (3) of Rule 21 of the Bombay Rules provides for issuance of a special notice upon the person interested in any plot or in any particular plot comprised in the Scheme
Ratio of the decision
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CONTENTIONS OF THE PARTIES Appellants 9
Argument
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They have not been heard
Ratio of the decision
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In view of this specific provision the contravention of which is punishable under s. 6 thereof, his conduct in applying for registration and for getting himself impleaded in the suit of the Illom against the Government, would show that he knew that the land was Government land or land in which the Government had a claim
Ratio of the decision
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Thus,where a special method of resolving disputes (such as arbitration or resolution by private or domestic Tribunals) has been agreed by the parties (expressly or by necessary implication),that regime,and not judicial review,will normally govern the dispute
Ratio of the decision
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Jain Industries,despite service of notice,nobody appeared on behalf of the defendant.16.1.1987 was the date fixed in the said suit
Facts
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Hajrabi Haji Yusuf on 4.6.1949.However,this transaction was cancelled by the Collector and Custodian of Evacuee Property on 17.4.1949 as per Section 8(i) of the Evacuee Properties Act and these lands were accordingly entered as Evacuee Property by the Tahsildar,Maval on 26.10.1949.It appears that these survey numbers were also given C.T.S.No.129,130-A,130-B and 133
Facts
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The work according to that agreement was to be done in 2 phases-first phase was to commence on 10th January 1963 and was to be completed by 9th October 1963
Argument
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This was a case of a gift inter vivos
Precedent
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This Court held that the same being the legal position,the procedures which have been laid down for depriving a person of the said right must be strictly complied with
Precedent
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Grey Street by adverse possession
Ruling by Present Court
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The appellants were taken by surprise by production of materials which were not even disclosed to the appellants
Facts
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We would consider the effect of Sub-s.(3) of S.65 of the Act a little later,but,we may at this juncture notice that the respondent No.3 in whose favour plot No.165 has been allotted which includes 200 sq.m.of land purported to be in possession of the appellant had nothing to do with the dispute between the appellant and his landlord the respondent no.4.Respondent No.4 was in possession of a contiguous plot
Ratio of the decision
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The High Court dismissed the same stating that it is covered by another matter
Facts
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Indlaw SC 681],though the principle was stated far more precisely,in the following terms: "The principle of waiver although is akin to the principle of estoppel; the difference between the two,however,is that whereas estoppel is not a cause of action; it is a rule of evidence; waiver is contractual and may constitute a cause of action; it is an agreement between the parties and a party fully knowing of its rights has agreed not to assert a right for a consideration
Precedent
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But there has to be a word of caution
Ratio of the decision
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The question before the Court was whether the plaintiffs were entitled to recover against the defendant damages caused to them by cutting down and carrying away the plaintiffs' trees
Precedent
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In A. Umarani vs. Registrar, Cooperative Societies and Ors
Precedent
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iii
Facts
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Therefore, the phrase "taxes due" cannot refer merely to a liability created by the charging section to pay the tax under the relevant law
Precedent
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Reference was also made to Bengal Chemical & Pharmaceutical Works Limited v
Ratio of the decision
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The High Court further modified a portion of the order in view of the decision of this Court in Bhag Singh v
Facts
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By Order dated 8.12.2000,CEGAT rejected the above Rectification Application made by the Appellants
Facts
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Under sub-s.(3),the decision of the Collector under sub-s.(2) is rendered final subject to the result of a suit that is required to be instituted in a Civil Court within one year of the said
Statute
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The further plea taken in the written statement by the appellants was that as the question involved in the suit related to the possession of premises as between a landlord and his tenant,the Court of Small Causes,Bombay,alone had jurisdiction to try the suit
Argument
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We would proceed on the assumption that the State had not framed any recruitment rules in terms of the proviso appended to Art.309 of the Constitution of India but the same by itself would not clothe the Commissioner of Revenue to make recruitments in violation of the provisions contained in Arts.14 and 16 of the Constitution of India
Ratio of the decision
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The question, therefore, which arises for consideration is as to whether they could lay a valid claim for regularization of their services
Ratio of the decision
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Amar Singh and Others, (2003) 5 SCC 388 2003 Indlaw SC 331
Precedent
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2),the Controller shall not take into account any personal document or secret trial or secret use
Statute
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It is true, as contended, that in Column 22 of the inquest report which refers to the articles found near the dead body, there is no reference to the spent cartridges or the murder weapon but we find from a perusal of the site plan Exh
Ratio of the decision
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The learned Sessions Judge after consideration of the material on record acquitted the appellants of the charges under Sections 498-A and 306 read with Section 34 IPC but convicted them under Section 304-B IPC and imposed a sentence of 7 years RI thereunder
Ruling by Lower Court
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A person who is entitled to rely on a stipulation,existing for his benefit alone,in a contract or of a statutory provision may waive it,and allow the contract or transaction to proceed as though the stipulation or provision did not exist
Precedent
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The liabilities of Harshad Mehta, who was a sui generis, could have been recovered from the properties held and possessed by him or from the companies floated by him but not from the individual entities; at least two of whom being medical practitioners have their income from other sources
Argument
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This again does not specifically refer to the land which is being acquired
Ratio of the decision
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Ltd.,which was registered SSI Unit lying closed since 1.3.1993
Argument
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We may, at this juncture, notice the nature of the applications filed by the parties, herein before the learned Special Court: (i
Facts
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It may be noted that Nalban Fishery had been requisitioned by the State of West Bengal under the provisions of Requisition Act since 5.11.1969 and possession thereof had been taken on 8.11.1969 and the Sarkar family had challenged the said order unsuccessfully which final by the dismissal of the special leave petition by this Court on 17.11.1972.On 25.5.1979 the Collector 24 Parganas who had been appointed as Receiver realised that he could not have taken possession of Nalban Fishery as Receiver since the said fishery had already been in possession of the State of West Bengal pursuant to requisition order dated 5.11.1969.Obviously,the earlier compliance report dated 20.11.1978 that the Receiver has taken possession of the Nalban Fishery was a symbolic one inasmuch as the State of West
Facts
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One more fact needs to be mentioned that on 30.6.2000 the Registrar of Trade Marks appears to have issued Registration Certificate on 30.6.2000 registering the trade mark "Meghraj" in favour of the appellants with effect form 30.9.91.It appears that issuance of this certificate was mentioned before the CEGAT which rejected the Rectification Application on 8.12.2000
Ratio of the decision
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b) of S. 299 corresponds with cls
Precedent
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The State Government shall appoint a Commissioner of each division; and may appoint in a division an Additional Commissioner and so many Assistant Commissioners as may be expedient,to assist the Commissioner: Provided that,nothing in this section shall preclude the appointment of the same officer as Commissioner for two or more divisions
Statute
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Thereafter the Tribunal made an order on the same day in the following terms: "There can be no doubt that a flat increase of Rs.150/-to each of the employees in the category of Draftsmen and of Rs.100/-to each employee in the other categories has been granted under my award
Ruling by Lower Court
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If original of the said documents were not available,xeroxed copies thereof could have been made available to him
Ratio of the decision
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Explanation-In this section,the reference to the author shall in the case of a work of joint authorship,be construed as a reference to the author who dies last
Statute
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It is, therefore, the duty of every court to award proper sentence having regard to the nature of the offence and the manner in which it was executed or committed, etc
Precedent
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SC 530 1970 Indlaw SC 300 para 88 to mean: "By the use of the expression "for the time being" in Cl.(22) of Art.366
Precedent
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The learned State counsel has, however, supported the judgment of the courts below
Argument
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