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In M.C.Mehta v
Precedent
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In other words,there should be a reasonable,if not direct,nexus between her death and the dowryrelated cruelty or harassment inflicted on her
Precedent
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We may further notice that the learned Special Court relied upon a decision in Custodian v. Union of India and Ors
Ratio of the decision
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In Teri Oat Estates (P
Precedent
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The learned advocate for the appellant has reiterated the submissions made before the Trial Court and the High Court and contends that there is no order forfeiting the improvements as required under s. 9 of the Act, and if s. 9 does not apply and there is no right of forfeiture as contemplated under s. 9, then the appellant is entitled to compensation under the general law
Argument
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In absence of any specific directions contained in the schedule appended to the Standing Orders, the statute and the statutory rules applicable to the employees of the Respondent shall prevail
Ratio of the decision
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Against that order a Civil Miscellaneous Appeal No. 206 of 1110 M.E. (1934-35 A.D.) was filed in the High Court of Travancore
Facts
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Further, PW-9 has stated that during the CT scan, it was revealed that a large extra-dural haemotoma was present in the frontal region with mass effect and to avoid further deterioration of his condition, he was operated upon by frontal trephine craniopmy an haemotoma measuring about 125 ml was evacuated
Facts
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He is given the benefit of doubt and acquitted of all the charges against him
Ratio of the decision
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Justice Deepak Kumar Sen dated 6.10.1980 would operate as res judicata since the State did not challenge the same
Ratio of the decision
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Vijaya,Nala Damayanthi,Kanakaangti or Kanakangi Kalyana,Abhimanyu or Abhimanyu Vadha,Chitrangadha or Babruvahana Kalaga,Panchavati Chritha followed in the plaint
Ratio of the decision
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According to P.W. 8 Telu Ram, he acquired possession of the land of the length from RD 4500 to RD 1200 on 10th January 1963 and that tile possession of the acquired land was not delivered to him as it had not been acquired by that time
Ratio of the decision
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Another thing which the respondent No
Facts
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In proceeding to revise the wage structure the Tribunal took into account the two principles involved in the process,the financial capacity of the industry to bear the burden of an increased wage bill,and the prevailing wage structure on an industry-cum-region basis
Facts
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of the said Sri Issur Sridhar Jew Salagram Sila Thakur my said ,second wife Srimati Golap Moni Dasi, and 1st Sriman Rajendara Nath and 2nd, Sriman Jogendra Nath Ghose born of the womb of my first wife on living in the said house
Ratio of the decision
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This piece of evidence was put to the accused during his statement under Section 313 Cr
Ratio of the decision
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TAX LIABILITY
Ratio of the decision
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M/s
Argument
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The High Court has so held
Ratio of the decision
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The Order of the Court was as follows
Facts
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The parties have also filed several charts before us showing individual assets and liabilities
Ratio of the decision
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Shambhu Dayal
Precedent
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Before us a chart has been produced by the Appellants herein as regards Mrs. Deepika Mehta to show her liabilities payable as on 8th June, 1992 which are as under: "Chart showing comparison of payables as on 8th June, 1992
Ratio of the decision
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Moreover, the Government is competent to rescind from the promise even if there is no manifest public interest involved, provided no one is put in any adverse situation which cannot be rectified
Precedent
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Support was sought for the argument from the decision of this Court in Topandas case 1963 Indlaw SC 379 (supra
Argument
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Though,these grounds may be attractive in respect of other offences where minimum sentence is not prescribed,in view of our reasonings in the earlier paras,the same cannot be applied to the case on hand
Ratio of the decision
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Thus,the cruelty,harassment and demand of dowry should not be so ancient,whereafter,the couple and the family members have lived happily and that it would result in abuse of the said protection
Ratio of the decision
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It was submitted that the test identification parade were delayed and the identification of these accused by the witness in Court was not reliable
Argument
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A Division Bench of the High Court dismissed the appeal preferred by the Appellants but it allowed the respondent's appeal
Facts
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Even though right to property is no longer fundamental and was never a natural right,and is acquired on a concession by the State,it has to be accepted that without right to some property,other rights become illusory
Ratio of the decision
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We have already noticed that 'net worth' is defined to mean 'the share capital of a company plus free reserve, if any'. "Free reserve" itself is separately defined
Statute
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The VESCO had its own Board of Directors while the AECO had also its own separate Board of Directors
Facts
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However,the show cause notice denied the exemption on the ground that Notification No.140/83-CE did not make any distinction between a brand name owned by a person in India or abroad
Precedent
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The court would be required to analyse the evidence of related witnesses and those witnesses who are inimically disposed towards the accused
Precedent
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1 Tukaram, father of the deceased, has given details of the prosecution version of the incident in his statement in Court
Facts
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The said provisions were not complied with
Ratio of the decision
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Provided that where a woman dies during this period,the maternity benefit shall be payable only for the days up to and including the day of her death
Statute
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Ex
Ratio of the decision
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Collector,Pune dismissed the said appeals and confirmed the order of the Sub Divisional Officer,Maval
Facts
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Dated 18th April,1974
Facts
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He thus. abused his position as a public servant and caused pecuniary advantage to said Shri Moti Ram and Kewal Chand by giving them standing crops worth Rs
Facts
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Here also,S.25 of the Patents Act,1970 as amended by Patents (Amendment) Act,2005
Ratio of the decision
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Conclusion
Ratio of the decision
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It requires to be prevented and prohibited
Ratio of the decision
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19,000
Facts
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Bearing in mind the fact that the provisions in the "former part" of Chapter XIX are applicable to charges made with the aid of s. 239 only "so far as may be" it would not be right to construe s. 239 as being subject to the provisions of ss
Ratio of the decision
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No, it was created by the statute and canalised by the order of remand
Ratio of the decision
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Vaibhav Gaggar rather asserted that the first respondent is a person aggrieved in view of the fact that various suits for infringement have been filed by the appellant against the first respondent and on the date of the applications for rectification/removal of the subject registrations from the register,the suits were pending
Argument
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2)Whether it is valid and proper for not giving equal salary to these Sub Engineers like other Sub Engineers in accordance with the equal work
Ratio of the decision
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The aided institutions,it was noticed,like Government institutions discharge public function by way of imparting education to students
Precedent
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A daily wager in absence of a statutory provision in this behalf would not be entitled to regularization
Ratio of the decision
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HIGH COURT JUDGMENT
Ruling by Lower Court
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Conservators,Forest working in the forest department
Ratio of the decision
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SC 1642
Precedent
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We do not agree with the basic premise that price fixation primarily affects manufacturers and producers
Ratio of the decision
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We feel that it would be proper and expedient to constitute a fresh Arbitral Tribunal
Ruling by Present Court
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Apart from this contention, towards the end of his argument, the learned advocate for the appellant sought to make out a fresh case, namely, that as the appellant was not served with a notice to quit as required under s. 9 of the Act but was forcibly evicted without giving him an opportunity of cutting and taking away the trees etc
Argument
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Vimal Dave,counsel for the respondent,that if he agreed the original writ petition of the respondent could be dismissed without directing him to refund the amount which he had already been paid by the appellants in pursuance to the orders of the High Court and of this Court as during the pendency of the appeal
Facts
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S. 232 deals with the power of the. appellate court or the High Court when it discovers that there is material error in the charge
Statute
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1, 2, 8 and 18 as eye-witnesses to the occurrence
Ratio of the decision
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The enquiry contemplated by paragraph 3 of the Drug (Prices Control
Ratio of the decision
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The incident occurred in the courtyard and Shashi Didi was present in the passage
Facts
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That now there is no dispute between the plaintiff and defendant under the Trade Mark
Facts
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the learned Arbitral Tribunal overlooked this aspect of the matter
Ratio of the decision
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Sub-Rule (3) of Rule 21 of the Bombay Rules provides for serving of a Special notice of at least three clear days' upon the person interested in any plot or in any particular area comprised in the scheme,before the Town Planning Officer proceeds to deal in detail with the portion of the scheme relating thereto
Statute
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It would connect the registered proprietor and the user of the trade mark by the unregistered lincesee
Ratio of the decision
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Suffice it to observe that there is no direct evidence connecting the accused with the offences charged
Facts
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If the liabilities of the individual entities are not treated as that of the group, for one reason or the other, indisputably, liability of those who have nothing to do with the dealings of Harshad Mehta either in their individual capacities or as Directors of some company or otherwise must be dealt with separately
Ratio of the decision
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V.R.Rudani & Ors.,1989 (2) SCC 691 1989
Argument
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The High Court on consideration of these documents was of the view that these documents showed unequivocally that the tenancy was in favour of Shaik Hussain from 1935.After his death Mohd
Facts
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Out of the remaining witnesses mentioned above,PW-9
Facts
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Again, as already stated, s. 234(1) does not override the provisions of s. 235(1) which permits trial of a person for more offences than one committed during any period provided they are so connected together as to form one transaction
Statute
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The saree was removed,she was taken to the hospital where she was reported to have 'brought dead'.The statement of this witness i.e.LW-1 is corroborated by LW-3 and LW-7
Ratio of the decision
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The appellant claimed to be the tenant in respect of the two premises which are quite adjacent to each other,one of which is involved in this appeal
Facts
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The enactment as its preamble will show,has been put on the Statute Book with a view to abolishing Jagirs of various kinds in the merged territories and merged areas in the State of Bombay and to provide for matters consequential and incidental thereto
Ratio of the decision
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He deposed before the Court that Shashi Didi (accused) brought him to village -Jevra from Bilaspur
Facts
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5.Right to payment of maternity
Statute
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cm x = cm; (10) incised wound on forearm left hand radial side dorsal aspect on lower 2/3rd region; (11) incised wound on left forearm middle l/3rd region,radial side and posterior aspect of size 2
Facts
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If the assailant had no such knowledge about the disease or special frailty of the victim, nor an intention to cause death or bodily injury sufficient in the ordinary course of nature to cause death, the offence will not be murder, even if the injury which caused the death, was intentionally given
Precedent
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Private Ltd.immediately below the mark "Monarch" and that the respondent company's name was printed below it as sole distributors
Argument
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Regulations have been framed on 31st October,1994 by the AICTE in exercise of powers conferred on it by s.23(1) of the AICTE Act
Statute
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In the circumstances the order of 22nd December,1978 is invalid so far as it amends paragraph 23 of the original award
Ratio of the decision
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8.Is
Facts
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Besides that he has already undergone some period in custody
Ruling by Lower Court
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But it should remove from its mind the misconception that the Additional Sessions judge has not believed him
Ratio of the decision
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Upon this understanding he accepted the position offered to him
Facts
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Therefore, I could not see what had happened to Mukhtiar Kaur as she was in other room
Facts
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It was,however,urged
Argument
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Under that clause sanction has to be given to a prosecution for the contravention of any of the provision of the Order
Precedent
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4) incised wound on lower costal region left of size
Facts
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113-B lays down that: "For the purpose of this section,'dowry death' shall have the same meaning as in Section 304-B of Indian Penal Code
Precedent
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It is against the abovesaid judgment of the Division Bench that this appeal has been preferred
Facts
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The main valid objection to the said inquiry is that the condition precedent the existence of which canlead to the initiation of such inquiry is absent here
Ratio of the decision
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The Tribunal has relied on this statement as evidence showing that the appellant knew that a flat increase of Rs.150/-and Rs.100/-was intended to each of the employees in the category of Draughtsmen and the other categories
Facts
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M.U." means make-up referred to in para
Statute
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Chief Election Commissioner,Delhi and Ors.[AIR 1978 SC 851 1977 Indlaw SC 53
Ruling by Lower Court
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However, having regard to the facts and circumstances of the said case, some directions were issued presumably in terms of Art
Precedent
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As we have pointed out earlier the respondent No
Ratio of the decision
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Therefore,there is no occasion for the High Court to go into the issue of extent of constructions being raised by the answering respondent
Argument
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reads as follows : "Nothing in this Act shall apply to the employees in an undertaking to whom the Fundamental and Supplementary Rules, Civil Services (Classification, Control and Appeal) Rules, Civil Services (Temporary Service) Rules, Revised Leave Rules, Civil Service Regulations or any other rules or regulations that may be notified in this behalf by the State Government in the official Gazette apply
Statute
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