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The deceased was carrying fetus of two months
Facts
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net-worth' means the share capital of a company plus free reserve, if any
Statute
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The decision in Sarwan Singh v. The State of Punjab ([1957] B. C. R. 953.), on which reliance has been placed by the High Court has been explained by this Court in the case of Maj
Ratio of the decision
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The plea of the remaining accused in their statements under Section 313 Cr
Argument
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Even so,if the viewer after seeing the film gets a totality of impression that the film is by and large a copy of the original play,violation of the copyright may be said to be proved
Precedent
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The legislative character of the activity is not shed and an administrative or quasi-judicial character acquired merely because guidelines prescribed by the statutory order have to be taken into account
Ratio of the decision
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The University was also one of the agencies consulted by the council of the AICTE under Regulation 8.Once that was over,and approval was granted by the AICTE,if there was any default on the part of the College in compliance with the conditions of approval,the only remedy for the Univer-sity was to bring those facts to the notice of the AICTE so that the latter could take appropriate action
Ratio of the decision
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He was merely seen by the witness as standing outside the house when the witness came home
Ratio of the decision
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On the basis of the pleadings of the parties,the Arbitral Tribunal framed as many as eight issues
Facts
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It would also follow that she would completely represent the estate, and under certain circumstances the statute of limitations might run against the heirs to the estate, whoever they might be
Precedent
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Indisputably a decision was taken on March 1,1975 to increase the quota to 50 per cent but no amendment to the statutory rules to give effect to it was made
Ratio of the decision
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The prosecution for offence under S. 5(1)(d) therefore is not barred because the proceedings are not without previous sanction which was validly given for the offence of receiving a bribe from Pal Singh, but the offence of habitually receiving illegal gratification could not be taken cognizance of and the prosecution and trial for that offence was void for want-of sanction which is a condition precedent for the Courts taking cognizance of the offence alleged to be committed and therefore the High Court has rightly set aside the conviction for that offence
Precedent
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Vaibhav Gaggar,learned counsel for the first respondent strenuously urged that the plea of 'aggrieved person' is a new plea and raised substantially for the first time before this Court
Argument
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Considering the concurrent orders of the appellate authority and the land tribunal and the impugned order of the High Court,we are in agreement with the High Court because the view taken by it was plausible and therefore,the question of interference by us u/art.136 of the Constitution is not warranted
Ratio of the decision
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By that letter respondent stated that he was waiting for the decision of his representation made for reconsideration of his transfer from Surat to Ukai and therefore,the question of his remaining on unauthorised leave was misconceived
Ratio of the decision
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On the other hand,an objection is raised in the written submissions on behalf of the first respondent and reference was made in support of the objection to seven Judge Bench decision of this Court in L.Chandrakumar v
Argument
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In the instant case on the conclusion of the oral hearing we had expressed our opinion on 28.1.1988 in the open court,that we were inclined to allow the appeal and set aside the order of the High Court and dismiss the writ petition but taking a sympathetic view we requested Sh
Ratio of the decision
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On appeal,the Division Bench in Appeal No.13/91 confirmed the same holding that on and from October 25,1980,the respondent had allowed and permitted the appellant to manufacture bicycles etc.according its specifications and to pass off the goods under their trade marks
Facts
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The right here given to rate payers or others is in the nature of a concession which is not to detract from the character of the activity as legislative and not quasijudicial
Ratio of the decision
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The financial capacity,as the Tribunal observed,constituted one of "the principles which are required to be followed in the fixation of the wage structure
Ratio of the decision
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But,in the context of s.10(K) regarding 'approval' for starting a technical institution,certain aspects of the judgment need to be highlighted
Ratio of the decision
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art.226.Such was the view taken by the Allahabad High Court in Aidal Singh v
Precedent
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P.C." means packing charges worked out in accordance with such norms as may be specified by the Government from time to time by notification in the official Gazette in this behalf
Statute
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The appointments of the Appellants were, therefore, void ab initio being opposed to public policy as also violative of Arts
Ratio of the decision
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A trade mark which is not used within five years of its registration,becomes liable for removal either completely or in respect of those goods or services for which the mark has not been used
Ratio of the decision
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The purchasers have also filed applications for their impleadment in these appeals
Ratio of the decision
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Then turning to the label as it stood at the date of the application,two names appeared on the label,one of Kipre and Co.and the other of the respondent company
Ratio of the decision
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Ltd.to use its trade mark for the manufacture of wafers alone
Facts
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Linking of bonus to dividend would obviously create difficulties
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It was also alleged that after the deceased Rauji fell down on the ground, Accused No. 3 kicked him
Facts
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1,the learned single Judge,Vaidya,J.held,inter alia,as follows: "Whether the petitioner (Abdul Khader) is a protected tenant or whether he has any prima facie interest in the suit property are matters entirely within the sole jurisdiction of the arbitrator who has to be appointed under S.8 of the 'Central Act
Facts
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See Law Lexicon, P. Ramnath Iyer, Second Edition, P.87
Ratio of the decision
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That being so,the mere fact that the writ petition was styled u/art.227 of the Constitution is of no consequence
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High Court of Kerala [(2004) 6 SCC 311 2004 Indlaw SC 340],it was stated: "Principles of natural justice,however,cannot be stretched too far
Precedent
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in diameter on the appellant's pant and of a dried stain of semen on his under-pant, were circumstances for too feeble to establish that the appellant raped or murdered the victim
Argument
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Where an application for a patent has been published but a patent has not been granted,any person may,in writing,represent by way of opposition to the Controller against the grant of patent on the ground- (a) that the applicant for the patent or the person under or through whom he claims,wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim (i) in any specification filed in pursuance of an application for a patent made in India on or after the 1st day of January,1912; or (ii) in India or elsewhere,in any other document: (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the applicant's claim and filed in pursuance of an application for a patent in India,being a claim of which the priority date is earlier than that of the applicant's claim
Statute
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He agreed and was elected Managing Director of AECO in the middle of 1948
Facts
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In the Shorter Oxford English Dictionary (Third Edition),the word "week" has been described as meaning "the cycle of seven days,recognized in the calendar of the Jews and thence adopted in the calendars of Christian Mohammedan and various other peoples
Ratio of the decision
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Such statements shall contain as full a particulars as possible
Facts
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It has also been submitted that in a case of attempted suicide a firearm must of necessity be used from a very close range and the absence of any blackening, charring or burning around the wound on Ujjagar Singh clearly ruled out the possibility of such an attempt
Argument
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It confers an exclusive right of use of the trade mark in relation to the goods in which the trade mark is registered
Ratio of the decision
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A Chartered Accountants' Firm was appointed by the learned Special Judge by an order dated 17.September.2003 to represent all notified entities in the family of late Harshad Mehta for the purpose of ascertaining their tax liabilities
Facts
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Near the Jagdamba Hotel it was Bajrang PW-14 who received the injuries at the hands of the accused
Facts
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The criminal reference and the criminal appeal were heard by a division bench of Rajasthan High Court
Facts
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Party No.1.Under the Agreement
Facts
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There is no power vested in the State under any State Law to grant approval and even if it was so vested,it would have been void in view of Tamil Nadu case
Ratio of the decision
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It must be remembered that the boy comes from a rural back ground and was 13 years of age when the incident occurred
Ratio of the decision
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The question arises as to whether in such a situation an auction purchaser can claim interest on equitable ground
Ratio of the decision
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Even assuming that the High Court was not justified in setting aside the concurrent findings of fact in the exercise of its revisional jurisdiction under Section 121A of the Act,then also,we are of the view that it is not a fit case where this Court should interfere with the impugned judgment of the High Court in the exercise of our power u/art.136 of the Constitution
Ratio of the decision
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We have already reproduced Section 4 of the POB Act
Statute
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Application being 4 of 2001 was filed by the Custodian praying for the sale of commercial premises
Facts
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One daughter of the daughter predeceased the testator without issue and the other daughter died after the death of the testator leaving an only son, the respondent in that case
Precedent
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The said order is not an 'offer of appointment' by any sense of term
Ratio of the decision
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Act,2005,the then existing S.25 was substituted
Statute
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For example, if the Legislature has decreed the pricing policy and prescribed the factors which should guide the determination of the price, we will, if necessary, enquire into the question whether the policy and the factors are present to the mind of the authorities specifying the price
Ratio of the decision
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4.Directing the Defendants to pay future interest on Rs.15,000/-at 15% p.a.till payment of the entire amount
Facts
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The impugned notifications u/ss.4 and 6 of the Act in so far as they relate to the appellants' land are quashed
Ruling by Present Court
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The suit ultimately no doubt was disposed of on the basis of a compromise arrived at between the parties but the court took sufficient care in disposing of the appeals on the terms of compromise by observing that the State has substantial interest with regard to fisheries rights covered by the litigation and nothing in the decree will not affect the rights of the State of West
Statute
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Scheme introduced by the Government of India with an object of encouraging exports
Facts
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Further,section 85 of the BT & AL Act to which also we have already adverted,in unequivocal terms says that in deciding any issue which is required to be decided by the Mamlatdar under the BT & AL Act no Civil Court has jurisdiction to decide it
Ratio of the decision
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In view of the factual position recorded by the High Court that at the point of time the appellants' units were set up and the commercial production started there was no assurance or promise
Ratio of the decision
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It is made clear that any violation of the directions given herein by the petitioners shall entail serious consequences inasmuch as the above orders are made based upon their representations and even before a counter-affidavit has been filed by the respective respondents in view of the urgency expressed by them
Facts
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Dr
Argument
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1)Whether non-regularisation of the Sub-Engineers (as per the listed enclosed) is valid and proper
Ratio of the decision
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The Court of Small Causes considered these principles,evaluated the evidence and held that there was in fact and in law a partnership
Ratio of the decision
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The High Court observed that the petitioners had no knowledge of the Doordarshan scheme regarding the sponsored programme and linking of 2 minutes advertisement and agreed with the findings of the trial court that it is improbable for the respondents to have agreed to reduce its income in the form of commission and undertake the responsible job of production of the serial
Ruling by Lower Court
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The NRIS,if any admitted to an extent not exceeding 5% of the total seats shall be out of the payment seats to be filled under After completing the admissions each of the colleges,shall submit to the competent authority,to the University to which it is affiliated and to the Government concerned statements containing full particulars of the students admitted under cl.(ii) of para (2) of this order
Facts
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It must,however,be observed that whether a use is for bona fide purpose would essentially be a question of fact
Ratio of the decision
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In support of the appeals the primary stands raised by the appellants are
Facts
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He ate his food there and studied in a school
Facts
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However,further inquiry as directed by the SDO was to be conducted
Facts
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The third partnership which is dated 22nd of September,1961 also indicates as parties of sixth part the name of the appellant
Ratio of the decision
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The pieces of circumstantial evidence which have been found proved and held as forging an incriminating chain against the accused are as under :- (i) last seen together; (ii) abnormal conduct of the accused; (iii) recovery of underwear and baniyan (which was found to be stained with semen and blood group 'B' which is also the blood-group of the deceased); (iv) False plea of alibi; and (v) Accused absconding since the date of offence
Facts
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It was,therefore,found that there was no copy right attached to any idea,but copy right is attached to the work and what is important is that not only the idea of producing the suit serial on TV came to the mind of respondent No.2 but he had already started working on it in advance and forwarded it to Doordarshan for its approval
Ratio of the decision
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thereof are as under
Ratio of the decision
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On the 22nd November, 1951, the idol applied to the High Court for leave to file cross-objections against that part of the judgment and decree of the High Court,which dismissed its claims with regard to the premises No.40/2-A Grey Street
Facts
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In these appeals,on a reference made on the question whether certain persons employed in the canteen should be treated as employees of the appellant and,if so,in what category they are to be fitted in and to what wages they are entitled to,the Industrial Tribunal,Hyderabad,[hereinafter referred to as the Tribunal] inquired into the matter
Ratio of the decision
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He next submitted that there was no evidence on record as to when the FIR reached the Magistrate and that none of the courts below considered the said aspect
Argument
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I have also placed on record her invaluable services to me in my Memoirs,"Hunchu Mansina Hathu Mukhagalu" 1991 Edition
Facts
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The fact that the High Court would have taken a different view is wholly irrelevant
Ratio of the decision
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But the learned advocate for the appellant submits that it was not his case nor is it under the general law necessary for a person who trespassed on the land to trespass with a claim of bona fide title
Argument
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As seen from the above observations this Court has held that it did not think that the section concerned says or intends to say that the plea of the defendant will determine or change the forum
Ruling by Present Court
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According to Chief Justice Burger, "Rulemaking is normally directed toward the formulation of requirements having a general application to all members of a broadly identifiable class
Ratio of the decision
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Suffice it to say that Chapter IV of the Act deals with control of development and use of land included in the development plans
Ratio of the decision
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d
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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It is clear from the counter-affidavit filed by the State that the posts are both permanent and temporary
Ratio of the decision
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In the present case as we have pointed out earlier,when no surrender of possession of the suit properties had taken place before the coming into existence of mortgages in favour of the lessor -mortgagor,when no redelivery of possession had been given pursuant to the mortgage to the-tenant,the decision under consideration can be of no assistance to the appellant
Ratio of the decision
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Application No. 41 of 1999 seeking permission of the Special Court for sale of residential premises commonly known as Madhuli of eight notified entities
Facts
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Mr. Mahesh Jethmalani, learned senior counsel appearing on behalf of the Appellants in assailing the said judgment of the learned Special Court inter alia raised the following contentions: (i
Argument
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P.C. which was recorded on the very next day of the death of Bhimabai, this witness did not state that the cause for ill-treatment was "a demand for money and a consequent beating
Ratio of the decision
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State of Rajasthan (AIR 2004 SC 2665 2004 Indlaw SC 79
Ratio of the decision
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the 1958 Act').In O.P.No.764 of 2001,the first respondent prayed for the removal/rectification of the entry in the register of trade mark in respect of trade mark No.475269 in Class 16 while in the other two applications being O.P.No.765 of 2001 and O.P.No.766 of 2001,the first respondent prayed for removal/rectification of trade mark No.475267 in Class 9 and trade mark No.484837 in Class 7 respectively
Facts
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The High Court,in our view,declined,for good reasons,to rectify the trade mark under Section Act b) of the Act
Ratio of the decision
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The learned Judge also felt that the Tribunal had erred in totally excluding from its consideration cls.23 and 4.1 of the charter party dated 6th May,1997,whereunder the charter party was to come to an end on re-delivery of the vessel
Facts
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Karanth was appointed as the President of the Executive Committee of Yakshagana Kendra for a period of three years by the appellant and while holding the said post only he expired
Facts
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Cal 54 1932 Indlaw CAL 59
Precedent
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The High Court also examined the scope of S.17 of the Copyright Act and the ingredients thereof not having been established the High Court held that no claim could be based on the same and thus agreed with the findings recorded by the trial court and dismissed the appeal
Facts
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For one reason or the other,the said order attained finality
Ratio of the decision
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In respect of this allegation the First Information Report (Ex. P. 29) was issued on 14-1-64 in which the following statement is relevant
Facts
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