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But the said observation of the learned Single Judge did not necessarily mean that the learned Judge was not inclined to interfere u/art.227 of the Constitution of India only
Precedent
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Further, 64 documents were missing from the records when they came to the High Court and that this has caused serious prejudice to the respondent
Argument
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The courts are meant to enforce the rule of law and not to pass the orders or directions which are contrary to what has been injected by law.(Vide State of Punjab v
Precedent
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We are unable to agree with the submissions of the learned counsel for the respondents either with regard to the applicability of the principles of natural justice or with regard to the nature and the scope of the enquiry and review contemplated by paragraphs 3 and 27 while making our preliminary observations, we pointed out that price fixation is essentially a legislative activity though in rare circumstances, as in the case of a compulsory sale to the Government or its nominee, it may assume the character 'of an administrative or quasijudicial activity
Ratio of the decision
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A report in relation to overseas inquiry was received on 12.5.2004.On 25.6.2004 proposal of detention was sent which was approved on 2.12.2004.On
Facts
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any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6
Statute
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Also there were four Engineering Colleges at Kannur,Trichur,Kottayam and Thiruvananthapuram Districts and three Private (Aided) Engineering Colleges at Palakkad,Ernakulam (Kothamangalam) and Kollam Districts
Argument
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3) Verticle incised wound 5 x 1 x 1 cms.,bone deep at centre of vertex,fracture of skull with laceration of brain
Ratio of the decision
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I never harassed Mukhtiar Kaur nor ever got her land mutated from her mother by fraud
Facts
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It noted that dearness allowance was being granted by the appellant at 10% of the salary subject to a minimum of Rs.50/-and house rent allowance at 30% of the basic salary
Facts
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But even thereafter,the respondent did not join his duties
Facts
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P.3 would show that there was a crop of Sargon (Mustard) Gram and Lusan, at any rate on 20th March 63 at a time when the land has been shown therein to have been in possession of the Military authorities
Ratio of the decision
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There is nothing in the Code to suggest that if these revisional powers are exercised by a Revenue officer who has jurisdiction,it cannot be further exercised by a superior Revenue officer or by the State Government
Ratio of the decision
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week",we think that in the context of sub-ss.(1) and (3) of s.5 of the Act,the term has to be taken to signify a cycle of seven days including Sundays
Ratio of the decision
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There must be real trade connection between the proprietor of the trade and licensee of the goods and the intention to use the trade mark must exist at the date of the application for registration of trade mark and such intention must be genuine and bona fide and continue to subsist in order to disprove the charge of trafficking in trade mark
Ratio of the decision
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Under the will there dealt with, the widow S, was to enjoy the properties and after her lifetime the properties were to be taken in the ratio of three to five by the son's daughter and the daughter's son respectively
Precedent
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The defendants pleaded that the plaintiff had no title to maintain the suit, that the widow was entitled under the will to an absolute estate or at least to an estate analogous to and not less than a widow's estate, that the estate given to Ramalakshmi under the will was but a contingent one and she having predeceased the widow, no interest in the suit properties devolved on the plaintiff
Facts
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In De Smith,Woolf and Jowells Judicial Review of Administrative Action,5th Edn.,it is noticed that not all the Activities of the private bodies are subject to private law,e.g.,the Activities by private bodies may be governed by the standards of public law when its decisions are subject to duties conferred by statute or when,by virtue of the function it is performing or possibly its dominant position in the market,it is under an implied duty to act in the public interest
Ratio of the decision
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a violation of copyright amounts to an act of piracy it must be proved by clear and cogent evidence after applying the various tests laid down by the case-law discussed above
Precedent
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T.Nagappa [AIR 1954 SC 440 1954 Indlaw SC 39] and Rupa Ashok Hurra v
Precedent
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According to Mr. Bhimasankaram, the pardon tendered to the approver was illegal and if the pardon is illegal his evidence is wholly inadmissible
Ratio of the decision
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A number of averments germane to this case as set out in the plaint are set out hereunder
Facts
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Anand Prakash Mishra (1997) 10 SCC 264 1996 Indlaw SC 2036 and Karnataka SRTC v
Precedent
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G.Ramaswamy,the learned Senior Counsel appearing for the State Fishery Development Corporation Ltd.contended that a compromise decree between the parties in a suit for partition will not in army way affect the rights of the State in respect of the fisheries whether such rights the State acquires by virtue of an order of requisition under the Requisition Act or by virtue of any other statutory provisions under which the fisheries right vest in the State
Argument
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It was submitted that there were errors in totalling, errors in the calculation of prices of utilities, errors in the calculation of net-worth and many other similar errors
Argument
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The High Court took a different view and held that Chunderbutti took the estate in her character as a Hindu widow
Precedent
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In D.K. Chandra's Case 1951 Indlaw MUM 117, F. B) it was held that the provisions of ss
Ratio of the decision
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2500 during the aforesaid period as the value of the crops cut from the land acquired for the extension of Air Field
Facts
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One is that all the writ petitions were disposed of by a common judgment and an appeal had been filed in the principal case
Ratio of the decision
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The main question centres around the right of Abdul Khader,respondent No.1 herein to the compensation awarded by the arbitrator,it is therefore,necessary to refer to the relevant portion of the said order which inter alia,stated as follows: "By perusal of the Tenancy Register of 1958 it is evident that Sri Mohd
Facts
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Lucknow and others
Ratio of the decision
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He urged that the Government had always been ready and wilting to give a proper hearing to the parties and in fact gave them a heating in connection with their review applications
Argument
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Sirsa, which crops had been entrusted to him as a public servant and he instead of depositing the said sale price into the Govt
Facts
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The duty must be judged in the light of positive obligation owed by the person or authority to the affected party,no matter by what means the duty is imposed
Facts
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That could not be characterised as requiring the "approval' of the State Government
Ratio of the decision
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These omissions it is submitted by the learned advocate has prejudiced the accused
Argument
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Section 6 of the said Act reiterates that in determining whether a group of persons is or is not a firm,or whether a person is or is not a partner in a firm,regard shall be had to the real relation between the parties,as shown by all relevant facts taken together
Ratio of the decision
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There is nothing in her statement to suggest that what she is narrating in the court is the story of a day soon before the date and time of the incident or the date on which dead body of S was found
Ratio of the decision
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x 1 = cm
Facts
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This was done in the presence of LW-10 and LW-11,Shaik Ibrahim and Mohd
Facts
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Indlaw SC 2264 ,Unnikrishnan,J.P.v
Facts
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Grey Street after making the due provision for the idol as they purported to do by the terms of settlement, dated the 24th November, 1910
Argument
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The expression 'Forest Officer', used here, has been explained in s. 26
Statute
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All actions of the State must conform to the Constitutional requirements
Ratio of the decision
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Although in relation to a body corporate incorporated and registered under the Indian Companies Act, the doctrine of lifting the corporate veil would be applicable, but the same cannot be applied in case of individuals
Argument
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As stated earlier,the above provisions of the AICTE Act,came up for consideration in State of Tamil Nadu v
Precedent
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While we see no reason to differ with the concurrent findings recorded by the trial court and the High Court,we do see some substance in the argument raised on behalf of the appellants that keeping in view the prosecution evidence,the attendant circumstances,the age of the accused and the fact that they have already being in jail for a considerable period,the Court may take lenient view as far as the quantum of sentence is concerned
Ratio of the decision
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In Padala Veera Reddy v
Precedent
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Its uniqueness lies in the fact that it covers the entire span of time; present, past and future
Precedent
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It is only a clerical mistake or error which can be corrected,and the clerical mistake or error must arise from an accidental slip or omission in the award
Ratio of the decision
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There are clueless crimes committed
Ratio of the decision
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Instead he made a representation to the Additional Chief Engineer on 8.4.1974 after the transfer order
Facts
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19,000 filed by the idol against the appellants
Ruling by Lower Court
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In view of enactment of Displaced Persons (Compensation and Rehabilitation) Act,1954 by the Union of India,the immovable properties left behind by Muslims who had migrated to Pakistan were acquired and the same was distributed to displaced persons as a "compensation pool".Accordingly,father of the appellant was allotted a land admeasuring 2 acres 5 gunthas bearing Revenue Survey Nos.351 and 118/2 situated at Village Lonavala,Taluka Maval,District Pune
Argument
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Bengal and therefore,it would not be open for the said State in application for execution of the decree to raise the question of vesting of the Nalban Fishery with the State and the Court would not interfere with the direction given by the learned single Judge and Division Bench of the Calcutta High Court
Argument
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Co
Precedent
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The learned counsel for the respondent followed the line adopted by Mr. Krishnaswami Iyengar
Argument
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The unmarked property if any shall be destroyed after expiry of appeal time
Facts
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It is clear that s.102 of the Andhra Pradesh Act mentions that after acquisition the Act was not to apply in respect of certain land
Ratio of the decision
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The evidence of PW10,PW-11 and PW-12 has received ample corroboration from the testimony of PW-9,PW-13,PW-14 and PW-15,who deposed that while the witnesses were narrating the incident of the video parlour to Waman Band Patte PW-15 and other witnesses present there the accused party arrived in a Jeep and two auto-rickshaws variously armed and opened an attack on the complainant party with a view to teach them a lesson for the altercation which had taken place earlier at the video parlour
Facts
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This would lead to unnecessary multiplicity of trials involving avoidable inconvenience to the witnesses and avoidable expenditure of public time and money
Ratio of the decision
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The High Court,however,directed: "(iii
Ruling by Lower Court
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SC 9981993 Indlaw SC 1085
Ratio of the decision
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Grey Street to the idol as its permanent habitation with only the right given to the sevayats to reside in the said premises for the purposes of carrying on the daily and periodical seva and the festivals, etc
Ratio of the decision
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Baloba (A-1) died during the pendency of the trial and therefore,the proceedings against him abated
Argument
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4.That after my retirement,some of the writ petitioners civil Rule No.568 of 1998,came to me and show copy of the writ petition and the counter affidavit of the respondent No.1,2 and 3.I have gone through the copy of the writ petition and the counter-affidavit and annexures thereto
Facts
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She submitted that the High Court rightly interfered with the order of acquittal passed by the trial court after critically examining the evidence on record
Argument
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These three appeals by special leave are directed against the order dated September 9,2004 passed by Intellectual Property Appellate Board (for short,'IPAB') whereby it ordered the removal of appellant's mark 'Infosys' from the register of trade marks in respect of computer stationery,computer manuals,printed matter for computer,instructional and teaching materials,computer hardware and peripherals and machine and machine tools
Facts
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Kay Aar Biscuits (P) Ltd.,has filed his Affidavit enclosing the registration certificate,he has nowhere stated that M/s
Ratio of the decision
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But, the said observation was held to be not laying down a law by a 3-Judge Bench of this Court in L.S. Synthetics Ltd. v. Fairgrowth Financial Services Ltd. and Another [(2004) 11 SCC 456] 2004 Indlaw SC 715 holding: "(i
Precedent
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b
Statute
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Karanth permeated the entire Yakshagana Prasangas and thus a new look was given to the Yakshagana Ballets
Ruling by Lower Court
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In the meantime,the District Collector by its notice dated 22nd August,2005,directed the Company to refund certain amount
Facts
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In the case of bulk drugs, which were not included in the schedule, a manufacturer was entitled to continue to market the product at the same price at which he was marketing the products at the time of the commencement of the order
Ratio of the decision
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14 and 16 of the Constitution of India
Ratio of the decision
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In our opinion the Designated Court fell in error in holding that an offence under Section 3 of TADA had been committed by the accused-appellants in the established facts and circumstances of this case
Ratio of the decision
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It was held that the word "Meghraj" was printed on all the printed wrappers and,therefore,it was wrong to say that the appellants were not using the brand name "Meghraj" on its products
Facts
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It appears that Mukhtiar Kaur's relations with her in-laws had got strained and she had left her matrimonial home and come to live with Ujjagar Singh, her uncle, 7 or 8 months earlier and the suggestion was that Mukhtiar Kaur had been killed by the appellant with his licensed gun and he had thereafter attempted to commit suicide
Facts
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In construing a special statute providing for limitation, consideration of plea of hardship is irrelevant
Precedent
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Co Pvt Limited and Anr
Precedent
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The respondents entered into an agreement with Sudhir Kumar Sen on November 3,1948 to render technical know-how to the Indian Company to be formed which would manufacture bicycles and market them under Raleigh's Indian Trade marks
Facts
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On perusal of the material on record we are of the opinion that the view taken by the High Court is not sustainable as there is sufficient material on record which shows that warning had been issued to the respondent before the order of discharge was issued
Ratio of the decision
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In the present case,as has already been pointed out by us,the plaintiff-appellant did not claim that the defendants or any of them were in possession of the suit properties as tenants and there was a surrender by them of the possession either expressly or impliedly as would make the Court to come to the conclusion that the possession of the suit properties with the defendants was surrendered by them pursuant to the mortgage by conditional sale executed in their favour
Ratio of the decision
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this Court dismissed the special leave petition
Facts
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This line of reasoning which appealed to the learned judges is not of much he]-) to us here as the language hi this will is quite different
Ratio of the decision
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A special statute providing for special or no period of limitation must receive a liberal and broader construction and not a rigid or a narrow one
Precedent
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The non-user does not by itself render the entry incorrect but it gives a right to a person whose interest is affected to apply for its removal
Ratio of the decision
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The possession of the appellants in respect of their land cannot be interfered with except in accordance with law
Ruling by Present Court
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But when all is said and done what we are concerned to see is whether the accused had a fair trial,whether he knew what he was being tried for,whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given a full and fair chance to defend himself
Ruling by Lower Court
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133(1) of theConstitution was granted on the 4th June, 1951, and the High Court admitted the appeal finally on the 6th August, 1951
Facts
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S. 26(2
Statute
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This Court,after holding that the conclusion of the trial Court and High Court does not suffer from any infirmity considered the alternative submission which related to harshness of sentence
Ratio of the decision
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Tulsi Dass (AIR 1959 Punj 291 1958 Indlaw PNH 109) and Barham Dutt v
Precedent
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Assuming,however,that it was obligatory for the State to issue notice to the appellant,the question is whether the principle of waiver precludes him from claiming equitable relief in this case due to his earlier conduct which allowed the entire process of acquisition and allotment to become final
Ratio of the decision
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Order induces us to hold that price fixation under the Drugs (prices Control
Ratio of the decision
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The present appeal arises out of the judgment and order dated 01.07.2002 passed by the High Court of Bombay at Goa in Criminal Appeal No. 6 of 2000 convicting the accused-appellant u/s
Facts
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Moreover,it was for the respondents who had filed the writ petitions to prove existence of legal right in their favour
Ratio of the decision
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I fell down on the ground and became unconscious
Facts
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No further action is required to be taken
Facts
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all my properties shall after my death be in possession of my wife herself and she herself should be heir to everything and Mutha Arunachala Chetty (nephew) and my wife, should live together amicably as of one family
Precedent
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