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He lived in the house of Shashi Didi
Facts
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Pure Industrial Coke and Chemicals
Precedent
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S.N.Bhat,learned counsel appearing on behalf of the respondents
Ratio of the decision
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The aforesaid decision squarely gets attracted on the facts of the present case
Ratio of the decision
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Act,2005 as the amended Ss.116 and 117A were brought into force only vide Notification dated 2.4.07.One more point needs to be noted
Ratio of the decision
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Once these three elements are proved to be present, the enquiry proceeds further, and fourthly, it must be proved that the injury of the type just described made up of the three elements set out above was sufficient to cause death in the ordinary course of nature
Precedent
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i.e.1993,with the direction that the basis of the said selection would be as indicated in order dated May 14,19934 on the basis of merit leaving to the management of the college T.M.A.Pai Foundation v
Facts
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Aggrieved by the decision of the Adjudicating Authority,the assessee preferred appeals to the Commissioner (A).The said appeals were rejected on the ground that the appellants were using the brand name "Meghraj" of another manufacturer M/s
Facts
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They served a Charter of Demands in July,1974,on the appellant,and as their demands were not accepted and conciliation proceedings proved fruitless,the State Government made a reference of the dispute under s.10(1) (d),Industrial Tribunal,Maharashtra for adjudication
Facts
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No doubt the question of affiliation was a different matter and was not covered by the Central Act but in the Tamil Nadu case,it was held that the University could not impose any conditions inconsistent with the AICTE Act or its Regulation or the conditions imposed by the AICTE.Therefore,the procedure for obtaining the affiliation and any conditions which could be imposed by the University,could not be inconsistent with the provisions of the Central Act
Ratio of the decision
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b) says that persons accused of an offence and persons accused of abetment, or, of an attempt to commit such offence may also be charged and tried together
Statute
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Since the entire,expenditure of the colleges is borne by the State -the entire fees collected are also made over to the State -these colleges must be required to draw the students even with respect to the seats to be filled by the management from out of the State merit list,if any
Ratio of the decision
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3 of the will is an absolute dedication of the premises
Ratio of the decision
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During the pendency of the said case,the Chairman,Board of Revenue,by order dated 3rd August,1996 directed that out of the total amount of Rs.4.33 crores received as compensation from Meerut Development Authority,after deduction of a sum of Rs.1.62 crores along with interest and collection charges the balance amount shall be refunded to the Company
Facts
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Perused the averments made in the suit and application which are duly supported by documents on record
Facts
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The Contempt Petition Nos.65,100 and 126 of 1992 arise out of the judgment of this Court in Keshav Chandra Joshi v
Ratio of the decision
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No second flat increase was envisaged at all
Ratio of the decision
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However,on that date appeal against pre-grant opposition order was maintainable,under Section 116,to the High Court and,therefore,there is no merit in the argument advanced on behalf of the appellant that the first appeal filed by respondent no.3 was misconceived; that,it is true that S.25 got restructured w.e.f.1.1.2005,however,such restructuring did not obliterate the first appeal filed by respondent no.3 on 19.10.2006
Ratio of the decision
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The Commissioner allegedly made certain appointments in the posts of Mandols,Process-Servers and Zilladars which was not within the knowledge of the State
Facts
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Merely because the deceased and the two injured witnesses belong to Wadar community,no inference could be drawn that the attack by the appellants on them was intended to strike terror in a section of the society,namely,the Wadar community
Ratio of the decision
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A perusal of the sanction would show that the sanctioning authority had applied their mind to only one instance but the prosecution were seeking to make the sanction cover the offence of a habitual bribe taker which clearly implies that the sanctioning authorities must consider the number of instances when the accused took bribes and on what occasions as would justify a charge of his being a habitual bribe taker
Precedent
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The Appellants herein who are related to one Harshad S. Mehta (since deceased) purchased nine residential flats in a building called Madhuli Apartments in Worli area of Mumbai
Facts
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Mehta on 4th of October,1960 and it was only on the 24th of October,1960 the second partnership deed was -executed
Ratio of the decision
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b) (v) of the Act make it clear that the date of vesting is the last date by which the calculation of compensation should have been made
Ruling by Lower Court
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on 22.1.1986
Argument
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Superintending Engineer,GEB,Utran
Facts
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I was tried before the Court of Sessions, Visakhapatnam for offences under s. 120-B, Indian Penal Code, s. 409, s. 477-A
Facts
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The IPAB in the impugned order held that the trade mark Nos.475269,475267 and 484837 have not been used by the appellant for more than a period of five years and one month and the appellant also failed to make out that it had been in manufacturing or trading of the goods for which it had taken Registration Nos.475269,475267 and 484837.Consequently,the IPAB allowed the applications made by the first respondent purportedly under Section 46(1)(b) of The 1958 Act and directed the Registrar to remove these registrations from the register
Facts
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particularly the following: "A proprietary right in a mark sought to be registered can be obtained in a number of ways
Precedent
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This provision lifts partially the ban on the trial of a person for more than one offence at the same trial
Statute
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Mr
Argument
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Shri A.K.Sen,on behalf of the respondents on the other hand contended that the compensation payable in respect of the requisitioning and acquisition must be determined under the Central Act and the arbitrator was the authority to decide that question
Argument
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This imports the conception that even though the payment be not strictly due to the recipient nor legally enforceable by him, a claim to the same may be laid by the employee under certain conditions and if such claim is entertained either by an agreement with the employer or by adjudication before a properly constituted Tribunal as on an industrial dispute arising
Ratio of the decision
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Their evidence establishes the manner in which the assault originated as well as the role played by each one of them
Ratio of the decision
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Naguesh G.Shet Govenkar and Anr.,AIR (1970
Precedent
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We have read the questions and so also the answers
Argument
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Even if it is found to be necessary to decide this question as to property in a trade mark,I have already pointed out that the Courts of Equity in England granted relief in cases of infringement of trade marks on the basis of infringement of the right of property in the trade mark
Precedent
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Part
Statute
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S.38 of the said Act deals with right of protected tenant to purchase land
Statute
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As already noticed,we need not deliberate on this aspect,as the accused before us has neither been charged nor punished for that offence
Ratio of the decision
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The Division Bench further held that since the letter dated 24.4.1974 was not served on the respondent,there was no material to show that any warning had been issued to the respondent before he was discharged from service
Ruling by Lower Court
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We do not consider it necessary to examine this question
Ratio of the decision
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IMPUGNED JUDGMENT
Ruling by Lower Court
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The main reasons upon which the conclusion of the High Court is based are firstly that there could be no clubbing together of the provisions of the various clauses of s. 239 and secondly that the respondents were charged with more than three offences of the same kind and that this was in contravention of s. 239 (c
Ratio of the decision
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may in the same manner call for and examine the proceedings of any officer subordinate to them in any matter in which neither a formal nor a summary inquiry has been held
Statute
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this court with reference to an unreported judgment in Ratnagiri District Central Co-operative Bank Ltd.v
Precedent
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Rich Food Products (P) Ltd.,Noida
Facts
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The State Government is directed to undertake fresh exercise in the light of the above directions and complete the same within a period of four months from the date of the receipt of the order
Ruling by Present Court
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PW-7
Ratio of the decision
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The Court had also further directed that the Collector will be the Receiver in respect of the fisheries which has not already been vested in the State and whose Possession has not already been taken over by the State
Facts
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We must take note of a decision in the case of M/s Kasturbhai Ramchand Panchal & Brothers and Others v
Precedent
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We do not find that the assessment of the evidence by the Trial Court and the High Court even in the light of such of those previous statements that have been put to the witnesses in the manner stated above is in any way unjustified
Ratio of the decision
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He shall be released forthwith unless wanted in some other case
Ruling by Present Court
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The trial court found that the petitioners have not been able to prove that the TV serial "Yeh Jo Hai Zindagi" was produced by defendants Nos.1 to 4 as agents in the course of their employment as the agent of the petitioners as contended in the suit
Facts
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Thus, the total value of the assets as per the affidavit filed on behalf of the Custodian of Harshad Mehta Group is Rs
Ruling by Lower Court
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Not only that,in the writ petition filed by the present petitioner in this Court,it was held that it is not necessary to go into the question whether the petitioner is a protected tenant or whether he has any prima facie interest in the property because they are the matters entirely within the sole jurisdiction of the arbitrator who has to be appointed under S.8 of the Act
Ruling by Lower Court
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A similar application,containing similar request,was also made by the respondent to the Mamlatdar Taluka Idar on October 4,1971.Thereupon a notice under S.37(2) of the Bombay Land Revenue Code for the purpose of holding an inquiry into the rights of the respondent to mines and mineral products of the said villages claimed by the respondent wag served upon him but the respondent raised a preliminary objection that such inquiry wag misconceived and incompetent in view of the determination made under s.2 (4) (i) of the Act and having regard to the provisions of S.10 of the Act-his rights,to mines and mineral products were expressly saved; the Collector of Sabarkantha (appellant No.2) overruled the preliminary objection and by order dated February 23,1973,directed that the inquiry shall proceed and the respondent was directed to produce his evidence in support of his claim on a date that would be fixed and intimated to him
Facts
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We agree with the submission of the learned counsel that an examination could not have been carried out immediately
Ratio of the decision
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Section 248 is also relevant which provides the forum of appeal to the State Government
Statute
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The Essential Commodities Act is a legislation towards that end
Statute
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The injured witnesses were taken to the Primary Health Centre, Taoru where Dr. Pardeep Kumar, Medical Officer, medically examined the injured persons
Facts
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Thus,we are of the view that the High Court fell into error that appellant is amenable to writ jurisdiction
Ratio of the decision
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If no, then to which relief they are entitled and what directions should be given to the employer
Ratio of the decision
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Similar exercise for each year in which the substantive vacancies had arisen should be done
Ratio of the decision
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Merely because the accused persons are charged with a large number of offences and convicted at the trial the conviction cannot be set aside by the appellate court unless it in fact came to the conclusion that the accused persons were embarrassed in their defence with the result that there was a failure of injustice
Ruling by Lower Court
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By an order made by this court on the 24th May, 1953, the petition of the idol for filing cross-objections in this court was allowed to be treated as a petition for special leave to appeal against that part of the decree which was against it, subject to any question as to limitation
Facts
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In para '19' of the show cause notice the authority accepted the existence of a deed of assignment
Precedent
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Blood sam-ple of the accused was not collected and therefore not grouped
Ratio of the decision
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probate of his said will
Facts
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We are of the view that the undertakings given by the parties in the present cases were intended to and do continue to subsist
Ratio of the decision
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No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit,for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery
Statute
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A reply and/ or rejoinder thereto shall be filed within one week from the date of the receipt of the copy of the objection
Ratio of the decision
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It was further held that the greater part of the improvements were affected by the appellant after the proceedings in the L.C. Case No
Ruling by Lower Court
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In Mahmood v. State of U.P. (1976) 1 SCC 542 1975 Indlaw SC 643 it has been observed that in a case dependent wholly on circumstantial evidence the court must be satisfied - (a)that the circumstances from which the inference of guilt is to be drawn, have been fully established by unimpeachable evidence beyond a shadow of doubt; (b)that the circumstances are of a determinative tendency unerringly pointing towards the guilt of the accused; and (c)that the circumstances, taken collectively, are incapable of explanation on any reasonable hypothesis save that of the guilt sought to be proved against him
Precedent
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It is nether in the realm of contract nor in the realm of estoppel
Precedent
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147, 323 and offences under s. 302
Ratio of the decision
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Similarly when there is unsatisfactory and unexplained delay between the date of order of detention and the date of securing the arrest of the detenu,such a delay would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority leading to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detenu with a view to preventing him from acting in a prejudicial manner
Precedent
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to the ordinary shareholders was distributed after transferring the aggregate sum of Rs
Facts
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However,it was left to the Executive to bring the enacted law into force vide notification
Ratio of the decision
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14 of the Constitution of India
Ratio of the decision
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Therefore,when that work is got done through somebody else by providing the necessary infrastructure and other facilities,when the personnel did not change though the contractors changed from time to time,he held that they become employees of the appellant
Precedent
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11(2)(a) and 11(2)(b
Precedent
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Secondly payment in full may or may not be made by the Special Court depending upon various circumstances
Precedent
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13.If
Precedent
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S.P. Shri Raikar and P.I
Facts
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Finally,learned senior counsel for the appellant has cited certain orders of this Court wherein this Court has reduced the period of sentence already undergone while upholding the conviction
Argument
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I as well as the applicability of the rules and orders made by several State Governments on the basis of the said decision
Ratio of the decision
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The said judgments were affirmed by this Court
Precedent
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The self-inculpatory statements of Appellant and that of Prabhjot Singh were said to have been taken off the file
Precedent
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In fact, the Appellants have brought on records various orders passed by Income Tax Appellate Authorities to show that the demands of the revenue have been set aside
Ratio of the decision
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Rule 4,however,gives power to a Single Judge to issue rule nisi on an application u/art.226
Precedent
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The 2nd respondent then approached the 5th respondent through Doordarshan with his proposal to produce the said serial then proposed to be entitled "Mussibat Hai".After a number of meetings between the 2nd respondent and the concerned officers and the authorities of the respondents at Delhi in connection with the said proposal approved a pilot [i.e.the first episode as sample] on 19 September 1984 to produce a TV serial comprising 52 episodes subject of course to the 5th respondent discretion to discontinue the same if the same proved a flop before the expiry of the stipulated period
Facts
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He developed a new form of 'Yakshagana'.He was a Director of the appellant -institute
Facts
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There could perhaps be some truth in this suggestion, as it is significant that though the appellant had an extended family living with him i.e. mother, wife, son living (in the village) and two young daughters who were studying outside and residing in a hostel, but were frequent visitors home, yet none of them has come forth to depose in his favour
Ratio of the decision
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S.464 of the Code relates to effect of omission to frame,or absence of,or error in,charge
Statute
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Dated 6th January,1998 regarding the alleged appointment of ad-hoc/ regular appointment to the post of Lambus/ Mandols
Facts
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It is significant that in the present case, the liability had even been quantified and a demand had been created in the sum of Rs 1,49,776 by means of the notice, dated November 21, 1957, during the pendency of the assessment proceedings before the Income Tax Officer and before the finalisation of the assessment
Precedent
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Sub-s.(2) of s.2 of the Act specifically excludes the applicability of the provisions of the Act to any factory or other establishment to which the provisions of the Employees State Insurance Act,1948 apply for the time being.s.3(n) of the Act defines "wages" as under :- "3(n).--Wages means all remuneration paid or payable in cash to a woman,if the terms of the contract of employment,express or implied,were fulfilled and includes- (1) such cash allowances (including dearness allowance and house rent allowance) as a woman is for the time being entitled to
Statute
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The cases of Panipat Sugar Mills and Anakapalle Co-operative Agricultural Society were distinguished on the ground that they were governed by sub-section (3C) of sec
Precedent
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We,however,part with this case with heavy heart expressing our strong disapproval of the conduct and behaviour but direct that the second respondent to pay a sum of Rs.10,000 by way of cost to the appellant herein
Ratio of the decision
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