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Therefore,the State could not have any "policy" outside the AICTE Act and indeed if it had a policy,it should have placed the same before the AICTE and that too before the latter granted permission
Ratio of the decision
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This section is intended to attempt possible reformation of an offender instead of inflicting on him the normal punishment of his crime
Statute
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Sd/- C.E.O. 23.10.91
Argument
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d)Whether there is a non use of registered trade mark by the respondent for a period of over 5 years and 1 month
Facts
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In between 1979 and 1984,the State Government extended a facility of loan to the extent of Rs.6.13 crores to the Receiver appointed by the State Government for smooth functioning of the Sugar Mill,including payment of dues to sugarcane grower,repairing of machinery,etc
Ratio of the decision
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Accordingly,the Commissioner (A) dismissed the appeals
Facts
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313 Cr
Facts
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These are not matters for investigation in a petition under Art
Ratio of the decision
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The Textile Labour Inquiry Committee defined 'bonus' as follows :- "The term bonus is applied to a cash payment made in addition to wages
Precedent
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It was just the other day that our brothers Ranganath Misra and M.M. Dutt, JJ. had to give directions in a case (Vincent Panikurbangara v. Union of India) where a public spirited litigant had complained about the unscrupulous exploitation of the Indian Drug and Pharmaceutical Market by multinational Corporations by putting in circulation low-quality and even deleterious drugs
Ratio of the decision
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We notice that in all these matters, the High Court granted stay of implementation of the notifications fixing the maximum prices of bulk drugs and the retail prices of formulations
Ratio of the decision
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It was also contended that before making any order under Section 4(1) of the POB Act,the Court shall take into consideration the report,if any,of the probation officer concerned in relation to the case which the High Court has miserably failed to do so
Argument
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The Act would also have made provision for a subsistence allowance or the like for the notified person
Precedent
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The appellant herein is entitled to the costs throughout
Ruling by Present Court
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Accordingly,the appeal filed by the workmen must fail
Ratio of the decision
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Here, however, we have a case where the prosecution alleges that there was additionally a conspiracy to which apart from the two respondents the approver and some other persons were parties and where in both the respondents were tried together
Ratio of the decision
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9,727,332,166.94
Ruling by Lower Court
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The question whether the Court will enlarge the scope of its inquiry at the time of final hearing depends on the facts and circumstances of the case
Argument
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The petitioners apprehended that the respondent Nos.1 to 3 intended to produce further episodes under the title "Yeh Jo Hai Zindagi" making use of the same format as the earlier serial for and on behalf of the third party
Facts
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The appeal arising out of the petition suit bearing Suit No.2539 of 1955 which had been registered as appeal No.200 of 1960 was finally disposed of by the Division Bench and the said order was assailed in this Court in SLP (C) Nos.5370 & 5371 of 1978.The said two appeals arising out of the said two special leave petitions were disposed of by order dated 18.4.1979 on the basis of a compromise arrived at between the parties on intervention of Shri Ashok Sen who appearing for one of the parties but it was indicated in the order that the State's right in relation to the fisheries will not be affected by the decree in question
Facts
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3) Without prejudice to the provisions of section 6,no pregnant woman shall,on a request being made by her in this behalf,be required by her employer to do during the period specified in sub-s.(4) any which is of an arduous nature or which involves long hours of standing,or which in any way is likely to interfere with her pregnancy or the normal development of the foetus,or is likely to cause her miscarriage or otherwise to adversely affect her health
Statute
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u/s.8(1)(b) of the Central Act
Ruling by Present Court
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Here, the offences committed were those under ss
Ratio of the decision
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The court pointed out that it would be impermissible to interpret a statutory instrument to exclude natural justice unless the language of the instrument left no option to the court
Precedent
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In 1965 some partners retired and the remaining four partners executed a fresh partnership deed Exhibit-117 on 1st
Facts
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Full effect cannot possibly be given to this provision if we hold that it is subject to the limitation of s.234(1
Statute
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The first reason is that none of the offences alleged to have been committed falls within s. 337 of the Code of Criminal Procedure and the second reason is that the pardon was granted by an authority not empowered to grant it
Ratio of the decision
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Even in respect of the said claim,he failed to produce any documentary evidence evidencing the said lease of land in dispute from Gundu Rao
Facts
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After detailed discussion,the learned authors have summarized the position with the following propositions: (1) The test of whether a body is performing a public function,and is hence amenable to judicial review,may not depend upon the source of its power or whether the body is ostensibly a public or a private body
Ratio of the decision
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It was also not a case where respondent in any manner whatsoever waived her right
Ratio of the decision
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Jaswant Sugar Mills
Ruling by Lower Court
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It functions as a consulting organisation and a service industry,and does not manufacture any product or carry on trade
Facts
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In the special circumstances of this case,particularly when after 2.4.07 appeals against orders rejecting "pre-grant opposition" are not maintainable and particularly when FAO No.292/06 and FAO No.293/06 were filed by respondent no.3 prior to 2.4.07 under the old law,we are of the view that these two appeals shall be heard and decided by the High Court in accordance with law
Ratio of the decision
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If Nagendra was thus a sevayat of the idol it could not be urged that his possession could in any manner whatever be adverse to the idol and his dealings with the said premises in the manner he purported to do after the 12th October, 1920, could not be evidence of any adverse possession against the idol
Ratio of the decision
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The object of this Bill is to provide that a Local Government shall not declare,u/s.6 of the Act,that any land is needed for a public purpose unless time has been allowed after the notification u/s.4 for persons interested in the land to put in objections and for such objections to be considered by the Local Government
Statute
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It is desirable that entire proceedings With regard to acquisition of land and determining compensation for standing crops for the total area of 39.58 acres in Mirpur and Ahmadpur villages tire finalised an this date
Ratio of the decision
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We are not concerned with the challenge to this aspect in this appeal
Ratio of the decision
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Bengal requisitioned large extent of fisheries including the disputed Nalban Fishery on 5.11.1969 in exercise of power under Section 3(1) of the West Bengal Land Requisition and Acquisition Act of 1948 (hereinafter referred to as 'the Requisition Act').Pursuant to the aforesaid requisition order the State of West Bengal took possession of the Nalban Fishery on 8.11.1969.Members of the Sarkar family challenged the order of requisition by filing a writ petition in Calcutta High Court in November,1969 which was registered as Civil Rule No.7317 (W) of 1969.The aforesaid writ petition was dismissed by the learned Single Judge
Facts
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This Court finds a lot of substance in the contentions of the appellants
Ratio of the decision
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State of Maharashtra
Precedent
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Gopal Singh was cross-examined by the prosecution
Ratio of the decision
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The doctrine of legitimate expectation has an important place in the developing law of judicial review
Ratio of the decision
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I.C.848=A.I.R.1975
Argument
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Varadachari J. held that since in the will the gift over to the grand-children was of the entire Properties, and not a mere gift by way of defeasance, it had to be held that it indicated that the prior gift in favour of the widow was only of a limited interest
Precedent
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S. 235(1), however, goes a step further and permits the trial of a person for more offences than one if they are so connected together as to form the same transaction
Statute
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Thakural Mechanical Works without oath
Facts
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The object of the rule, the reach of its application, the rights and obligations arising out of it, its intended effect on past, present and future events, its form, the manner of its promulgation are some factors which may help in drawing the line between legislative and non-legislative acts
Ratio of the decision
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This Court emphasised that the distinction between an appeal and revision is a real one
Ratio of the decision
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In this background the Court addressed itself to the question whether Abdul Khader was a protected tenant or not entitled to 60% of the compensation
Facts
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The prosecution case is that these receipts are forged documents and the entries in the account books of VESCO are false
Statute
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It is,therefore,not correct as contended by learned counsel for the appellant that the two authorities i.e.the State Government and the Registrar are interchangeable
Precedent
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He had claimed rights as a tenant during the requisition
Facts
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300 lakes during the period of five years, and Government letter dated 28.12.1988 which made the aforesaid G.O
Facts
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3) If in any case,it shall appear to the State Government,or any officer referred to in sub-section (1) or sub-section (2) that any decision or order or proceedings so called for should be modified,annulled or reversed,it or he may pass such order thereon as it or he deems fit
Statute
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Indisputably,Dr
Facts
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Our attention has been drawn to what purports to be an endorsement by counsel for the appellant on the application dated 22nd December,1978 filed by the Union before the Tribunal to the effect that the appellant would submit to whatever the Tribunal decided,and it is urged that the appellant is bound by the order made on the application
Ratio of the decision
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We have noticed hereinbefore that in the case of Om Prakash Mondloi, the CEO made an endorsement to the effect that he may be tried in daily wages and should be entrusted with the work of progress collection of ODA work
Ratio of the decision
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No doubt the presumption is rebuttable and it is open to the party concerned to place evidence before the Court to rebut the presumption by showing that the address mentioned on the cover was incorrect or that the postal authorities never tendered the registered letter to him or that there was no occasion for him to refuse the same
Ratio of the decision
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the employers, the labour and the State itself, and the conception of social justice had to be worked out in this context
Argument
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Then take s. (a) and (d
Ratio of the decision
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Pursuant to "Uttar Pradesh imposition of Ceiling of Land Holdings Act" (hereinafter referred to as the "Ceiling Act"),land admeasuring 723.3 bigha belonging to the Company was declared surplus
Facts
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Union of India and Anr.,AIR 1971
Precedent
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There is no evidence that they had any previous animosity with the deceased and appeared to have acted as contract killers
Ratio of the decision
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This Court,therefore,held that once a case is covered under sub-s.(1) or (2) of Section 17,sub-s.(4) of S.17 would not necessarily apply
Precedent
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Subba Raju was not satisfied with the nature of supervision exercised by C. S. Raju over the affairs of VESCO because he used to look only at the cash book entries of the days on which he paid visits to VESCO's office, to which he used to go with previous intimation
Facts
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Barlagan Ketone', a bulk drug, was not treated as an essential bulk drug under the Drugs (prices Control
Ratio of the decision
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As per sub-s.(2) if any public servant commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine
Statute
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It appears that the Regional Settlement Commissioner placed this property for auction through Government Auctioner and one Gulabbai Desaipurchased the said property in auction for a consideration of Rs.16,750/-on 17.5.1956 and,accordingly,sale certificate was issued by the Regional Settlement Commissioner,Bombay on behalf of the Government
Facts
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He contended that the IPAB erred in holding that software was a 'service' and the subject registrations were in relation to goods without considering the wide definition of 'goods' provided under Section 2(g) of The 1958 Act
Argument
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The truth or otherwise of the evidence has to be weighed pragmatically
Precedent
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It is because a Single Judge has no power under Rules 1,4 and 17 to hear and dispose of a petition u
Precedent
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Having regard to the extended nature of non-user of the concerned trade mark after November 1,1976,any further use of the said trade marks by the respondents was likely to deceive and cause confusion to the trade and public alike in India etc
Facts
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Since the appellant is on bail,the bail bonds executed by him stand cancelled
Ratio of the decision
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This is an appeal on a certificate u/art
Facts
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He was asked about Telu Ram's evidence and also that he had given possession of the land RD 1200 to RD 00 to the contractor after the crop had been cut
Ratio of the decision
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The appeal is allowed and disposed of as stated above
Ruling by Present Court
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In view of the aforementioned stand taken by the said Shri Tayeng,the offers of appointment issued in favour of the Respondents were cancelled by an order dated 17.02.1998.A corrigendum thereto was,however,issued on 21.02.1998 stating: "No.2/15/93-Com(Rev
Facts
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This has been clearly recognised even in the various decisions of the Labour Appellate Tribunal, e.g., Nizam Sugar Factory Ltd., Hyderabad v. Their Workmen, (1952
Ratio of the decision
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5000 and some gold ornaments had been given at the time of marriage of Bhimabai
Facts
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The High Court should bear this in mind for deciding whether the evidence of the approver should be acted upon or not
Ratio of the decision
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We mentioned that the Panipat and the Anakapalle eases were distinguished in Shree Meenakshi, and Prag Ice
Ratio of the decision
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However,it is not necessary to dilate on this aspect of the matter as the appellant has really argued on the second and third aspects of Section 46 viz.the alleged non-use of the trade marks by Hardie and special circumstances
Ratio of the decision
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It was stated that inasmuch as the State Act, "will overlap and will be in conflict with the provisions of the Central Act in various areas
Ratio of the decision
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Madhav Reddy,Sr.advocate,we must also record that he conceded that in the facts and circumstances of the case and keeping in view the law laid down by the Constitution Bench in Kartar Singh's case [1994
Ruling by Lower Court
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If,therefore,the plaintiff in his plaint does not admit a relation which would attract any of the provisions of the Act on which the exclusive jurisdiction given under S.28 depends,we do not think that the defendant by his plea can force the plaintiff to go to a forum where on his averments he cannot go
Ratio of the decision
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There is no specific bar for an unregistered lincesee to use registered trade mark so long as there is a connection in the course of trade between the licenser and the lincesee
Facts
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In view of the foregoing discussion,we do not find any infirmity in the view taken by the High Court that Charter Party dated 6th May,1997 had not come to an end by efflux of time and it got extended by the conduct of the parties,warranting interference
Ruling by Present Court
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In his examination-in-chief PW.1 has said that whenever his daughter came to her parental home, she used to complain that she was being subjected to harassment by the appellants on account of some "domestic reasons" and further that her husband (appellant no.1) had told her that while coming back from her parental home she should bring Rs
Ratio of the decision
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Suffice it to say that those cases do not create any doubt as regards the conviction in this case
Ratio of the decision
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read with s. 149
Ratio of the decision
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the appellants were directed by means of interim order of this Court to continue to pay salary to the respondent which was being paid to him regularly
Facts
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It is clear from the charge that some of the amounts were misappropriated between April, 1947 and March, 1950, some between April, 1947 and March, 1949, some between April, 1947 and March, 1951 and quite a large number between September, 1947 and March, 1950 and a still large number between April, 1951 and March, 1952
Ratio of the decision
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It is thus clear that by these two applications the respondent had not put forward any claim as such to excavating gravel and stones for the first time' but,had merely requested the making of appropriate entry with regard to his said right which had already been recognised by the State Government previously
Ratio of the decision
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There is no reference to a third person in the FIR; no evidence that he came with the other accused or left with them
Ratio of the decision
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It is for the accused to show that the death of the deceased did not result from any cruelty or demand of dowry by the accused persons
Ratio of the decision
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We also wish to clear a misapprehension which appears to prevail in certain circles that price-fixation affects the manufacturer or producer primarily and therefore fairness requires that he be given an opportunity and that fair opportunity to the manufacturer or producer must be read into the procedure for price-fixation
Ratio of the decision
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Order, 1979 were made
Statute
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It does not invest those courts with exclusive power to try questions of title such as questions as between the rightful owner and a trespasser or a licensee,for such questions do not arise under the Act
Ratio of the decision
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The construction of jail is certainly in public interest and for such construction land may be acquired
Ratio of the decision
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The problem is that of high prices, bearing, it is said, little relation to the cost of production to the manufacturers
Ratio of the decision
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