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The corrigendum amending the award in consequence is liable to be quashed
Ratio of the decision
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Mr. Goburdhan has placed great emphasis on the fact that as the four witnesses who had reached the place of incident i.e. Jora Singh, Satnam Singh, Gurdeep Singh and Kulwant Singh had resiled from their statements and had disowned their initial stories, the prosecution had of necessity to rely on circumstantial evidence and if the chain of circumstances remained incomplete or even if one link in the chain was broken, the prosecution must fail
Argument
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S.2(vii) defines "jagirdar" as meaning a holder of a jagir village and includes his co-sharer.S.2(xv) defines "nonproprietary Jagir" as meaning a jagir which consists of a right in the jagirdar to appropriate as incident of the jagir,land revenue or rent due to Government from persons holding land in a jagir village,but which does not consist of any right or interest in the soil
Statute
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I of the Constitution of India,relating to "coordination and determination of standards in institutions for higher education or research and scientific and technical institutions".After the Constitutional Amendment (42 Amendment Act,1976) Entry 25 of List III in the Concurrent List
Precedent
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Similarly,under the Patents (Amendment) Act,2005,appeal was restricted to the post-grant opposition orders and that appeal lay before the Appellate Board and not to the High Court
Ratio of the decision
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Likewise,if it is only as a consequence of the criminal act that fear,terror or/and panic is caused but the intention of committing the particular crime cannot be said to be the one strictly envisaged by Section 3(1),it would be impermissible to try or convict and punish an accused under TADA.The commission of the crime with the intention to achieve the result as envisaged by the section and not merely where the consequence of the crime committed by the accused create that result,would attract the provisions of Section 3(1) of TADA
Precedent
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A petition was filed under Article 226 of the Constitution by respondent No.1 seeking for a writ of mandamus to treat the members of the respondent-union who are employees working in the canteen of the appellants factory as employees of the appellant and for grant of monetary and other consequential benefits
Facts
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Meanwhile,the Mahatama Gandhi University by their letter dated 31.5.1995 forwarded to the Government a list of Colleges and Courses for affiliation during the academic year 1995-96.The appellant's college was shown as one of the colleges among the affiliated colleges for the said period
Facts
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Vide State of M.P. vs. Bablu Natt (2009) 2 SCC 272 2008 Indlaw SC 2027; Alister Anthony Pareira vs. State of Maharashtra (2012) 2 SCC 648 2012 Indlaw SC 12 and Soman vs. State of Kerala (2013) 11 SCC 382 2012 Indlaw SC
Precedent
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The appellant no.1 is in custody
Ruling by Present Court
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The answer thereto must be rendered in negative
Ratio of the decision
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The power conferred by sub-s
Ratio of the decision
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According to the appellant inasmuch as whether Abdul Khader was a protected tenant had not to be settled by the Collector or the Tribunal,the arbitrator and the High Court were in error in going to that question
Argument
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The pleadings,as has been indicated hereinabove,also assume immense significance
Precedent
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On 11.11.1997,again he went to the office of the appellant but he could not find him on his seat
Facts
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It is also significant that the investigators had made no attempt whatsoever to have the appellant medically examined to ascertain his capacity to perform sexual intercourse
Ratio of the decision
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The question is what should be the extent of such burden
Facts
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It is made clear that we have not expressed any opinion on those issues on the facts of the present case
Ratio of the decision
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Regulation 4 deals with the requirement of grant of approval and for the commencement of these regulations "(a
Statute
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Therefore, where the alleged offences have been committed in the course of the same transaction the limitation placed by s. 234 (1) cannot operate
Ruling by Lower Court
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Legislation is the process of formulating a general rule of conduct without reference to particular cases and usually operating in future; administration is the process of performing particular acts, of issuing particular orders or of making decisions which apply general rules to particular cases
Ratio of the decision
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At the time of the distress the sum of pound 281.6 s. was due from the plaintiffs to the defendant for rent in respect of the nursery ground
Precedent
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Public Prosecutor through an application,Ex
Facts
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Even if it were so the sanction cannot be held to be had on that account
Ratio of the decision
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The Colletor/District Magistrate & Ors
Facts
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There may,however,be exceptions to this general rule,when for example,the court is impressed by a particular witness,on whose testimony it can safely rely,without such or other corroboration
Precedent
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The appellant, pursuant to this order, was dispossessed from the lands and possession of these lands was given to the second defendant Nair Service Society Ltd. in August 1939
Facts
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If such appointment orders are a nullity,the question of observance of principles of natural justice would not arise
Precedent
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The appeal is,accordingly,allowed with costs of Rs.10,000 to be paid by the second respondent to the appellant,as indicated in paragraph supra
Ruling by Present Court
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Such relaxation in the form of a proviso has been done away with in the 1988 Act
Statute
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Concededly,cl.(a) of sub-s.(1) of S.46 is not attracted in the case
Ratio of the decision
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It will be useful to set out the provisions of that section which run thus :" "This first thing to be noticed is that s. 239 does not read as if its various clauses can be applied only alternatively
Statute
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According to the appellant,this was a structural change in the principal Act
Argument
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He examined the witnesses and after completion of investigation, challan was filed under Sections 307, 325, 324 read with S. 34 IPC
Facts
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Their continuous length of ad hoc service from the date of their initial appointment cannot be counted towards seniority
Precedent
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It may be questioned on the ground of a denial of the right guaranteed by Art
Ratio of the decision
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The appellant cannot be said to be either the proprietor of the trade mark since 1976,since the agreement lapsed or permitted user-.The High Court therefore was wrong in holding that 5 years' period had not lapsed
Argument
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Hence,the present appeal by special leave
Facts
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and as the dispute between the parties related to the period subsequent to 31st
Facts
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Factual position and pleadings in this case
Ratio of the decision
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We have PWs
Ratio of the decision
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Respondents Nos.3 & 4 are proprietary concerns of respondent No.2.The 5th respondent is the Union of India and has been joined as the authority concerning Television in India in the name and style of Doordarshan,which is a television media
Facts
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The Trial Court as well as the High Court are in our view, justified in holding that crops of Sarson, gram and lusan were standing on the land acquired by the Military for extension of the Aerodrome
Ratio of the decision
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The said Gulabai also gifted her remaining area from this Survey numbers to her grandson Anil Gajanan Desai on 15.1.1979,who in turn has sold his properties to Respondent no.2
Facts
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PC and sentenced him for rigorous imprisonment for six months and a fine of Rs.1,000/-in default thereof simple imprisonment for one month
Ruling by Lower Court
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The object of the exemption Notification No.1/93-CE was to grant benefits to those industries which do not have the advantage of a brand name
Ratio of the decision
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The appellant's statement is therefore belied by the documentary evidence which shows unmistakably that there was on 13-2-63 bumper crops of different varieties standing,on the land which was valued thereafter and compensation assessed
Ratio of the decision
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SCC 424 1987 Indlaw SC 28308 held that furnishing of a list of ornaments and other household articles such as refrigerator,furniture and electrical appliances,etc.to the parents or guardians of the bride,at the time of settlement of the marriage,prima facie amounts to demand of dowry within the meaning of S.2 of the Act
Precedent
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At about 7 a.m. on 19th March 1991, Kishori Lal, PW4 informed BD (PW2), the unfortunate father of S, that dead body of a girl was lying near Mohalla Basera on the outskirts of village Kotputli
Facts
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However, what followed is interesting though erroneous
Ratio of the decision
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herein after referred to as "POB Act") to the second respondent-Gurcharan Singh but maintained the conviction,preferred the above appeal
Facts
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We are informed that the questions had been prepared before hand by the learned Additional Sessions judge, copies thereof were made available to each of the respondents and it was with reference to those copies that they gave their answers in the court
Ratio of the decision
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What is without jurisdiction will remain so
Ratio of the decision
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Even when considering the range of permissible retrospectivity the Tribunal stated in the award: "In view of the revision of the wage scales,there would be consequent increase in the dearness allowance and the house rent allowance
Ratio of the decision
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The Court rejected the contention that the trees and shrubs could be detrained and held that the word product' in the eighth section of the statute did not extend to trees and shrubs growing in a nurseryman's ground, but that it was confined to products of a similar nature
Precedent
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Moreover, Art
Ratio of the decision
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78,Sub-ss.(1) to (5) of Section 84,Section 85,Section 88,Section 91,S.92 and S.94
Statute
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x = cm
Facts
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An adverse inference need not necessarily be drawn only because it would be lawful to do so
Ratio of the decision
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This caveat has become necessary because the judiciary is not a mere umpire,as some assume,but an activist catalyst in the Constitutional scheme
Precedent
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Both the learned counsel eventually conceded that the language used in the will was consistent with the testator's intention of conferring a life estate in the English sense as well as with the intention of conferring a Hindu widow's estate
Ratio of the decision
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The appellants (other than A10) were as already noticed identified by various prosecution witnesses at the identification parade held by PW-32,the Executive Magistrate also
Ratio of the decision
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Others are not vital and whatever the irregularity they can be cured; and in that event the conviction must stand unless the Court is satisfied that there was prejudice
Precedent
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Claims and counter claims were filed before the Arbitral Tribunal
Facts
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The accused Pathan Hussain Basha,his father Pathan Khadar Basha,and mother Pathan Nazeer Abi forced her to get the balance amount of dowry
Facts
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Another submission of Shri Diwan was that there was considerable delay in the disposal of the review applications by the Government and that even now no orders had been passed in several cases
Ratio of the decision
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The precise point which we have to consider here did not fall for consideration in that case i.e., whether the provisions of the various clauses of s. 239 could be used together or not
Ratio of the decision
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We have examined the provisions of S.2 of the Act in a very limited sphere to deal with the contentions raised in regard to the applicability of the provisions of Section 304-B of the Code
Ratio of the decision
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Besides the evidence already on record would be taken into consideration
Facts
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It was pointed out that the dearness allowance and house rent allowance granted by the appellant made little impact in neutralising the cost of living
Facts
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2 and 3 were held guilty of an offence punishable u/s
Ruling by Lower Court
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He then went to village Palshi along with other persons of his family where he reached after sun set
Facts
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It is interesting to note that the properties belonging to the mother of Harshad Mehta has since been released from attachment
Ratio of the decision
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Regulation 8 deals with scrutiny of applications
Statute
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In Swamirathnam's case (1), which is a decision of this Court certain persons were tried for the offence of the conspiracy to cheat the members of the public and for specific offences of cheating in pursuance of that conspiracy
Precedent
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The respondent No. 1 on being asked to explain said that he would give his explanation to the Managing Director
Facts
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The defence plea of total denial and false implication has been rightly rejected by the Designated Court in view of the over-whelming,cogent and reliable prosecution evidence
Facts
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Ganga Charitha
Facts
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Respondent no.3,in both the cases,preferred first appeals to the High Court u/s.116 as it then stood
Ratio of the decision
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The cost of production, a reasonable return to the producer of the commodity are to be taken into account
Precedent
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Karanth has made substantial changes in the original traditional form of the Yakshagana dance
Argument
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However,the Oil Coordination Committee,by their fax message dated 26th August,1998,declined the request of the Oil Companies,including the appellant,for further extension of Charter Party beyond 31st August,1998.The said fax message was an internal communication between the Oil Coordination Committee and the Oil Companies
Facts
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Cl
Precedent
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At about 2.00 p.m. on 10th November 2002 a boy whose identity is not forthcoming, informed Satnam Singh PW2 that an incident of firing had taken place in the house of Ujjagar Singh situated in the fields on the outskirts of the village
Facts
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There is an obligation cast on the sponsoring authority to place it before the detaining authority,which has not been done
Precedent
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On behalf of the respondents,it is contended that the appellant had been managing the canteen up to the year 1982 and thereafter introduced the contract system for maintaining the canteen so established; that though the management of the canteen had been entrusted to the contractors from time to time,the personnel employed in the canteen were retained by all the contractors and they have been paid salaries through contractors; that the workmen employed in the canteen have been provided with ESI benefits under the Code No.VST,the appellant,and benefits arising under the Employees Provident Funds Act are also provided similarly; that the appellant has also provided a building along with furniture,utensils,cutlery,gas,electricity,water supply and other facilities; that the contractor is engaged only to prepare the food and serve it to the employees and that the quality of the food and the rates are controlled by the management of the appellant
Argument
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From our independent examination of the material on the record,we are satisfied that the prosecution has been able to establish its case against A-5,A-8,A-9 and A-11 and the deceased A-1 beyond a reasonable doubt
Ratio of the decision
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This appeal is directed against the final judgment and order dated 03.10.2007 passed by the High Court of Judicature,Andhra Pradesh at Hyderabad in Criminal Appeal No.436 of 2001 whereby the High Court dismissed the appeal filed by the appellant herein and confirmed the judgment dated 19.03.2001 passed by the Special Judge,C.B.I.Cases,Visakhapatnam in C.C.No.2 of 1998
Facts
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She further stated that it will be correct to say that her daughter was receiving ill-treatment as a result of "domestic cause
Facts
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302 of the Indian Penal Code (for short the 'the IPC') and sentencing him to undergo life imprisonment for the offence by setting aside the order of acquittal passed by the trial court
Facts
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Learned senior counsel appearing for the second respondent submitted that in S.T.No.202 of 1997,a judgment was given by the Metropolitan Magistrate on 10.9.2002 and the respondent filed an appeal No.374 of 2002 before the Court of Sessions,Patiala House,New Delhi challenging the said order of conviction and in that appeal,the Court of Additional Sessions Judge,Patiala House,suspended the sentence during the pendency of the appeal upon furnishing a personal bond for a sum of Rs.25,000 with one surety of the like amount to the satisfaction of the trial Court
Argument
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The next recovery relates to recovery of computer and accessories
Ratio of the decision
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A pointed reference was made to question
Ratio of the decision
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The claim preferred by the respondent was resisted by the appellant herein who contended that the respondent was admittedly working and was being paid only for six days in a week and that a pregnant woman worker is entitled to maternity benefit for 72 days which are the normal working days in twelve weeks and not for 84 days,as no wage is payable for the seventh day of the week i.e
Facts
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One of the flats being flat
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It was further held that the burden is on the assessee to satisfy the Adjudicating Authority that there was no such intention
Precedent
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In the wordy altercation, second accused Rajbir
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In so construing the statement,Exhibit C-51,the Tribunal has grievously erred
Facts
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Accepting the statements of father and mother on their face value that utmost which can be held is that the appellant no.1 had asked his wife Bhimabai to bring money for meeting domestic expenses and for purchasing manure
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After completing the admissions,the petitioners shall furnish full particulars of the students admitted,the categories,if any,whereunder they were admitted and all other particulars relating to their admission
Facts
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