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See Union of India and Others
Ratio of the decision
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It is true that the question of reading the various clauses cumulatively did not specifically arise for decision in that case but the High Court had held that the first charge was an omnibus charge containing as many as 203 offences and that it was in direct violation of ss
Ratio of the decision
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There was an appeal before the Court of Small Causes,Bombay and by judgment and order delivered by the Court of Small Causes,Bombay on 18th of August,1977,it was held that the learned Trial Judge had erred in passing a decree for possession on the ground of subletting,change of user and breach of terms of tenancy
Ruling by Lower Court
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g
Ratio of the decision
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He has in this connection referred us to the statement of Dr. Ripan Miglani PW15 and the wound found on the appellant at the time of his medical examination in the Department of Surgery of the Dayanand Medical College & Hospital, Ludhiana which was "About 15 x 8 cm curvilinear wound present on the left half of face extending upto bone
Argument
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Jain Industries was concerned
Ratio of the decision
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The accused-appellant has filed this appeal by special leave
Ruling by Lower Court
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Such being the findings arrived at by the High Court with which we are in concurrence,it is difficult to hold that the tenancy claimed by the appellants in respect of the scheduled land could be established
Ratio of the decision
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969 of 1909 and the award dated the 12th October, 1920, and the dealings made by the heirs of jogendra
Facts
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Such subsequent events could also be taken into consideration for the purpose of review
Ratio of the decision
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State of Maharashtra (2012) 9 SCC 249 2012 Indlaw SC 304,Jai Bhagwan Vs
Argument
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The defence of the appellants (defendants) in substance was that the agreement on which reliance was placed by the respondents in their suit was a sham agreement and that the appellants in reality were the tenants of the shop and the relationship between the respondents and appellants was that of the landlord and tenant
Argument
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The Trade Marks Act,1999 has been enacted to amend and consolidate the law relating to trade marks,to provide for registration and better protection of trade marks and for prevention of the use of fraudulent marks
Ratio of the decision
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S.2 of the Act reads as follows: "2(1
Statute
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The only provision in the Code which permits the joint trial of more than one person is s. 239 and what we have to see is whether under that provision the two respondents could have been jointly tried for the offences with which they were charged
Ratio of the decision
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Though the daughter was not entitled to immediate possession of the property it was indicated with certainty that she should get the entire estate at the proper time
Ratio of the decision
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Gupta appearing for the respondents that the succeeding Receiver had no jurisdiction to re-deliver the possession of Nalban Fishery is the State of West Bengal when his predecessor has already taken possession of the same pursuant to the order of this Court
Ratio of the decision
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Even otherwise.it was argued by him that the Civil Court before whom the plaintiff had filed the suit for redemption of the suit properties could not have driven the plaintiff to the forum of Mamlatdar merely because the defendants had raised the plea that they were tenants of the suit properties -agricultural lands
Argument
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See Orissa University of Agriculture & Technology and Another vs. Manoj K. Mohanty (2003) 5 SCC 188 2003 Indlaw SC 348
Ratio of the decision
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After conducting its second and final meeting on 10th
Facts
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It is however urged before us that the High Court was in error in thinking that the appellant did not occupy the lands as a trespasser with a bona fide claim of title because it was his case that he trespassed upon the land with a bona fide intention to improve the land, and as such he can still be considered as a bona fide trespasser entitled to improvements under the general law
Argument
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The question,therefore,is: whether the appellant must be deemed to be bona fide user of the trade mark,though there was no agreement nor was it registered as permitted user u/s.48(1
Ratio of the decision
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Mehta that once it was accepted that the partnership deed was a mere camouflage the other subsequent acts and conducts were merely ancillary and were put in a formal way
Ratio of the decision
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If the party claiming application of the doctrine acted on the basis of a notification it should have known that such notification was liable to be amended or rescinded at any point of time, if the government felt that it was necessary to do so in public interest
Precedent
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art.226 or 227 that the non obstante clause has been introduced in Rule 18.The use of the words "be heard and finally disposed of by a Single Judge" in Rule 18 merely clarifies the position that in such cases the power of the Single Judge is not confined merely to issuing a rule nisi
Precedent
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2 M.L.J. 562 were next cited:-- "As the will gave her the right to 'enjoy' the income of the estate during her lifetime, it was evidently contemplated that she should, as provided by -the Hindu law in the case of a widow, be in possession of the estate
Precedent
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Though the inevitable conclusion is that the High Court is not justified in directing grant of interest on the logic of various provisions contained in the Act,yet there is an element of equity in favour of the landowners
Precedent
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Wright,Crossley,and Co.(1898
Ratio of the decision
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The said writ petition was dismissed by an order dated 23.11.2005 by a learned Single Judge
Facts
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The High Court was,therefore,not justified in holding that this Court's earlier order only waived the limitation for filing a Letters Patent Appeal
Ratio of the decision
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u/art.226 or u/art.227.In
Precedent
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The accused then started assaulting her and PW-8 with slaps
Facts
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It is impossible to conceive that they cannot sit across the table and discuss item by item with the reviewing authority unless they are furnished in advance full details and particulars
Ratio of the decision
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The ratio of the said decision as regard applicability of the Limitation Act was further considered by a Division bench of this Court in Fairgrowth Investments Ltd
Precedent
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PW.5 Sumanbai is the mother of the deceased Bhimabai
Facts
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in Prag Ice and Oil Mills were quoted with approval in connection with the fixation of prices of food stuffs served in restaurants
Precedent
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Appeals dismissed
Ruling by Present Court
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In Phiroze Bamanji Desai v
Precedent
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Since the respondent continued to be absent from duty the Superintending Engineer by a registered post acknowledgment due letter dated April 24,1974 informed the respondent that his request to postpone his transfer was rejected and he was directed to join his duty at Ukai and on his failure to do so disciplinary action would be taken against him
Ratio of the decision
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There the accused had enquired from them as to what was the punishment awardable to an offender who was found to have been committed rape on a girl and killed her
Ratio of the decision
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PW.1 then immediately went to the house of the accused along with some of his relatives
Facts
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The Board shall,however proceed to determine afresh the application filed by the first in the light of the legal principles explained above
Ruling by Present Court
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Nimakayala Bali Reddy -2008
Precedent
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Even on a winding up of a company the property of the company would be applied in satisfaction of its liabilities pari passu and, unless the articles of association of the company otherwise provided, in distribution amongst the members according to their rights and interest in the company
Ratio of the decision
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In Niadar and Another vs. Delhi Administration and Another [(1992) 4 SCC 112] 1988 Indlaw SC 244, again no law has been laid down
Precedent
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The addition was integrated as a feature of the wage scales; it was not regarded as an addition to the pay of each individual workman
Ratio of the decision
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Kirloskar Pneumatic Co.Ltd (1996) 4 SCC 453 1996 Indlaw SC 131.,University of Allahabad v
Precedent
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Being aggrieved by the order passed in the said revision,Respondent No.2 Lalwani preferred RTS Appeal No.81 of 2000 and the Respondent No.3 Genu Kadu preferred RTS Appeal No.114 of 2000.Both
Facts
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The Tamil Nadu Rules of 1976 made under the 1976 Act had no doubt excluded technical institutions from the purview of the Rules but this Court pointed out that the Rules were capable of being amended so as to extend to such technical institutions and that if they were so extended,the State Act of 1976 and the Rules would require "approval' by the State Government and that would be void
Ratio of the decision
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In matters of fixation of price, it is the interest of the consumer public that must come first and any interim order must take care of that interest
Ratio of the decision
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d) no approved intake capacity of seats shall be increased or varied : except with the approval of the Council
Statute
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These averments in the above paragraph do not clearly allege that he was not evicted without notice, nor has any allegation been made that he was forcibly evicted from the lands with the help of the police etc. as it has now been contended before us
Ratio of the decision
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Bhimasankaram contended that s, 239 must be read at least subject to ss
Statute
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All that was necessary was that under the Regulations,the AICTE Council had to consult them
Ratio of the decision
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Vs
Argument
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The Special Judge acquitted the Appellant of the second charge namely that being a public servant he had by corrupt or illegal means or by otherwise abusing his position as a public servant obtained for himself a sum of Rs
Ruling by Lower Court
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In view of the increase so secured,the Tribunal rejected the suggestion that a slab system should be introduced in the dearness allowance or that there should be any other modification of the principle on which dearness allowance was being presently granted
Facts
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The financial capacity of the appellant,and the related study of its annual profits from 1968 to 1977,were examined from that view point
Ratio of the decision
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The Act was enacted to provide for the registration and better protection of trademarks and for the prevention of the use of fraudulent marks of merchandise
Ratio of the decision
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When and if there is intent and knowledge then the same would be a case of S. 304
Statute
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There is no dispute that the respondent received the aforesaid letter as he sent a reply to the Superintending Engineer on April 20,1974,a copy of which was annexed as Annexure 'J' by the petitioner,to his petition before the High Court
Ratio of the decision
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The people are interested in their continuance for the period of their contracts and in their non-substitution by those who may come in through the spoils system
Precedent
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PC.This Court held thus : "The crux of the matter is this : Would there be occasion for a failure of justice by adopting such a course as to convict an accused of the offence under section 304-B IPC when all the ingredients necessary for the said offence have come out in evidence,although he was not charged with the said offence
Precedent
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After permitting the appellant therein to argue the case for acquittal on merits,it observed: " .......We,however,make it clear that this cannot be a universal practice in all cases
Argument
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After this exercise is exhausted; appointments should be made; posts are to be filled up to substantive vacancies
Ratio of the decision
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However,in the facts and circumstances of the case,there shall be no order as to costs
Ruling by Present Court
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He is not a previous convict nor habitual offender
Ruling by Lower Court
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The appeal is accordingly dismissed but without any order as to costs
Precedent
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5.Contractd with Esquire Distributing & Servicing Pvt.Ltd
Argument
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Contrary to what the High Court has stated, it appears from record that counter affidavits were filed
Ratio of the decision
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the respondent No
Facts
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However,in the interest of justice we permitted the respondent to file written submissions.if any,in support of his case
Ratio of the decision
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In the case of a lease the estate that is in the lessor is a reversion
Ratio of the decision
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Union Territory of Chandigarh
Facts
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However,the Sub-Divisional Officer has taken the said mutation in revision in RTS Revision No.14 of 1984 and has set aside the mutation by order dated 30.7.1985.There was appeal as against that order which was remanded
Ruling by Lower Court
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The conduct of the respondents was not violative of S.32(b) and (c).The Court in those circumstances declined to rectify the trade mark and strike it off from the register of trade marks
Facts
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Dutt and Durga Charan Dutt for a sum of Rs
Facts
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Commissioner of Central Excise,Delhi 2005 (189
Precedent
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It can be one of the grounds to consider, but the Court must lift the veil and see whether the decision is violative of these principles warranting interference
Ratio of the decision
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The words 'for the time being' would mean differently in different situations
Ratio of the decision
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Assailing the finding of the IPAB as regards non-use by the appellant during the relevant period,learned counsel for the appellant argued that the said finding was erroneous on legal as well as factual premise
Argument
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The properties of Late Harshad Mehta and the Appellants, herein being notified persons stood attached in terms of the provisions of the Act
Facts
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Only the intention of causing the bodily injury coupled with the offender's knowledge of the likelihood of such injury causing the death of the particular victim, is sufficient to bring the killing within the ambit of this clause
Precedent
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Moreover, the High Court has rightly pointed out that the validity of s. 37(3) of the Act which fixes a small rate of interest on the compensation amount has been upheld by the Supreme Court in Gajapati Narayan's Case
Ratio of the decision
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cms.above right ear,fracture of right parietal bone with laceration of brain
Ratio of the decision
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Thirdly the Judgments show that there was utter confusion in respect of the date on which possession of the acquired land was given to the Appellant and the date on which it was given to the Contractor for carrying on the work, as also in respect of the fact whether there was any crop standing when the Appellant took possession of the land and at what period of time the crop was cut and the work commenced
Ratio of the decision
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234, 235, 236 and 239
Statute
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The witnesses present in his defence were witnesses in the case of Haidar Baksh
Statute
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On a plain construction of the provisions of s. 239, therefore, it is open to the Court to avail itself cumulatively of the provisions of the different clauses of s. 239 for the purpose of framing charges and charges so framed by it will not be in violation of the law, the provisions of ss
Ratio of the decision
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The principle, set out above, was reiterated by Lord Denning in High Trees's case (supra
Precedent
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The appellant,aggrieved by the judgment of the High Court,preferred the above appeal by way of special leave petition before this Court
Facts
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Section 3,which contains the main provision dealing with abolition of jagirs,provides that notwithstanding anything contained in any usage,grant,sanad,order,agreement or any law for the time being in force,on and from the appointed date (which under S.2 (1) (i) is a date on which the Act comes into force,which is August 1,1954),all jagirs shall be deemed to have been abolished and save as expressly provided by or under the provisions of this Act,the right of a jagirdar to recover rent or assessment of land or to levy or recover any kind of tax,cess,fee,charge or any hak and the right of reversion or lapse if any,vested in a jagirdar,and all other rights of a jagirdar or of any person legally subsisting on the said date-,in respect of a jagir village as incidents of jagir shall be deemed to have been extinguished
Statute
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The parties shall file their respective documents within one week thereafter
Ratio of the decision
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Similarly where expenses have been legitimately incurred and allowed by Income-tax authorities, there was no justification for excluding those items of expenditure from the cost
Argument
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He surrendered on 5.1.2012 and is stated to be in custody since then, for more than three years
Ratio of the decision
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A special leave petition was filed against the judgment of the High Court,setting aside the concurrent orders allowing the application,in respect of which leave has already been granted
Facts
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The learned advocate for the respondent also tried to support the stand taken by the High Court
Ratio of the decision
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As a person obtains a right on and from the date of registration and/or renewal thereof,he can ordinarily be deprived of his right unless it is shown that the assignment thereof by his holder was not a bona fide one or had been made by way of camouflage
Ratio of the decision
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As noted above the prayer was to quash the order of assessment passed by the Assistant Commissioner,Commercial Tax levying purchase as well as Entry Tax
Ratio of the decision
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In other words,the competent authority holding an inquiry under s.2(4) (i) can come to the conclusion that a particular Jagir is proprietary if it finds that the Jagirdar under the terms of a grant or agreement is entitled to some rights or interest in the soil other than mines or mineral products
Ratio of the decision
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