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M.C." means material cost and includes the cost of drugs and other pharmaceutical aids used including overages, if any, and process loss thereon in accordance with such norms as may be specified by the Government from time to time by notification in the official Gazette in this behalf
Statute
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it exceeds Rs
Ratio of the decision
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For the purposes of this section "known sources of income" means income received from any lawful source and such receipt has been intimated in accordance,with the provisions of any law,rules or orders for the time being applicable to public servant
Statute
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Before the date of vesting the State never can, nor does, fix the compensation through the Compensation officer in any of the agrarian reform laws, and these compensation operations are post statutory exercises
Ratio of the decision
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Public Prosecutor
Ratio of the decision
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Therefore, since the offence under s. 409 was not merely punishable with transportation for life but alternately also punishable with imprisonment which could extend to 10 years, s. 337 (1) would apply
Ratio of the decision
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State of Kerala and others [AIR 1990 SC 225 1989 Indlaw SC 205] stating: "The conspectus of the above decisions can be summarised thus: The question whether the prejudicial activities of a person necessitating to pass an order of detention is proximate to the time when the order is made or the live-link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each case
Precedent
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Such a right cannot be determined in a proceeding under S.46(1)(b) of the Act which is restricted to non-user of the registered trade mark
Ratio of the decision
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The Sarkar family thereupon filed an application before the Calcutta High Court contending inter alia that under the decree passed in the partition suit by the Supreme Court the property belongs to the Sarkar family and could not have been handed-over to the State of West Bengal,That application was disposed of by the learned Single called upon the Collector 24 Parganas who was the Receiver pursuance to the orders of the Supreme Court to take over the possession of Nalban Fishery from the State of West Bengal and give vacant possession of the same to the Sarkar family
Facts
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This distinction between the State and a private individual in the field of contract has to be borne in the mind
Precedent
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THAT Pursuant to a request on form TM-23 dated 17th June,1986 and order thereon dated 24th October,1986
Facts
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The evidence shows that the accused come from very humble background and they could not have exerted any kind of influence, financial or otherwise, upon the police so as to manage a statement favourable to them when in the course of investigation the statements of witnesses were being recorded under Section 161 Cr
Ratio of the decision
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For inflicting blows on PW-5 Jagidsh with jaily A-1 Jage Ram was convicted u/s
Ruling by Lower Court
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The subsequent statement spoken to by P.W.42,the subsequent Investigating Officer,is alleged to have been made only in September,2003,after about five months
Ratio of the decision
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The will was construed as giving the self-acquired properties ultimately to the grandsons, and the estate of the daughter was likened to an estate which she would take- under the law of inheritance, that is a limited estate analogous to a widow's estate
Precedent
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The High Court held that since the account books were not translated they are not admissible in evidence
Statute
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It is alleged that A-5,A-10 and A-11 assaulted Popat deceased with the swords on his head and thighs and when Baban tried to intervene he was also assaulted and he received a blow with the sattur near his knee
Facts
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The authorities to which the statements are submitted shall verify the correctness of the statements and,if they find any irregularity,they shall call upon the college concerned to rectify the same
Facts
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Certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' is long and divides vague conjectures from sure conclusions
Precedent
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The dead body was sent for post-mortem examination which was performed at 9.30 a.m., on the same day, by a medical board of three doctors
Facts
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The contention that a trial for two offences requiring sanction is wholly void, where the sanction is granted for one offence and not for the other, is in our opinion unsustainable
Precedent
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It is usually intended as a stimulus to extra effort but sometimes represents the desire of the employer to share with his workers the fruits of their common enterprise
Ratio of the decision
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We agree that applications for review must be dealt with expeditiously and whenever they are not so dealt with, the aggrieved person may seek a mandamus from the court to direct the Government to deal with the review application within a time framework
Ratio of the decision
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See Zain-ul-Abdin Khan v. Muhammad Asghar Ali Khan - 15 IA 12 1887 Indlaw PC 13
Precedent
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A/1 is inadmissible in evidence
Ruling by Lower Court
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Judged from this view there is no infirmity with the direction issued by the learned Single Judge as well as Division Bench of the Calcutta High Court warranting interference by this Court
Ratio of the decision
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However,the respondent did not convey their acceptance of the charter hire rates for two vessels,viz
Facts
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It is of some significance that these expressions should be given appropriate meaning to avoid undue harassment or advantage to either of the parties
Ratio of the decision
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We do not think that either that or the other objection raised, that is, that the charge embraces within it all the offences said to have been committed by the respondents can properly
Ratio of the decision
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Although substantially such a statement is correct and leads to no misunderstanding, it does not bring out clearly the basal purpose of the doctrine
Precedent
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Therefore, when A sues B for a sum of money it is open to him to put his account books' in evidence provided they are regularly kept in the course of business and show by reference to them that the amount claimed by him is debited against B
Ratio of the decision
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The interpretation canvassed for by the appellants will give rise to anomalous results; for example,the defendant may in every case force the plaintiff to go to the Court of Small Causes and secondly,if the Court of Small Causes finds against the defendant's plea,the plaint may have to be returned for presentation to the proper court for a second time.when one has regard to the provisions in Part II it seems reasonably clear that the exclusive jurisdiction conferred by S.28 is really dependent on an existing or previous relationship of landlord and tenant and on claims arising under the Act as between such parties
Ratio of the decision
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Then we come to s. 236 which provides that if a single act or series of acts is of such a nature that it is doubtful which of several offences the facts which can be proved will constitute, the accused may be charged with having committed all or any of such offences and further provides that any number of such charges may be tried together
Statute
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Yet another variant of a selectivity, according to the Hathi Committee, would be to identify product groups which individually are important and which collectively constitute the bulk of the output of the industry
Ratio of the decision
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Sd/-12/1/98 (Annayok J.Tayeng
Facts
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the accused party left the video parlour threatening each other
Facts
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Order is an enquiry of the former character
Ratio of the decision
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It seems that pursuant to the said notice and some subsequent correspondence exchanged between the parties,an Arbitral Tribunal was constituted
Facts
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In these circumstances,the respondents contended that by entering into the said agreement of sponsorship,neither the petitioners nor the respondents created nor did they ever intend to create any relationship of employer and employee and/or master and servant or principal and agent between the petitioners on the one hand and the respondents No.1 to 4 on the other
Facts
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Kapur,J.who delivered a separate judgment,however,observed that the power under section 35(1) of the said Act of interference by the High Court is not restricted to a proper trial according to law or error in regard to onus of proof or proper opportunity of being heard
Ratio of the decision
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Harish Chand Sharma, PW21 stated that between 19th and 25th March, 1991 the accused Subhash was called at the police station several times for making enquiries
Ratio of the decision
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The registration of the aforesaid trade mark has been renewed from time to time and will remain in force for a period of a seven years from 13th
Facts
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Two days after the award was made,an application was made by the Union stating: "In the said award,your Honour has observed,at the end of para 22,"In view of the increase that is being allowed in the basic pay,I do not propose to revise the existing scheme of Dearness Allowance
Facts
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The second respondent is a previous convict as per the records placed before us
Ratio of the decision
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Therefore,if a person invaded or threatened to invade the other's right to,or enjoyment of,property,the Court u/s.54 had the discretion to grant a perpetual injunction,and trade mark was as much property for the purpose of S.54 as any other kind of property
Ruling by Present Court
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She has specifically stated that for a period of six months after the marriage, Bhimabai was treated well and thereafter she had started complaining about the harassment being caused to her
Facts
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In other words,in order to be actionable the copy must be a substantial and material one which at once leads to the conclusion that the defendant is guilty of an act of piracy
Precedent
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Savitri
Precedent
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The mere fact that the witnesses were related to the deceased cannot be a ground to discard their evidence
Precedent
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that the sanction given by the Govt
Ratio of the decision
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In the meantime, PW-1, PW-2 and PW-8 came to the house from whom PW-21 made certain inquiries and brought them along with Accused No. 3 and her two juvenile girls to the Police Station
Facts
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Keystone Knitting Mills Trade Mark(1929 (1) Ch
Argument
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whereupon the Chief Executive Officer on the body of the said application itself, made the following endorsement : "He may be tried in daily wages and should be entrusted with the work of progress collection of ODA work put with (Illegible
Argument
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Candidates so selected on the basis of merit amongst the minorities shall,however,abide by such condition in the matter of payment of tuition and other fee as may be permitted by the State Government
Facts
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It was stated that certain bills had been given to the petitioners to suit their convenience in tax matters and there was no such bill submitted to the petitioners by the respondents when the petitioner had agreed to extend the sponsorship from episodes Nos.27 to 52 and noticed the nature of the system of accounting maintained by them and held that the petitioners had got deductions in respect of the entire amount of the bill in the year which ended on 31 March 1984
Ruling by Lower Court
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It follows that the concept of legitimate expectation is 'not the key which unlocks the treasure of natural justice and it ought not to unlock the gates which shuts the Court out of review on the merits,' particularly, when the elements of speculation and uncertainty are inherent in that very concept
Ratio of the decision
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The said application was dismissed
Facts
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Upon consideration of oral and documentary evidence, the learned Additional Sessions Judge vide judgment dated 17.2.2000 convicted all the accused persons u/ss
Ruling by Lower Court
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Mahesh and Chandra Prakash were arrested on 29.11.2003,their identification parade was conducted on 13.12.2003 -(within a fortnight or so
Ratio of the decision
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Appellant was a tenant under the said respondent in respect of Plot No.17/8 admeasuring 1067 sq.m
Facts
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It is a hearing which follows a subordinate legislative activity intended to provide an opportunity to affected persons such as the manufacturers, the industry and the consumer public to bring to the notice of the subordinate legislating body the difficulties or problems experienced or likely to be experienced by them consequent on the price fixation, whereupon the Government may make appropriate orders
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 is sufficient to cause death in the ordinary course of nature
Precedent
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PW-9
Facts
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In "that book payments which used to be made by respondent No. 2 on the basis of slips issued by the respondent No
Facts
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State of T.N.and Others [(2001) 10 SCC 212],it was stated: "When we went through the grounds of detention enumerated by the detaining authority we noticed that there is no escape from the conclusion that the subjective satisfaction arrived at by the detaining authority was the cumulative result of all the grounds mentioned therein
Precedent
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376 of the IPC and sentenced to undergo rigorous imprisonment for 10 years and to a fine of Rs.5, 000/- and in default of payment to undergo further R.I. for one year and u/s
Facts
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from village Kotputli where the incident had taken place
Ratio of the decision
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Such a presumption can be drawn by the Court keeping in view the evidence produced by the prosecution in support of the substantive charge under Section 304-B of the Code
Ratio of the decision
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Rich Food Products (P) Ltd.would not be sufficient to prove that M/s
Facts
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The period referred to in sub-s.(3) shall be- (a
Statute
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A declaration of intention to make a scheme is to be notified whereafter a draft scheme may be published
Ratio of the decision
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On that score alone the High Court's order is unsustainable
Ratio of the decision
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The fact that otwithstanding overwhelming evidence particularly of his own admission at the time he denies that there were ever any crops when delivery of possession of the land acquired was taken by him, further reinforces the conclusion that he allowed the crops to be cut away with dishonest or fraudulent motive
Ruling by Present Court
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There is no evidence that that mark was used by anyone else in this country before the applicant,in connection with that class of goods
Precedent
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The enquiry is to be made from that angle and directed towards that end
Ratio of the decision
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Commissioner of Labour,1981 [II ] LLJ 54 1981 Indlaw AP 26,in which it was held that establishment of a canteen and its maintenance is a statutory requirement; under Section 46 of the Act a public duty is imposed on the company to establish and maintain the canteen; inasmuch as members of the respondent-union are working in the canteen they are entitled to seek a mandamus
Facts
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But we find it difficult to appreciate what seems to be the view of the High Court that because each `clause of s. 239 enunciates a separate principle those principles are, so to speak, mutually' exclusive and cannot be cumulatively resorted to for trying several persons jointly in respect of several offences even though they form part of the same transaction
Ratio of the decision
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In cases like the present where parties have acted on the assumption that no appeals had been filed against them and have proceeded to arrange their affairs accordingly it would be unjust to condone the delay in filing the appeals at the instance of the Government
Ratio of the decision
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The said seniority list was not prepared in terms of the classification of employees within the meaning of the 1961 Act and the rules framed there under but was based on the date of joining probably for the purpose of maintenance of records
Ratio of the decision
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Arbitrariness is the very negation of the rule of law
Precedent
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S. 233 provides that for every distinct offence of which any person is accused there shall be a. separate charge
Statute
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We are, therefore, of the opinion that the provisions of the Limitation Act have no application, so far as directions required to be issued by the Special Court relating to the disposal of attached property, are concerned
Precedent
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n Anadi Muktas case,the contention,similar to the present case,had been raised
Precedent
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In so far as some of the charges were concerned this Court pointed out that the Special judge who was to try the case should consider splitting them up so that the accused persons would not be prejudiced in answering the charges and defending themselves
Ratio of the decision
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It could not enlarge the scope of the reference nor could deviate therefrom
Ratio of the decision
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It was an exporter and held a valid licence therefor
Facts
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The latter are not appointed as a part of the spoils system
Precedent
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For determining the question of maintainability of an appeal against such a judgment of the Single Judge the Division bench has to find out whether in substance the judgment has been passed by the learned Single Judge in exercise of the jurisdiction u/art.226 of the Constitution
Precedent
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The learned Single Judge and the Division Bench held in favour of the Trust and quashed and orders of the Government and the University
Precedent
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The work of the extension of aerodynamic was entrusted to one Telu Ram, P.W. 8 Contractor, with whom the trusted to M.E.S. Department entered into an agreement on December 3, 1962
Argument
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Considering the above facts and circumstances,and gravity of the nature of the offence i.e.extent of construction raised by the accused for commercial as 11 shops at ground floor and 11 shops at first floor,I am not inclined to release the accused/convict on probation
Ruling by Lower Court
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Simultaneously,an application for registration of three trade marks An their favour was filed by the appellant on March 25,1982
Facts
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The post-mortem examination was also conducted by PW5 Dr. Ishwar Singh, Medical Officer, Civil Hospital along with Dr. Harwinder Kaur PW17 and it was found that Mukhtiar Kaur had two gunshot injuries on her dead body, a wound of entry on the back of right side of chest 2 cm x 1 cm with margining and blackening and a corresponding exit wound of 5 cm x 3.5 cm to the front of the right side of the chest
Facts
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We do not think in these circumstances there is any justification whatever for interfering with the concurrent findings of the Trial Court and the High Court that the Appellant is guilty of an offence under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act and consequently the appeal is dismissed
Ruling by Present Court
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Similar claim based on Art.142 has been negatived in several decisions by this Court,we need to refer only the latest decision of this Court in Manish Goel vs
Precedent
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A right can be waived by the party for whose benefit certain requirements or conditions had been provided for by a statute subject to the condition that no public interest is involved therein
Precedent
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These principles again found support in the decision of this Court in Chairman,Indore Vikas Pradhikaran vs
Precedent
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The flats have been sold on the basis of the joint liabilities of the Appellants together with Harshad Mehta and other companies as a group
Ratio of the decision
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So far as legitimate expectation aspect is concerned, it is too well known that the benefit extended can be withdrawn and with this knowledge if the units are set up, the principle of legitimate expectation does not apply
Facts
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It was also alleged that when PW-8 tried to intervene, the other three accused started assaulting her with fists and slaps
Facts
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