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is not attracted to the facts in this case
Ratio of the decision
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A ceiling fan was lying with the witness and he gave that to his son in law,however,he protested the same on the ground that the old fan is not acceptable to him and he would like to have a new fan,which was bought for Rs.650/by the witness and given to his son-in-law
Ratio of the decision
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Seth Gendalal Motilal Patni (1966 (3) SCR 198 1966 Indlaw SC 395),Arbind Kumar Singh v
Precedent
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But it rejected the demand of the Union for dearness allowance on the basis of a slab system,because that would have imposed an unacceptable burden on the appellant's financial capacity and there was no reason why the existing scheme of dearness allowance should be disturbed when a substantial increase was being made in the level of the basic wage
Facts
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2) Unless the State Government directs otherwise,all revenue officers in a division shall be subordinate to the Commissioner,and all revenue Officers 2[in a district (including the City of Bombay)] shall be subordinate to the Collector
Statute
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See: Supreme Court Bar Association 1998 Indlaw SC 688 (supra
Precedent
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In Willie (William) Slaney vs
Precedent
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v) The assets and liabilities of each of the entities having been audited by the Chartered Accountants, it is evident from the reports that in all cases liabilities exceed the assets
Argument
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90, 000/- for this period
Facts
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These furnish in bare outline the provisions with which we are directly concerned
Statute
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Chandrakant M.Patel & Ors.,[1974] 3 SCR 267 1974 Indlaw SC 282 the question involved was whether there was reasonable and bona fide requirement of premises for personal use and occupation as also the question of greater hardship under the Bombay Rent Act and the ambit and scope of the power of Section 29(3) of the said Act with which we are concerned came up for consideration
Precedent
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Therefore,the first question that had to be decided by the Appellate Court being the Court of Small Causes,Bombay and if a revision lay before the High court was whether there was any genuine partnership
Ratio of the decision
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It was contended that in any case, whatever be the nature of the enquiry and the order contemplated by paragraph 3, the review for which provision made by paragraph 27 was certainly of a quasijudicial character and, therefore, it was necessary that the manufacturers should be informed of the basis for the fixation of the price and furnished with details of the same in order that they may truly and effectively avail themselves of the remedy of review
Argument
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Thus,if some performance or dance is carried out within the purview of the said clause,the order of injunction shall not be applicable
Ratio of the decision
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The respondent has been paid a sum of Rs.1,04,170 towards salary under the interim orders of this Court
Ruling by Present Court
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This aspect is important since one of the arguments advanced by the appellants herein before the Commissioner (A) was that the trade mark belonged to M/s
Argument
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him by the landlord (lessor) on a mortgage by conditional sale as would debar the tenant from desisting the suit of the landlord mortgagor for recovery of possession of such property by obtaining decree for redemption of the mortgage
Ratio of the decision
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Appeals allowed
Ruling by Present Court
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It is during this interregnum that respondent no.3 filed its FAO No.293/06 in the High Court under Section 116,as
Ratio of the decision
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It was further contended that the respondent has not contested the revision in the High Court on merits and confined his submission to the benefit of Section 4 of the POB Act being extended to him
Argument
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He used to run a business of marble and stone therein
Facts
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It is open to the subordinate legislating authority to adopt a rough and ready but otherwise not unreasonable formula rather than a needlessly intricate so-called scientific formula
Argument
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All these factors were present before the Court of Small Causes
Ratio of the decision
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The courts while passing a decree for permanent injunction would avoid multiplicity of proceedings
Ratio of the decision
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The judgment and order dated 23 February 2005 of the High Court and the judgment and order dated 04 January 1993 of the learned Sessions Judge convicting the appellants under Section 304-B IPC are set aside and the appellants are acquitted of the said charge
Ruling by Present Court
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Sub: Transfer from Surat to Ukai
Facts
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We are,therefore,of the opinion that the letter dated 24.4.1974 was served on the respondent and he refused to accept the same
Ratio of the decision
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an order his right to the value of those trees had to be adjudged and paid
Facts
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1963) 1 SCR 1 1962 Indlaw SC 340,16],CIT v
Precedent
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However,the court rejected the said application vide order dated 01.12.2009 observing that the court was not competent to waive the required statutory period of six months under the Act and such a waiver was permissible only under the directions of the Supreme Court as held by this Court in Anil Kumar Jain vs
Precedent
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Apart from this, the question whether the provisions of ss
Ratio of the decision
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For the said public purpose,viz.,widening of the road,867 sq.m.of land was taken over leaving only 200 sq.m.of land
Facts
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The two learned Judges, constituting the division bench, differed in their opinion
Facts
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The said nine flats, it is said, were merged and redesigned for joint living of the entire family
Facts
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No witness has spoken that those clothes were worn by the accused at any time far less at or about the time of occurrence
Ratio of the decision
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The direct recruits were appointed in accordance with Rule 5(a) read with Appendix A of U.P.Forest Service Rules,1952 for short 'the Rules'.Their seniority shall be counted from the date of their discharging duties of the post of Asstt
Precedent
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All three accused used to beat her for the remaining amount of dowry
Ratio of the decision
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A suit was instituted by the son's daughter for the recovery of possession of her share in one item of property forming, part of the estate which had been sold by S
Precedent
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Learned counsel argued that even otherwise till the vessel was not re-delivered in terms of Cls.4 and 23 of Charter Party dated 6th May,1997,the said agreement could not come to an end
Argument
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In the case of a literary,dramatic,musical or artistic work (other than a photograph),which is published anonymously or pseudonymously,copyright shall subsist until sixty years from the beginning of the calendar year next following the year in which the work is first published
Statute
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Raju (A-2) gave a pharsi blow on the head of Sukhbir, Jage Ram (A-1) caused injury to Jagdish (PW-5) with two jaily blows
Facts
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The prosecution case was then put to the accused and his statement recorded u/s
Facts
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On the basis of the said report,an FIR for offences under Section 302/307/149/147/148 IPC was registered vide CR No.101 of 1990 at about 6.00 p.m
Facts
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We cannot, however, give the expression such a restricted meaning
Ratio of the decision
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From the above order it is apparent that the facts which the Central Govt
Ratio of the decision
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Later,PW-1 was transferred to Vijayawada
Facts
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Learned Additional Solicitor General submitted that due to non-supply of documents which were not vital or have merely been referred to as incidental,the order of detention may not become vitiated as was been held by this Court in Kamarunnissa v
Precedent
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Learned counsel submitted that the State Government is the supreme revenue authority and existence of more than one appeal or revision to an aggrieved party is not per se abhorrent to any legal principle; depends upon the Statute
Argument
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7) incised wound on right supra mammary region near middle of size 4 cm x 1 cm x
Facts
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But when the prosecution relies upon the proof of Ex
Ratio of the decision
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Accordingly,this decision is of no help to the appellants
Ratio of the decision
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Denial by an accused of an assertion made by his employer that the accused was on leave of absence from duty on the date of offence does not, by any stretch of reasoning or logic, amount to pleading alibi
Ratio of the decision
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It is again due to mistakes committed by the authorities concerned that the matter is being remitted back to the Compensation Officer for disposal
Ratio of the decision
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Certainly the Chief Conservator cannot be ignored by the Compensation Officer nor can the Chief Conservator ignore the assessment made by the Forest Officer and go through an independent exercise
Ratio of the decision
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State of Gujarat,(2011) 6 SCC 312 2011 Indlaw SC 370,submitted that in spite of limited notice,this Court,while exercising jurisdiction u/art.142 of the Constitution,in order to do complete justice while hearing the matter finally can go into the merits of the orders passed by the trial Court and the High Court
Argument
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In these appeals the dispute relates to payment of compensation pursuant to acquisition of land of respondent-M/s
Facts
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Quite often the commencement of an Act is postponed to some specified future date or to such date as the Appropriate Government may,by Notification in the Official Gazette,appoint
Facts
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The question then is: whether the discretion has been properly exercised by both the Division Bench as well the single Judge in refusing to take off the trade mark from the register by striking off trade mark from the register of the Registrar of Trade Marks
Ratio of the decision
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It was an arranged marriage
Facts
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If that was so,there was nothing that could be clone about such a view,within the ambit and scope of the power of section 29(2) of the Rent Act
Ratio of the decision
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1) of s. 337 on the different clauses of Magistrates is of the same character
Ratio of the decision
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It is not in dispute that the provisions of the Prevention of Corruption Act,1988 alone are applicable since the incident occurred on 14.11.1997 i.e.subsequent to the Act
Ratio of the decision
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Ors.[(2008) 8 SCALE 354 2008 Indlaw SC 1395],this Court held : "We do not find any force in the aforementioned submission
Precedent
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Caltex (India) Ltd
Precedent
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Petition No. 64 of 1998, disposed of on 17th August, 2000] wherein allegedly a dichotomy between sale and distribution was sought to be resolved in terms of the decision of this Court in Harshad Shantilal Mehta
Ratio of the decision
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There the testator made a will in favour of his wife providing, inter alia
Precedent
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Thus,there is no consistent stand regarding the year of commencement of tenancy or under whom,Gondappa,the father of the respondents 3 and 4 became the tenant
Facts
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Order, 1979 defines 'bulk drug' to mean "any substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacological or other standards accepted under the Drugs and Cosmetics Act, 1940, which is used as such or as in ingredient in any formulations
Statute
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He had also given the approximate yield and the rate at which the crop can be valued with which the Collector agreed and awarded compensation
Ratio of the decision
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Its Workmen
Ratio of the decision
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No.23,but it appears that the words "to each employee" after the figure "Rs.150/-" were omitted
Ruling by Lower Court
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Nor again, do we think that there is any substance in the complaint made that the respondents had no opportunity of referring to the documents to which reference has been made in certain questions
Ratio of the decision
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On the 24th July, 1945, the widow describing herself as an absolute owner of the properties of her husband sold one of the items of the property to the 2nd defendant for Rs. 500
Facts
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S.215 of the Code however clarifies that no error in stating either the offence or the particulars required to be stated in the charge,and no omission to state the offence or those particulars,shall be regarded at any stage of the case as material,unless the accused was in fact misled by such error or omission,and it has occasioned a failure of justice
Statute
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Syed Ahmad Ishaque (AIR 1955 SC 233 1954 Indlaw SC 212) before this Court was of such a type
Precedent
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The trial court for the purposes of consideration of the evidence divided the prosecution case into three parts namely; (i) the incident at Vrindavan video parlour (ii) incident near Jagdamba hotel and (iii) the incident at the Math
Facts
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this Court held that the charge as framed disclosed a single conspiracy although spread over several years, that there was one object of the conspiracy and that was to cheat the members of the public, that the fact that in the course of years other joined the conspiracy or that several incidents of cheating took place in pursuance of the conspiracy did not have the effect of splitting the conspiracy into several conspiracies
Precedent
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If it is found,on a trial on the merits so far as this issue of jurisdiction goes,that the facts alleged by the plaintiff are not true and the facts alleged by the defendants are true,and that the case is not cognizable by the.court,there will be two kinds of orders to be passed
Ratio of the decision
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A.P.Khiste
Ratio of the decision
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State Level Committee etc
Ratio of the decision
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The clause in S.10(1) which is important in the present case is subcl.(k) of s.10(1) and it provides that the Council might "grant approval for starting new technical institutions and for introduction of new courses or programmes in consultation with the agencies concerned
Statute
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After expressing himself in categoric terms about the capacity of the company to bear the additional financial burden,the Tribunal went on to say: "I only propose to modify the existing structure of the scales with flat increases in each category".The Tribunal then considered the question whether Draftsmen should get a higher flat increase and the question whether the existing scheme of Dearness Allowance should be revised
Facts
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from the lands from which he was evicted, he would be entitled to claim compensation for the improvements made by him
Argument
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In Hindustan Development Corporation's case1993 Indlaw SC 1085 (supra), it was observed that decision taken by the authority must be found to be arbitrary, unreasonable and not taken in public interest where the doctrine of legitimate expectation can be applied
Ratio of the decision
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Perusal of the averments made in paragraphs 17,18,23 and 25 (2)(ii) of the counter-affidavit filed in reply to the petitioner's writ petition before the learned Single Judge shows that the Board had categorically pleaded that the respondent was informed by letter dated 24.4.1974 that his representation to postpone his transfer was rejected and he should obey the order of transfer
Ratio of the decision
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Order, belong to a class of persons who are well and fully informed of every intricate detail and particular which is required to be taken into account in determining the price
Ratio of the decision
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Sale of commercial properties has never been seriously contested by the Appellants
Ratio of the decision
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In Halsbury's Laws of England,Volume 16(2),4th edition,para 907,it is stated: "The expression 'waiver' may,in law,bear different meanings
Ratio of the decision
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Malini Mallya alone
Facts
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It may be stated that the finding that the possession of the appellant ,commenced after his application for registration was rejected in 1919, and the improvements, if any must have been effected only thereafter with full knowledge that the title to the lands was in dispute between the Illom and the Government, is unassailable
Ratio of the decision
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Such an order cannot be upheld also on the ground that the employees allegedly served the cooperative societies for a long time
Precedent
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19,Section
Statute
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If the respondent company was really the proprietor of the mark and also the owner of the goods one would expect some such words as "Manufactured by Kipre and Co.for Brandon and Co.,Private Ltd
Ratio of the decision
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He vehemently contended that goods in Classes 7,9 and 16 for which the appellant obtained registration were never used in the manner contemplated by The 1958 Act for almost 30 years and that would show the mala fide intention of the appellant in having the same registered for the purpose of squatting and trafficking
Argument
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Appeal dismissed
Ruling by Present Court
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2) is borne out by Illustration (b) appended to S. 300
Precedent
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After considering the report of the Commission and the report of the local inquiry,if any,and after making such further inquiry as it may deem necessary,the Syndicate shall decide,after ascer-taining the view of the Government also,whether the affiliation be granted or refused,either in whole or part
Statute
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It was argued that such a power was implicit within the acts she was authorized to do, that is to say, when she was directed to pay the debts and settle the maintenance of Ramalakshmi it was implicit within these directions that for these purposes, if necessity arose, she could alienate the properties
Argument
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demand for dowry is not established, the conviction of the appellants cannot be sustained
Ratio of the decision
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Rupa Bipin Zaveri (1997) 4 SCC 226 1997 Indlaw SC 2568,Kiran v
Precedent
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