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The offer of a bonus is the means frequently adopted to secure continuous service from an employee to enhance his efficiency and to augment his loyalty to his employer and the employee's acceptance of the offer by performing the things called for by the offer binds employer to pay the bonus so called
Ratio of the decision
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As I have told you personally, we are keen to finalise the proceedings for the total area to be acquired by us and not by phses
Ratio of the decision
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1 and 2 surrendered before the police and on their surrender they were taken into custody
Ratio of the decision
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Statutory powers of the State of Kerala and the M.G.University
Ratio of the decision
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S. 3 of the Act provides for appointment and functions of the Custodian
Statute
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There is another thing which we would like to make clear
Ratio of the decision
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It was to be remembered that the mere fact that some of those were engaged in the industry, trade or commerce alleged'that they were incurring loss would not render the law stipulating the price unreasonable
Precedent
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42, 000
Argument
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the agreement must be to share profits of business; and (3) the business must be carried on by all or any of the persons concerned acting for all
Ratio of the decision
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The counsel appearing on behalf of the appellant did not state that it had waived its right so far as non-impleadment of M/s
Ratio of the decision
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1) of that section, in which case a judicial magistrate may exercise that power
Ratio of the decision
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It was not necessary for him to take that step only on the basis of a first information report
Precedent
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It is not in dispute that the tax liabilities of the Appellants individually were assessed on the basis of Best Judgment assessment
Ratio of the decision
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as already noticed is the letter of Telu Ram Jain to the Assistant Garrison Engineer and P. 10 is the letter of Telu Ram Jain to the Garrison Engineer
Ratio of the decision
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The identification parades belong to the investigation stage
Precedent
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Prosecution has led no evidence in that behalf either
Ratio of the decision
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Rejecting the submission this Court held:- "20.Sub-section (2) of Section 124 provides that if the decision or order is made by the Registrar,appeal lies to the Government and if the decision or order is made by any other person,or a cooperative society,the appeal lies to the Registrar
Precedent
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It paid 24 3 per cent
Facts
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Provision is also at times made for appointment of different dates for coming into force of different parts of the same Act
Facts
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In the course of his business the 2nd respondent has developed contacts and connections with important and renowned personalities,artists,technicians etc.in the film industry
Argument
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If it was the daughter's estate that was intended to be conferred, there can be no question that the estate taken by the grandsons is not a vested interest
Precedent
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Collector/District Magistrate and Anr.[(1992
Precedent
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We may,on the other hand,notice that Kumari Shrilekha Vidyarthi 1990 Indlaw SC 463 (supra) has been distinguished by this Court in State of U.P.and Others v
Precedent
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As late as on 22 April 1985,the petitioners communicated their displeasure on this display in the episodes as to the titles
Ratio of the decision
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As the said questions could be dealt with appropriately with reference to the statutory provisions which bear upon them,it would be convenient to advert to such statutory provisions here
Ratio of the decision
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We find from a careful analysis of the evidence that the testimony of PW9 to PW-15 regarding the incident at the video parlour is cogent and trustworthy and nothing has been brought out during the cross-examination of these witnesses which may cast any doubt about the correctness of the version given by them regarding the incident at the video parlour
Ratio of the decision
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It would however appear from Exh
Ratio of the decision
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Jain Industries to use the trademark
Facts
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The only thing which was urged by Shri N. C. Chatterjee in support of his contention was that the right to reside in the premises was given to the sevayats and that according to him detracted from the absolute character of the dedication
Argument
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Under the said Amendment Act,1999,as stated above,vide
Statute
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Learned counsel for the respondent on the other hand supported the judgment of the High Court
Facts
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Similarly, it is said that the Tehsildar N. L. Handa has not been produced
Ratio of the decision
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Order Accordingly
Ruling by Present Court
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The High Court thereafter discussed the facts mentioned hereinbefore about the order of the District Revenue Officer and the orders of this Court referred to hereinbefore
Facts
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Learned senior counsel appearing for the appellant further submitted that there was no good reason for letting the respondent off by granting to him the said benefit of POB Act,particularly keeping in view the large scale irregularity and unauthorized constructions carried by the builders in Delhi despite strict direction of the Municipal authorities and courts passing various orders from time to time against the unauthorized constructions
Argument
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State of W.B.(2004
Precedent
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Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration
Statute
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The respondent thereupon appealed to the Labour Appellate Tribunal which substantially agreed with the Industrial Court on questions of fact as well as the general position in law but imported considerations of social justice and treating this as a special case " where social justice would demand that labour should have bonus for the year where for that very year capital had not only a reasonable return but much in excess of that ", allowed the appeal and directed the appellant to pay to the workmen bonus at the rate of annas 4 per rupee within six weeks of their decision
Facts
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For legal purposes, expectation is not same as anticipation
Ratio of the decision
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Even in the case of Dr. Pratima Mehta wherein some excesses has been shown, if the interest is calculated for the last over 13 years of the amount received, the liabilities would exceed the assets
Argument
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Petition dismissed
Ruling by Present Court
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The petition is accordingly filed as withdrawn leaving the parties to bear their own costs
Facts
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1, it may be possible to create an interest analogous to a woman's estate in Hindu law notwithstanding the addition of a gift over and that the estate taken by S. need not necessarily be only a life estate in the English law sense of the term
Ratio of the decision
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He has been making false and wrong allegations against the Commissioner (Revenue) and putting him false position
Facts
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Therein a charge under Sections 376 and 302 IPC was sought to be substantiated on circumstanctial evidence
Argument
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respect
Ratio of the decision
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But,that is not all,in the 'Will'-Ex
Ruling by Lower Court
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This was not done
Argument
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From the above evidence,it is clear that the dowry demands were being raised by the accused persons persistently from the family of the deceased and for that they even harassed the deceased,by beating and abusing her
Ratio of the decision
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Jaswant Sugar Mills Ltd.vs
Facts
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Bhimsankaram regarding the abuse of powers under s. 342 his first contention was that long and involved questions were put to the respondents
Ratio of the decision
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Further,Sub-s.(3) of Section 65,Ss.67 and 68 of the Act read as under: "65 -Power of Government to sanction or refuse to sanction the scheme and effect of sanction
Statute
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In the opinion of one learned Judge, the circumstantial evidence, on which rests the prosecution case, was not sufficient to record a finding of guilty against the appellant on any of the charges framed against him
Facts
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Maharana Shri Bhagwat Singhji Bahadur of Udaipur v
Precedent
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Order, 1977, an Order made in exercise of the powers conferred upon Central Government by the Essential Commodities Act
Precedent
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Syed Ahmad Ishaque and Ors.(AIR 1955 SC 233 1954 Indlaw SC 212) held that the High Court while issuing writ of certiorari u/art.226 of the Constitution can only annul a decision of a Tribunal whereas u/art.227 of the Constitution it can issue further directions as well
Precedent
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The aforesaid principles have been consistently followed by this Court in several decisions
Precedent
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Kra.309/L-6 was preferred before the Minister for State
Ruling by Lower Court
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According to the learned counsel for the respondent unless a claim to property or rights over property was Made either by the State against any person or by any person against the State,there could be no occasion for the Collector to held an inquiry contemplated by s.37(2) of the Code
Argument
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Adhiyaman Educational & Research Institute
Precedent
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AIR 1968 All 246], 1967 Indlaw ALL 16 but as observed hereinbefore
Ratio of the decision
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It was enacted for dealing with an extra-ordinary situation in the sense that any person who was involved in any offence relating to transaction of any security may be notified whereupon, all his properties stand attached
Ratio of the decision
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The Collector has no power to adjudicate the dues under the U.P.Zamindari Abolition and Land Revenue Act and is merely a recovery agent to recover sums payable as arrears of land revenue,upon receipt of a valid Recovery Certificate
Argument
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PW-4),Junior Engineer,Civil Line Zone,visited 189 Prem Gali,Punja Sharif,Mori Gate where he found unauthorized construction going at the first floor of the said plot
Facts
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This contention can be shortly answered by referring to our decision in Bharat Bank Ltd., Delhi v. Employees of the Bharat Bank Ltd., Delhi, (1950] S.C.R. 459 1950 Indlaw SC 48; where we held that the Industrial Tribunals were tribunals within the meaning of article 136 and further that article 136 has vested in this, Court exceptional and overriding power to interfere where it reaches the conclusion that a person has been dealt with arbitrarily or that a Court or tribunal within the territory of India has not given a fair deal to a litigant
Ratio of the decision
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Referring the decision of the Bombay High Court in the case of Sambappa vs
Argument
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Incised wound was also present on the right lobe of size 3 cm x 1/3 cm x 3= cm
Facts
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Akhil Sibal,learned counsel also argued that the IPAB failed to have regard to the proviso to Section 46(1),in terms of which it is open to the registered proprietor to rely upon use of the registered trade mark during the relevant period in relation to 'goods of the same description',in order to resist an application for rectification
Argument
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The burden to rebut the presumption lies on the party,challenging the factum of service
Ratio of the decision
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The courts must interpret the law as it reads
Precedent
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If that was the intention, the testator would clearly have said that the daughter would only take the properties remaining after the death of the widow
Ratio of the decision
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The Court of Small Causes came to the conclusion on an analysis of the evidence before it and the terms of the three partnership deeds referred to hereinbefore that there was a genuine partnership in law which was acted upon
Ratio of the decision
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It must be remembered that although the wage scales were introduced as long ago as 1973 they were maintained at that level except for a slight revision some time thereafter
Ratio of the decision
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The three appellants are the State of West Bengal in appeal arising out of SLP (C) No.401 of 1993,the State Fishery Development Corporation Ltd.in appeal arising out of SLP (C) No.13516 of 1992 and Bansilal Farms in appeal arising out of SLP (C) No.13314 of 1992
Facts
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This is because the prisoners,for whose custody and care it is responsible,are in the prison in consequence of an order of the court,and the purpose and nature of their detention is a matter of public concern and interest
Ratio of the decision
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Dr. Harwinder Kaur aforesaid also took swabs from the vagina of the deceased and as per the chemical examiner's report dated 2.1.2003 semen was found on the swab taken from the vagina and from the underwear that Mukhtiar Kaur had been wearing at the time of her death
Facts
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In this context we reiterate the principle laid down by this Court in Authorised Officer,Thanjavur and another vs
Precedent
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Therefore,we are of the view that there should be a new trial after charging him with the offence of outraging the modesty of Sheela Devi
Ratio of the decision
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2006) 3 SCC 321 2006 Indlaw SC 65
Ratio of the decision
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The writ appeal shall be heard by the Division Bench on merits
Ruling by Present Court
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Thus the Tribunal held that these facts clearly indicated that the appellant exercised administrative,financial and disciplinary control over the workmen in question
Facts
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Again, the VESCO was shown as indebted to the Andhra Cement, ; to the extent of Rs
Argument
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Since the first respondent has also grievance in connection with the impugned order particularly with regard to non-consideration of its case under Section 56 of The 1958 Act,we refrain from going into the merits of the diverse contentions raised before us and leave the parties to agitate these contentions before the IPAB
Ratio of the decision
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Raju gave pharsi blows on the head of Sukhbir
Ratio of the decision
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1 SCC 1]2007 Indlaw SC 1341,this Court held: "The Copyright Act is not concerned with the original idea but with the expression of thought
Precedent
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Under the impression that the State Govt.was to grant permission,the appellant requested the State Government by letter dated 24.6.1995 for permission to start the college
Facts
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2 L.L.J. 247;"As
Ratio of the decision
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It has to be adjudicated upon
Ratio of the decision
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Now, if persons A, B and C are tried for an offence of murder what intrinsic difficulty would there be in trying X, Y and Z of abetment of the same offence
Ratio of the decision
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In so far as the remaining appellants are concerned,the evidence of the eye-witnesses and particularly of PW-3 and PWs 9 to 14 unmistakably connects them with the assault on the complainant party near the Jagdamba hotel and at the Math,resulting in the death of Popat and injuries being caused to PW9 and PW14.Despite searching cross-examination,nothing has been brought out in their cross-examination from which any doubt may arise about the participation of A-1,A-5,A-8,A-9 and A-11 in the assault or discredit the testimony of any of these witnesses
Ratio of the decision
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Karanth developed a new distinctive dance,drama troop or theatrical system which was named by him as 'Yaksha Ranga' which in his own words mean "creative extension of traditional Yakshagana" and,thus,the appellants infringed the copyright thereof by performing the same at New Delhi without obtaining her prior permission
Facts
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Issue No.1:-Whether the Hon ble Arbitral Tribunal has no jurisdiction to adjudicate upon the dispute between the Claimant and the Respondent for the period September,1998 to August,1999
Ratio of the decision
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It furthermore provides that any person entitled to claim damages in terms of S.82 of the Act should communicate the details of his claim to the Town Planning Officer
Statute
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Sub-cl.6 of Regulation 8 states that the State Level Committee constituted under Regulation 9(4) is to consider the recommendations of the State Government and others mentioned in regulation 8(4) and that it is to make its recommendations to the Central Task Force constituted under regulation 9(5) and consider the recommendations of the State Level Committee and send its recommendations to the Member Secretary of the Council
Ratio of the decision
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2) Abraded contusion below right knee and front of right leg,5 x 5 cm
Facts
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The operation of S.48(2) must be construed in such a way that the bona fide user even by a non-registered user,so long as there exist a rational connection between the proprietor of the trade mark and passes off the goods in the market manufactured by the appellant,is construed to be a bona fide user for and on behalf of the registered proprietor,namely,the respondents
Argument
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The said revision was decided by the Additional Commissioner,Pune by order dated 22.11.2001 and the said revision was dismissed
Facts
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At any rate on the 23rd March, 1963 P.W. 8 has again written to the Garrison Engineer namely the Appellant that the excavation of the taxi track could not be proceeded with for want of alignment to be given which was pending for want (because) of standing crops, in the land, the possession of which has not been given so far
Ratio of the decision
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The Khasra Girdawari Ex
Ratio of the decision
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2) of Section 4, however, provides for a hearing as regard correctness or otherwise of the notification notifying a person in this behalf, in the event, an appropriate application therefor is filed within 30 days of the issuance of such notification
Statute
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