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6 RPC 311
Argument
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They were subsequently arrested on different dates
Facts
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S.8 deals with 'principles and method of determining compensation either for requisitioning or acquisition of the property and,inter alia,provides for appointment of an arbitrator in certain contingencies in case there was no agreement for determining compensation
Statute
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For the purpose of fixing punishment, proportionate to the gravity of this generic offence, the Code practically recognises three degrees of culpable homicide
Precedent
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Let the statement of learned counsel for the petitioner be recorded
Facts
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We have earlier adverted to Ext
Ratio of the decision
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Rani Dhun Kaur should not take an absolute estate, but that she should be succeeded in her estate by her two daughters
Precedent
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The conviction of second accused Rajbir
Ruling by Present Court
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The phrase has been variously construed depending on the context in which it occurs
Precedent
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From the evi-dence of Shalu, PW7 such an inference cannot be drawn
Ratio of the decision
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s.37.The assignor cannot obviously transfer more rights than he himself has to the assignee under the Act
Ratio of the decision
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ix)The sale of commercial property had never been seriously contested by the Appellants and in fact the contention of the Appellants herein before the Special Court was that if the commercial properties were sold, there would be no need to sell the residential properties
Argument
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The appellant also prayed for an interim order in the suit
Facts
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State of UP [2004 (5) SCC 334 2004 Indlaw SC 247],Dumpala Chandra Reddy vs
Precedent
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If no harassment to the accused results from the action of a police officer how can it be said to defeat the purpose underlying Section 5-A
Precedent
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2 of the Standard Standing Order reads as under : "2
Statute
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After hearing learned counsel for the parties we were satisfied that the learned Single Judge as well as the Division Bench both had committed error in allowing the writ petition and granting relief to the respondent
Facts
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It is made clear that this order is made on the assumption that the petitioners are minority institutions
Ratio of the decision
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The true legal drill is
Ratio of the decision
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In the heat of passion, the accused have caused injuries to the complainant party
Ratio of the decision
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A basic and obvious test to apply in such cases is to see whether there is any discernible principle emerging from the impugned action and if so, does if really satisfy the test of reasonableness
Ratio of the decision
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Meanwhile, Accused No. 3 started abusing PW-1, PW-8, PW-18, and the deceased Rauji
Facts
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The authority while so determining shall take into consideration the liability of the Company as on 28th October,1984,including labour charges,Sales Tax,loan amount given by the State Government etc.if payable
Ruling by Present Court
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For the purpose of showing that no amounts were received by the firms, their account books would thus be as relevant as the VESCO account books for the purpose of showing the contrary
Ratio of the decision
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Rajesh Syal (2002) 8 SCC 158 2002 Indlaw SC 1146,Govt.of W.B.v
Precedent
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3) of S. 3 should be literally construed and so construed, all properties belonging to the notified person shall be subject to attachment which may, consequently, be applied for discharge of his liabilities in terms of S. 11 of the said Act
Precedent
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Respondent No.4 was owner of both plot
Ratio of the decision
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x 3 cm with punctured wound; (6) incised wound over right costal region of size 3 cm x 2 cm x 1 cm
Facts
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He contended that the first respondent is not shown to have ever traded or intended to trade in any goods covered by the appellant's registrations under Classes 7 and 16 and as such the first respondent is not a 'person aggrieved' with regard to the appellant's registrations under these two classes
Argument
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If the accused had killed the deceased and stolen those golden jewellery,there is no reason as to why he had also not taken ear rings from the deceased
Ratio of the decision
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State of Uttar Pradesh 1951 Indlaw ALL 27 that these are technical words used in cases in which a persons services are terminated by way of punishment
Precedent
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Appeal allowed
Ruling by Present Court
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M.Madhusudana Reddy,LW-13 who was the Associate Professor in Forensic Medicine at Guntur Medical College,performed the post-mortem over the body of the deceased
Ratio of the decision
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Appellants are,thus,before us
Facts
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The respondents had not been validly appointed and in that view of the matter,the question of their case being considered for promotion and/ or recruitment by the DPC did not and could not arise
Ratio of the decision
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The benefit has to be calculated for the aforesaid two periods on the basis of the average daily wage
Ratio of the decision
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The learned counsel would submit that in fact no appointment letter was issued to the Appellants
Argument
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Thereafter, according to PW-1, Accused No. 3 handed back the knife to the appellant and Accused No. 2 brought the oil lamp which was hung in the room and hit the oil lamp on the head of Rauji, the deceased
Facts
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But, in this case, the orders of assessment have been set aside
Ratio of the decision
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The High Court negatived the contentions urged by the appellants and took the view that in the determination by the competent authority under s.2 (4) (i) of the Act that the respondent's Jagir was a proprietary one there was implicit decision that the respondent was a grantee of the soil which included sub-soil entitling him to mines and mineral products and as such a further inquiry by the Collector under S.37(2) of the Bombay Land Revenue Code was incompetent and without jurisdiction and,therefore,the Collector's order dated February 23,1973 was liable to be quashed
Ruling by Lower Court
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All ER 609
Precedent
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On November 22,1996,the Calcutta High Court by an ad-interim order restrained the first respondent from using the word 'Infosys' in any manner in relation to the goods for the time being
Facts
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Upon a review of decided cases and a survey of the occasions,wherein the High Courts have exercised jurisdiction to command a writ of certiorari or to exercise supervisory jurisdiction u/art.227 in the given facts and circumstances in a variety of cases,it seems that the distinction between the two jurisdictions stands almost obliterated in practice
Precedent
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When confronted with her aforesaid statement under Section 161 Cr
Facts
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V.State of Madhya
Precedent
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Shashi Tripathi had brought him home from Bilaspur
Facts
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In 2007,however,the first respondent filed a suit in the Court of Additional District Judge,Delhi for setting aside the decree dated November 10,2004.That suit is said to be pending
Facts
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The Collector may appoint to each district as many persons as he thinks fit to be Circle Officers and Circle Inspectors to be in charge of a Circle,and one or more Talathis for a saza,and one or more Kotwals or other village servants for each village or group of villages,as he may deem fit
Statute
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This section provides that the following persons may be charged and tried together, namely : (1) persons accused of the same offence committed in the course of the same transaction; (2) persons accused of abetment or an attempt to commit such an offence; (3) persons accused of different offences committed in the course of the same transaction
Ruling by Lower Court
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It was further held that whether there was subletting was not a mixed question of law and fact
Precedent
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For determination of the issue involved in C.A.Nos.7122 of 2003,7123-7124 of 2003,7125 of 2003 and 7126-7129 of 2003 relevant factual matrix of the case is as follows
Facts
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ii) Dr
Argument
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112 1993 Indlaw SC 575 applicable only to those institutions which are found to be MEIs on verification by the Government and not to those who are not found to be MEIs on such verification
Facts
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State of M.P.(AIR 1989 SC 1890 1989 Indlaw SC 443).The circumstances from which an inference as to the guilt of the accused is drawn have to be proved beyond reasonable doubt and have to be shown to be closely connected with the principal fact sought to be inferred from those circumstances
Ratio of the decision
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41 Grey Street was ;allotted to the branch of Rajendra and the remaining portion was allotted to jogendra absolutely and in consideration of a sum of Rs
Facts
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vs. state of Jammu & Kshmir & Ors
Precedent
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Applications under Sections 46 and 56 may be made to the Registrar who is competent to grant the relief."Persons aggrieved" may also apply for cancellation or varying an entry in the Register relating to a certification trade mark to the Central Government in certain circumstances
Precedent
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The interim order passed by this Court shall continue for the aforesaid purpose
Facts
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In Janak Raj v. Gurdial Singh and Anr
Precedent
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Accordingly,on 29th June,1998 an addendum was signed between the parties whereby the validity period of Charter Party was extended for one month with an option for two further extensions for a period of 15 days each
Facts
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The deceased and the injured were only then shifted to Tuni Hospital
Precedent
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Holmes once commented: 'It is revolting to have no better reason for a rule of law than that
Ratio of the decision
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1939, Ext
Facts
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Thus we find absolutely no merit in this petition
Ruling by Present Court
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No doubt, for this purpose he has to proceed to the spot where the offence was committed and do various other things
Precedent
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If the documents are interpreted that the petitioners are the sponsors as well as the producers it would lead to absurd results
Facts
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On that basis,the following charge was framed by the Judicial Magistrate,First Class,Karnal,against the appellant - "That on 23.3.1996,after having made preparation for causing hurt or assault,you committed house trespass into the house of Smt
Facts
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ELT
Precedent
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III to the Code a Magistrate, First Class, has the power to grant pardon under s. 337 but it is limited by the proviso thereto to certain classes of cases
Ratio of the decision
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The discovery must have been in consequence of some information received from the accused and not by the accused's own act
Ratio of the decision
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it stood on 19.10.06 under the Patents (Amendment) Act,1999.On that date,the amended Section 117A,suggested by Patents (Amendment) Act,2005,was not brought into force
Ratio of the decision
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If ...he frames his suit in a manner not warranted by the facts,and goes for his relief to a court which cannot grant him relief on the true facts,he will have his suit dismissed
Ratio of the decision
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The learned Special Court, having not arrived at such a finding, this Court is not in a position to go into the correctness or otherwise thereabout
Ratio of the decision
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27,Section 28,Section
Statute
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No other evidence would be permissible as the State has not chosen to give any other evidence
Facts
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c) they could be tried together because the offences are of the same kind
Ratio of the decision
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It may be mentioned that by the time the revision petition came to be decided by the High Court the suit had been decreed in his favour directing a dissolution of the said partnership and directing taking of the accounts
Ratio of the decision
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The respondent workers cannot be held to hold any posts to claim even comparison with the regular and permanent staff for any or all purposes including a claim for equal pay and allowances
Precedent
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g) Adjustments relating to previous years
Ratio of the decision
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It takes away the valuable right of a registered proprietor
Ratio of the decision
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Section 17 of the Act deals with "First owner of copyright",in terms whereof,subject to the provisions of the Act,the author of a work shall be the owner of the copyright therein
Statute
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Several charts have been filed before us by the Appellants to show: (i) liabilities have been exaggerated by the Custodian
Argument
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Any person aggrieved by the absence or omission from the register of any entry,or by any entry made in the register without sufficient cause,or by any entry wrongly remaining on the register,or by any error of defect in any entry in the ' register,may apply in the prescribed manner to a High Court or to the Registrar,and the tribunal may make such order for making,expunging or varying the entry as it may think fit
Statute
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The respondents strongly contended that the serial "Hum Log" was produced by the petitioners in collaboration with M/s Concept Advertisers
Argument
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6) Unlike in case of fisheries etc
Ruling by Lower Court
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He has a right to object to the acquisition and/or the quantum of compensation
Precedent
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Renuka Singla (1996) 8 SCC 90 1996 Indlaw SC 2663,State of U.P.v
Precedent
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In other words,the offence shall be deemed to have been committed by fiction of law
Ratio of the decision
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It was incorporated and registered under the Companies Act,1956 on July 2,1981 in the name of Infosys Consultants Private Limited
Facts
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Bigen Industries Ltd.2006 (197
Precedent
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Before concluding we may refer to the Judgment of this Court in the case of Commissioner of Central Excise,Mumbai v
Precedent
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The force of these observations constrains us to direct that the proceedings before the Compensation Officer shall be completed within six months from today
Ruling by Present Court
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However,the defendants questioned the judgments and decrees of the trial court and the appellate court by filing a second appeal against the same in the High Court of Gujarat
Facts
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Basic averments for invoking such a jurisdiction were already pleaded in the writ petition for the High Court's consideration
Precedent
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In Kalyan Chandra Sarkar v
Precedent
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Administrative, quasi-judicial decisions tend to merge in legislative activity and, conversely, legislative activity tends to fade into and present an appearance of an administrative or quasi-judicial activity
Ratio of the decision
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w.e.f.1.1.2005.But when it came to filing of first appeal for some unknown reasons,the amended Section 117A (which provided for only one statutory appeal and that too against post-grant orders passed by the Controller) was not brought into force
Ratio of the decision
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Satnam Singh conveyed this information to Sarpanch Jora Singh PW1 who was attending a marriage at that time
Facts
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The contention of the Appellant to the effect that the income tax dues should have been considered at the point of time when they become recoverable cannot be accepted having regard to the 3-Judge Bench decision of this Court in B.C. Dalal 2005 Indlaw SC 1826 (supra) wherein this Court categorically held that in absence of any order of stay granted by the higher court, the liabilities would remain
Ratio of the decision
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P.C. and in reply he stated 'Galat Hai' (not correct
Ratio of the decision
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context