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Meghraj Biscuits Industries Ltd.(appellants herein).As stated above,there is no proof of acquisition on payment or consideration by the appellants to M/s Kay Aar Biscuits (P) Ltd
Ratio of the decision
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And my wife has powers to do in the same way as I have absolute powers to do when I am present, and in case of my wife's death, my daughter Mahalaxmi is owner of the said property after that
Precedent
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On 15.11.1997,at 7.30 a.m.,an FIR was registered by the Inspector,CBI,Visakhapatnam Branch in Crime No.RC 20(A)/97-VSP.After recording the statements of the witnesses,Inspector of Police,CBI,Visakhapatnam filed charge sheet being No.2/98-YTR dated 29.04.1998 against the appellant-accused for an offence punishable under Sections 7,13(1)(d)(ii) read with S.13(2) of the Prevention of Corruption Act,1988 (hereinafter referred to as "the Act") in the Court of Special Judge for CBI Cases at Visakhapatnam
Facts
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The principles for the grant of bonus were discussed and a formula was evolved by the Full Bench of the Labour Appellate Tribunal in Millowners' Association, Bombay v. Rashtreeya Mill Mazdoor Sangh, Bombay, (1950
Ratio of the decision
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He was discharged on bail on 6.1.2004.Several inquiries were conducted both inside and outside India
Facts
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His brother -Shivendra studies at Calcutta
Facts
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The Court while exercising its discretion u/s.46 should look into not only commercial interest of the parties but also public interest
Argument
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Admitted position is that the respondent being the registered proprietor,until it is proved that its trade mark was not used to pass off the goods manufactured by the appellant and that the appellant had discontinued the user and 5 years lapsed thereafter,the non-use of the trade mark continues thereafter,the rectification application u/s.46 (1)(b) would be ordered
Argument
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Span Diagnostics Limited,respondent No.3 herein,is a public limited company established in 1972 to indigenously develop and manufacture a comprehensive range of ready-made diagnostic reagents made by clinical pathology laboratories
Facts
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Some of the prosecution witnesses including the deceased,PW9 and PW14 were already standing near the Jagdamba hotel
Facts
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In his cross- examination he has admitted that his statement that he had given Rs.20,000 in dowry at the time of marriage was incorrect and in fact he had given Rs
Facts
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In Anadi Muktas case this Court examined the various aspects and the distinction between an authority and a person and after analysis of the decisions referred in that regard came to the conclusion that it is only in the circumstances when the authority or the person performs a public function or discharges a public duty Article 226 of the Constitution can be invoked
Ratio of the decision
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Immediately after the incident, hearing cries of passengers, the driver of the bus stopped the bus
Precedent
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Since,these demands were not satisfied instantaneously,he even left the deceased at her parental house
Ratio of the decision
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the appropriate authority shall prosecute him under s.188 of the Indian Penal Code
Statute
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By an order dated 30th January, 2004, while admitting the appeals, this Court directed: "The learned counsel for the Custodian brings on record the result of the bids and the order of the Special Court dated 17.December.2003 and 20.January.2004
Facts
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Civil Appeal No. 2795 of 2004] and The Kedarnath Jute Mfg
Argument
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The Reference was numbered I.T.No.292 of 1975
Facts
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Thereafter there was an order appointing arbitrator on 29th of March,1975
Ruling by Present Court
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The following principles relating to sections 212,215 and 464 of the Code,relevant to this case,become evident from the said enunciations: (i
Ratio of the decision
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Mehta that the partnership deed was a camouflage
Ratio of the decision
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Section 2 is the interpretation section
Statute
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In this view,we are of the opinion that the Division Bench was totally wrong in holding that no opportunity was afforded to the respondent to meet the case set up by the Board that the letter dated 24.4.1974 was served on the respondent
Ratio of the decision
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My dear Mr. Nagpal, I am writing to you With regard to
Ratio of the decision
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The appellant opposed these applications on diverse grounds by filing counter affidavits
Facts
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In Shree Meenakshi Mills Ltd. v. Union of India, [1974
Precedent
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There is no evidence on record before us to hold either way for no such issue was raised either before the trial court or before the High Court nor any evidence was led by the defence in respect of the said issue which is sought to be raised at this stage
Ratio of the decision
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During the survey made at the place of occurrence, PW-21 noticed some blood-stains in the front courtyard of the house and a pipe of length of about 1 foot or slightly less lying in the courtyard having blood-stains
Facts
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A CT scan disclosed that large extra-dural haematoma was found in the frontal region with mass effect and Sukhbir needed urgent surgery and he was operated upon and the large extra-dural haematoma was removed
Facts
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According to Jarman (Jarman on Wills), the law leans in favour of vesting of estates and the property disposed of belongs to the object of the gift when the will takes effect and we think the daughter got under this will a vested interest in the testator's properties on his death
Ratio of the decision
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In order to remedy this shortcoming in the Act of 1894,an amendment by way of incorporation of Section 5A was introduced on 11th July,1923.The Statement of Objects and Reasons for the said Amendment is as follows: "The Land Acquisition Act I of 1894 does not provide that persons having an interest in land which it is proposed to acquire,shall have the right of objecting to such acquisition; nor is Government bound to enquire into and consider any objections that may reach them
Statute
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On the other hand,in Form No.7 filed by Gondappa,the father of the respondents 3 and 4,he alleged that he was the tenant under the 5th respondent in respect of the land in dispute from the year 1968
Facts
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The State while offering appointments,having regard to the constitutional scheme adumbrated in Arts.14 and 16 of the Constitution of India,must comply with its constitutional duty,subject to just and proper exceptions,to give an opportunity of being considered for appointment to all persons eligible there for
Ratio of the decision
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Ashwani Kumar,learned senior counsel appearing for the appellant,Mr
Ratio of the decision
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1 M.L.J. 268
Precedent
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On the other hand what the plaintiff (appellant) stated shows that no opportunity was given to him to remove the movable improvements, such as cultivation, cattle, machines, utensils, houses, stocked crops, ripe crops etc. which belonged to him
Ratio of the decision
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The said irregularities and malpractices led to the diversion of funds from banks and financial institutions to the individual accounts of certain brokers
Statute
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The Division Bench upheld the order of the learned Single Judge holding the order of discharge illegal and void but it set aside the order of the learned Single Judge refusing to grant consequential relief instead it directed the appellants to reinstate the respondent,and to treat him in service without any break in service and to grant him benefits of increments,seniority,and promotion to which he may be entitled under the rules
Facts
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The further contention urged on behalf of the appellants in regard to the disallowance of the sum of Rs
Ruling by Present Court
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The process of regularization involves regular appointment which can be done only in accordance with the prescribed procedure
Precedent
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As noted herein earlier,since section 121A of the Act clearly empowers the High Court to look into the legality of the orders impugned,therefore,it would be open to the High Court to consider the material evidence on record,when it finds that such evidence was not at all considered by the tribunals below or when the conclusion arrived at by the tribunals below run contrary to the materials on record or when it finds that there is no evidence to support the conclusion of the tribunals below or that the reasons given by the tribunals below are absolutely perverse or a finding was such that no court would come to such a conclusion or that the decisions of the tribunals below were manifestly unjust
Ratio of the decision
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The terms and conditions; exceptions and exemptions contained in the Charter Party dated 6th May,1997 remained unaltered
Facts
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Rev
Argument
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h
Ratio of the decision
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A similar principle applies to the award of interest which may sometimes be notional when feudal interests are puffed out
Ratio of the decision
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The High Court, however, held that to be a kind of case which fell under s. 235(1) of the Code and that since that was so, the provisions of s. 236 were excluded
Ratio of the decision
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Behrose Darab Madan (2009) 10 SCC 425 2009 Indlaw SC 1154,while dealing with the provisions of Art.142 of the Constitution,this Court has held as under:
Precedent
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It is contended that under the Petroleum Rules framed under the Petroleum Act,1934,there are certain hazardous areas where there cannot be a canteen as no fire,furnace,source of heat or light capable of igniting inflammable vapours shall be allowed except in the firing spaces or stills and boilers
Argument
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We may examine the issue from another angle,based on respondent s stand that charter party dated 6th May,1997 continues to be in vogue till the chartered vessel is re-delivered
Ratio of the decision
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the Additional Deputy Commissioner, Hissar will be visiting his location on 13th Feb. 1963
Ratio of the decision
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Having regard to the not inconsiderable improvement in the level of the basic wage,it observed that there would be a consequent increase in the dearness allowance and house rent allowance
Facts
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If the intention of the Legislature was that the provisions of these clauses should be available only alternatively it would have used the word "or" and not "and" which has the opposite effect
Statute
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it exceeds Rs. 63 crores
Ratio of the decision
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However,arguments were heard only on the following three issues
Facts
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Before we proceed to decide the aforesaid question,we would like to refer the relevant provisions of the Maharashtra Land Revenue Code 1966
Statute
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It is the first criteria which the prosecution must prove
Precedent
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The submission of Mr
Ratio of the decision
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The appeal,therefore,stands dismissed subject to what is stated in regard to writs to be issued by the High Court in respect of persons or authorities exercising public duty or otherwise
Ruling by Present Court
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In the present case, on ex-parte interim order was made on April 20, 1981 in the following terms: "In the meanwhile on the petitioners' giving an undertakings to maintain prices both for bulk and formulation, as were prevailing prior to the impugned notification we stay implementation of the impugned bulk drug prices as well as formulation prices
Ruling by Lower Court
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The mark can be originated by a person,or it can be subsequently acquired by him from somebody else
Precedent
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It is also significant to note that the respondent No.5,who was alive when the enquiry was pending before the Land Tribunal has not given evidence in favour of the respondents 3 and 4 stating that he has leased out the land in dispute in favour of the respondents 3 and 4.Except the interested testimony of respondents 3 and 4,there is nothing else on record to show that their father was inducted as a tenant to cultivate the land in dispute by the 5th respondent after the land is dispute was taken on mortgage by him
Facts
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We heard Mr
Facts
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In fairness to the learned counsel for the State Mr
Ruling by Lower Court
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In these circumstances,we are of the view that the High Court has properly exercised its discretion and refused to rectify and strike off the trade mark,from the register of trade marks of the Registrar
Ratio of the decision
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When a combined application u/arts.226 and 227 of the Constitution is summarily dismissed without reasons,the appeal Court may consider whether the facts alleged,warranted filing of the application u/art.226 or u/art.227 of the Constitution
Precedent
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Ltd.is the owner of the registered trade mark "Meghraj".There is no deed of assignment from M/s
Ratio of the decision
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The reputation of corrupt would gather thick and unchaseable clouds around the conduct of the officer and gain notoriety much faster than the smoke
Precedent
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it was held that the doctrine of promissory estoppel represents a principle evolved by equity to avoid injustice
Precedent
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The discretion,therefore,was not to be extended in favour of the appellant
Facts
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After committal,the Trial Court framed charges u/s.302 read with Ss.34 and 120B of the IPC.The prosecution examined 32 witnesses
Statute
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Ltd.is non-functional since 1.3.93 and,therefore,in any event appellants were entitled to use the trade mark "Meghraj
Argument
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In Vasantharao Ammannamma v. Venkata Kodanda Rao Pantalu 1939
Precedent
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Nothing those facts,the Tribunal observed that compared with the increased paying capacity of the appellant,an inference drawn from the prosperity enjoyed by the appellant over the years,there was definite need for revising the wage scales
Facts
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The Ritz Hotel v
Argument
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c) of S. 299 and cl
Precedent
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Learned counsel for the respondent-State on the other hand supported the impugned judgment of the High Court
Ratio of the decision
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This serves to satisfy the investigating officers of the bona fides of the prosecution witnesses and also to furnish evidence to corroborate their testimony in court
Precedent
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that in the partnership deed which is not necessary to recite the terms,the petitioner was completely excluded in operating the bank accounts etc
Ratio of the decision
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Therefore,the State is enjoined to implement the judgment of this Court in the light of the statutory rules
Ratio of the decision
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The accounts maintained by the VESCO used to be explained by him not only to the Directors but also to the shareholders
Argument
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A Constitution Bench in R. Chitralekha Etc
Ratio of the decision
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Similarly,the same words "to each employee" after the figure "100" were omitted
Ruling by Lower Court
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The admitted facts are that the respondents through their agents had registered trade mark "Raleigh" and other trade marks (12 marks) under the Indian Merchandise Marks Act,1889 (4 of 1989) and the Trade Marks Act,1940 (5 of 1940).The Trade and Merchandise Marks Act,1958 (43 of 1958) (for short,the 'Act) which came into force with effect from October 3,1958 has repealed the Predecessor Act and now the Act is in operation
Facts
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However, it has been seen that even services of one of them had been requisitioned only for the project work
Ratio of the decision
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In the case of R.Mahalingam v
Precedent
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On the completion of the investigation, a charge-sheet under sections 302, 376 and 309 of the IPC was filed against the accused and as he pleaded not guilty he was brought to trial
Facts
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Radhikabai [1986 Supp.SCC 401 1986 Indlaw SC 651].In
Precedent
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Learned counsel submitted that the Commissioner or the Additional Commissioner is not equal in a rank but subordinate to the State Government
Argument
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powers also exist independent of the statutes with a view to do complete justice between the parties...and are in the nature of supplementary powers
Precedent
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The 'proforma' requires particulars of costdata, such as, raw materials, utilities, conversion cost, total cost of production, interest on borrowings, minimum bonus, packing, selling expenses, transport charges, transit insurance charges, total cost of sales, selling price, existing price or notional or declared prices, etc
Statute
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If it is intended to 'contradict the'- witness by the writing, the attention of the witness should be called before the writing can be proved to those parts of it which are to be used for the purpose of contradicting him
Ratio of the decision
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The VESCO used to receive large amounts of money from high tension power consumers such as the railways, K. G. Hospital, the Port Administration, the Andhra University etc
Facts
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It is not in dispute that the said applications are pending for consideration before the Special Court
Ratio of the decision
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On the basis that a sum of Rs.150/-per month was added to the pay of each Draughtsman and a sum of Rs.100/-was added to the pay of every other workman,who belonged to the Union staff,the financial load would increase to Rs.9,22,032/-.Likewise,if a flat increase of Rs.100/-was given to individual workmen of all categories,including Draughtsmen,the increased financial load would total Rs.7,64,256/-.The statement then goes on to indicate that if a flat increase of Rs.75/-per month were given to individual workmen of all categories the total increase would be Rs.5,78,220/-.Again,if the flat increase is Rs.65/-per month to the individual workmen of all categories,the additional load would total Rs.4,97,772/-.Finally,on the basis that the individual Draughtsman would be given an increase of Rs.75/-per month and the individual workmen of other categories Rs.50/-per month,the additional load was calculated at Rs.4,63,092/-.It will be noted that the statement,Exhibit C-51,was prepared on the basis of the employees' strength as in December,1971.A similar statement was prepared on the basis of the employees' strength as in September,1978.These statements cannot be regarded as evidence that the appellant was cognizant of the intention of the Tribunal to provide a flat increase to the pay of each workman
Ratio of the decision
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His next objection was that it brought within its purview all the various offences which were alleged to have been committed by the respondents
Argument
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Abandonment of the trade mark has to be proved by the appellants in the present case
Ratio of the decision
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These were reappraised by the High Court
Ratio of the decision
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The test of validity is constituted by the nexus shown between the order passed and the purposes for which it can be passed, or in other words by reasonableness judged by possible or probable consequences
Precedent
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In this appeal, the appellants assail the correctness of the impugned judgment
Ruling by Lower Court
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Be that as it may, there is no substance in the first ground
Ratio of the decision
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