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About 18 years ago before filing of the suit,the respondents came into contact with the petitioners initially as clients in connection with the job of advertisement of their products on All India Radio,theatre and films and later,on television
Argument
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Point 1 is,therefore,answered in the affirmative against the appellant and in favour of the respondent
Ratio of the decision
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313 of the Cr
Ratio of the decision
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ELT 225 2004 Indlaw SC 996(SC),this Court held that the assessee will not be entitled to the benefit of exemption if it uses on goods in question,same/similar brand name with intention of indicating a connection with the goods of the assessee and such other person or uses the name in such manner that it would indicate such connection
Precedent
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but he did not join at Ukai till the impugned order of discharge was issued on May 27,1974.The
Facts
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V. Mahendra Singh
Ratio of the decision
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This information obtained from the various manufacturers was taken into account and a report was then obtained from the Bureau of Industrial Costs and Prices, a high-powered expert body specially constituted to undertake the study of industrial cost structures and pricing problems and to advise the Government
Argument
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From the evidence on record it does not appear to us that any suggestion was given to the said witness to the effect that the copy of the FIR was not sent or that it was dispatched late, which if given, would have given an opportunity to the witness to afford some explanation or to show as to when the FIR, was sent to and received by the Magistrate
Ratio of the decision
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They reached the scene of offence at about 11.30 p.m. but found the entire place plunged into darkness and with the help of torch light, PW-21 surveyed the scene of offence
Facts
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No doubt, the offence mentioned in charge No
Ruling by Lower Court
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1984] 3 SCR 676 1984 Indlaw SC 326
Argument
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PW 1 informed about the incident to PW 2, another son of the deceased
Precedent
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Grey Street as, in his opinion, Sushilabala as executrix to her husband's estate and her two sons had acquired title to the said premises by adverse possession and the title of the idol thereto had been extinguished
Ruling by Lower Court
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Mr. Bhimasankaram's argument on the point may be summarised thus : Such a power cannot be conferred upon an Additional District Magistrate because s. 337 (1) does not contemplate grant of pardon by an Additional District Magistrate and that the Additional District Magistrate would have no status other than that of a Magistrate, First Class
Ratio of the decision
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The AECO transferred its licences for the supply of electrical energy to the consumers of Visakhapatnam to VESCO and similarly transferred to AECO the licence to supply electrical energy to consumers at Anakapalli
Facts
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Thereafter, PW-21, along with P.I. D'Sa gave a call to the inmates of the house to open the door and on hearing the call, one lady opened the door
Facts
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That report showed that during the period 1948-49 Rs. 33, 271-10-0 shown as paid to the Andhra Power System were in fact not paid
Facts
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Such repugnancy would have to be adjudged on the basis of the tests which are applied for adjudging repugnancy u/art.254 of the Constitution
Precedent
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At that time all the accused persons were in the balcony
Facts
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19,000 by the appeal court could not be and was not seriously pressed before us and does not require any consideration
Ruling by Present Court
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In adjudging the question of prejudice the fact that the absence of a charge,or a substantial mistake in it,is a serious lacuna will naturally operate to the benefit of the accused and if there is any reasonable and substantial doubt about whether he was,or was reasonably likely to have been,misled in the circumstances of any particular case,he is as much entitled to the benefit of it here as elsewhere; but if,on a careful consideration of all the facts,prejudice,or a reasonable and substantial likelihood of it,is not disclosed the conviction must stand; also it will always be material to consider whether objection to the nature of the charge,or a total want of one,was taken at an early stage
Ruling by Lower Court
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in the bona fide belief that the lands belonged to the Illom
Facts
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The gravity is of course to be determined with reference to the sentence awardable with respect to that offence
Argument
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In Para 14 of the sur-rejoinder, the Appellants denied the asset and liability position as arrived at by the Custodian
Argument
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Pursuant to this agreement it is said that -symbolic possession of the land which was acquired was taken over by the Tehsildar on 1st February 1963, after which at any rate it appears from Ex
Argument
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66,784.50 np
Facts
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Admittedly,the University's inspection report was in favour of the appellant
Ratio of the decision
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and that was the cause
Facts
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The main issue in the suit was whether- the widow took under the will an absolute estate or an estate like the Hindu widow's estate and whether the daughter's interest therein was in the nature of a contingent remainder, or whether she got in the properties a vested interest
Facts
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The draft scheme was approved.867 sq.m.of land had been acquired for public purpose out of the said plot No.17/8.While the proceedings relating to allotment of final plot were in progress,he even did not file any objection thereto
Ratio of the decision
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The question as to whether the Appellants could have been considered to be part of Harshad Mehta Group by the learned Special Court need not be determined by us as, at present advised, in view of the fact that appropriate applications in this behalf are pending consideration before the learned Special Court
Ratio of the decision
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There was no occasion for the Custodian to club all the notified entities in one block so as to be termed as Harshad Mehta Group and/or to club their assets and liabilities jointly
Argument
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The applications having been transferred to the IPAB in terms of Section 100 of the 1999 Act,the IPAB examined the matter in light of the issues that were framed by the High Court although in the written submissions before it,the objection was raised that the first respondent has ceased to have locus standi in view of the subsequent events,particularly change of the name of the first respondent from Jupiter Infosys Ltd.to Jupiter International Ltd
Ratio of the decision
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Clause (1) does not prescribe how an executive action of the Government is to be performed; it only prescribes the mode under which such act is to be expressed
Ratio of the decision
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Karanth in respect of Yakshagana Ballet leads to the inference that the imaginative faculties of Dr
Ruling by Lower Court
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15.95 crores (even after deducting the amount set aside by ITAT
Ratio of the decision
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Even assuming that DPC would mean Selection Committee,there is noting on record to show who were its members and how and at whose instance it was constituted
Ratio of the decision
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The moot question which has been debated before us is whether or not,the first respondent is an aggrieved person
Ratio of the decision
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I alone was convicted by the Additional Sessions judge in respect of the third and fourth charges
Ratio of the decision
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The aforesaid order cannot be held to operate as res judicata taking away the rights of the State of West
Ratio of the decision
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The arbitrator has done so
Ratio of the decision
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In Union of India & Ors.vs
Precedent
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If he,- (i
Statute
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The criminal court,particularly the superior court should make a close examination to ascertain whether there was really a failure of justice or whether it is only a camouflage
Precedent
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Then the burden shifts to the proprietor of the trade mark to affirmatively prove the special Circumstances for non-user of trade mark
Precedent
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These witnesses knew the accused from before by their names and had also identified them later when called upon to do so
Facts
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We accordingly acquit the appellant of the charge u/s
Ruling by Present Court
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PM Diesels Pvt.Ltd
Facts
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51,Section 54,Section 57,Section
Statute
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Some of the entities having their asset base much more than actual liability, the impugned judgments are unsustainable
Argument
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41 Grey Street made by Dwarka Nath under the terms of his will was a. partial dedication, and that his sons Rajendra and jogendra and his widow Golap Sundari, who were appointed sevayats of the idol were competent to deal with premises
Argument
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i
Precedent
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Transverse Lacerated would on occipital region,3 x 1 cm.,bone deep
Facts
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f) there is a conjunction 'and
Statute
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Neither can be done if the shadow is mistaken for the substance and the goal is lost in a labyrinth of unsubstantial technicalities
Ruling by Lower Court
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of India took steps to acquire some lands of agriculturists pursuant to which a Notification dated November 27, 1962 was issued under Section 4 of the Land Acquisition Act 1894 for acquiring 51.79 acres of land situated in the State of Ahmedpur
Facts
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Strong reliance in this behalf has been placed on Kendriya Vidyalaya Sangathan and Others v
Argument
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2 SCC 334 under the Rajasthan Cooperative Societies Act,1965.In that Ac,t by Section 128 power was conferred upon the State Government and the Registrar to call for and examine the records of any enquiry or proceedings of any other matter,of any officer subordinate to them,for the purpose of satisfying themselves as to the legality or propriety of any decision or order passed by such officer
Precedent
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The right of appeal against the judgment of a Single Judge is given by the Letters Patent which have been continued in force by Art.225 of the Constitution
Precedent
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The Order made under s. 3(2)(c) controlling the price of an essential commodity may itself prescribe the manner in which price is to be fixed but that will not make the fixation of price a non-legislative activity, when the activity is not directed towards a single individual or transaction but is of a general nature, covering all individuals and all transactions
Ratio of the decision
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Thus according to the plaint,the appellants who .were merely licensees,had no right to enter into the shop after the expiry of the period of licence envisaged in the agreement
Ratio of the decision
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Thus,in relation to cases other than those relating to admitted or indisputable facts,there is a considerable divergence of opinion whether the applicant can be compelled to prove that the outcome will be in his favour or he has to prove a case of substance or if he can prove a real likelihood of success or if he is entitled to relief even if there is some remote chance of success
Precedent
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As noted above no specific grounds or reasons were indicated to justify the withdrawal in the affidavits filed before the Tribunal or the High Court, as the case may be
Ratio of the decision
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One point was emphasised by Mr
Ratio of the decision
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The postmortem report indicates that there were sixteen injuries as against the two as adduced in ocular evidence and, therefore, a submission was made by the counsel appearing for the appellant that the medical evidence adduced in the present case is not supporting the ocular evidence
Ratio of the decision
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The incident occurred within the four walls of the house of the accused -Shashi Tripathi and the only witness was the boy -Anil
Ratio of the decision
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The appellant had filed a suit on October 24, 1942, for the recovery of Rs
Facts
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v. Shree Durga Oil Mills and Anr
Precedent
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240 per annum
Facts
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The Constitutional Scheme which the country has adopted does not contemplate any backdoor appointment
Ratio of the decision
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State of Tamil Nadu and Others [(1999) 8 SCC 473 1999 Indlaw SC 778],this Court opined: "The question is not whether the second part of the contents of those letters was relevant or not but whether they were placed before the detaining authority for his consideration
Precedent
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Hari Pada
Facts
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The Land Tribunal,after remand,relying on the entries in the RTC record and some other materials on record,granted occupancy rights in favour of the appellants
Facts
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Late Harshad Mehta Rs
Ratio of the decision
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307 IPC cannot be acquitted merely because the injuries inflicted on the victim were in the nature of a simple hurt
Precedent
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As it emerges from the evidence, complainant Jagdish (PW-5) and his two sons Sukhbir and Mange Ram were cutting pullas
Ratio of the decision
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We therefore,hold that the accused Mahesh (accused no.3) in Criminal Appeal No.867 of 2013 is innocent and the conviction against him is set aside
Ruling by Present Court
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After the death of R.K.N.G. Raju, it was discovered that the AECO was indebted to many concerns which were under its managing agency, the liability being shown either as that of AECO or that of R.K.N.G. Raju personally
Argument
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It is a direction of a general character, not directed against a particular situation
Ratio of the decision
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The identification to be of value should also be held without much delay
Precedent
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The Establishment Officer (P) of the Board,also informed the respondent by his letter dated May 6,1974 that his representation against the order of transfer was not accepted and he was directed to obey the order of transfer
Facts
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The basic wages were increased from the 1st December, 1948, by order of the Government of Uttar Pradesh and the total wages paid were therefore higher than those in the previous year
Facts
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and Gokulchand Dwarkadas Mordrka v. The King, 1948 Indlaw PC 39
Ratio of the decision
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This Appeal is by Special leave against the Judgment of the High Court of Punjab and Haryana confirming the conviction of the accused under Section 5(1)(c) of the Prevention of Corruption Act 1947 as also the sentence awarded by the Sessions Judge of one year's Rigorous Imprisonment and a fine of Rs
Ratio of the decision
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325 IPC, A-3 and A- 4 u/s
Ruling by Present Court
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In case the Controller issues an order under Sub-s.(4) that the patent shall be maintained subject to amendment of the specification or any other document,the patent shall stand amended accordingly
Statute
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She was unable to bear the cruelty to which she was subjected,by the accused persons
Facts
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The respondents herein filed writ petitions before the High Court on 4.06.1998 questioning the said order of cancellation of their appointments
Ratio of the decision
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The evidence regarding the first incident was given by PW10,PW11 and PW12.These witnesses deposed that while they were watching a movie at the video parlour,A-11,A-6 and A-10 alongwith one other person had occupied the seats in the row behind them and when the leg of A-11 dashed against the leg of PW10,who told him to keep his leg properly,A-11 started abusing him in filthy language and threatened him that he would "deal" with him
Facts
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14 if it is arbitrary, that is, if either the guidelines prescribed for the determination are arbitrary or if, even though the guidelines are not arbitrary, the guidelines are worked in an arbitrary fashion
Ratio of the decision
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Pradesh,(AIR 1952 SC 343 1952 Indlaw SC 89),wherein it was observed thus: "It is well to remember that in cases where the evidence is of a circumstantial nature,the circumstances from which the conclusion of guilt is to be drawn should be in the first instance be fully established and all the facts so established should be consistent only with the hypothesis of the guilt of the accused
Precedent
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On 28.01.2008,this Court consisting of three Hon'ble Judges issued notice in this matter confining to the quantum of sentence only
Facts
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It is stated by LW-3 that she knew all the accused persons as she was residing in the house of the accused and the deceased
Ratio of the decision
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Besides,while determining the proprietary nature of the grant under s.2(4)(1) of the Act the competent authority had,on evidence led before it,alluded among others to the respondent's right to excavate and sell gravel and stones and enjoyment thereof by the respondent
Ratio of the decision
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In the former event, even if such a decree is set aside, the interest of the bona fide purchaser in an auction sale is saved
Precedent
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On receipt of the aforesaid message, PW-21 along with ASI Tabit Mamlekar went to the scene of offence
Facts
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However, the meeting was postponed and eventually held on December 9, 1951
Facts
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As a matter of fact,the last sentence in para 18 makes it clear that in the facts and circumstances of that case,they permitted the appellants to urge all points on merits
Ratio of the decision
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It appears that as there was no injunction restraining his dispossession in L.C. Case
Facts
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Sometimes, firearm wounds may look like knife slashes or a bullet hole may resemble a penetrating stab wound, if the bullet strikes the head of shoulder at an angle or when an unstable bullet registers a broadside hit
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