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That means,it is a condition of service in relation to a workman providing better facilities to workmen to discharge their duties properly and maintain their own health or welfare
Ratio of the decision
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Under cl
Ratio of the decision
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Though there was a ban on impart of the Raleigh cycles manufactured outside India and passed off under the registered mark of the respondents as a registered proprietor,the circumstances do not attracted sub-section (3) of S.46 to relieve the respondents to establish non-user,but on the facts of this case,we have the admitted position that Sen Raleigh,admittedly,was a registered user through which the appellant had bona fide used the registered trade mark of the registered proprietor There is no discontinuance or non-use of the trade mark by the respondent to establish the special circumstances in this case
Ratio of the decision
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Thirdly, it must be proved that there was an intention to inflict that particular injury, that is to say, that it was not accidental or unintentional or that some other kind of injury was intended
Precedent
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the Collector 24 Parganas took possession of the fisheries including Nalban Fishery as Receiver and submitted a compliance report dated 22.11.1978 to the Registrar of this Court
Facts
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As on December 1,1980,186 posts,namely,140 and 46 posts created during the period were available
Ratio of the decision
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UT,Chandigarh (2004) 2 SCC 130 2003 Indlaw SC 1504
Precedent
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The 1973 Act or the rules framed there under do not provide for appointments on ad hoc basis or on daily wages
Ratio of the decision
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It is urged that the amendment results in the inclusion of a flat increase of Rs.150/-to each workman in the case of Draughtsman and Rs.100/-to each workman in the case of other categories,a result wholly unwarranted,it is said,by the intent of the original award and,therefore,falling beyond the jurisdiction of the Tribunal
Argument
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Sub-cl.2 with the courses or programmes and sub-cl.3 deals with the power of admissions and sub-cl.4 with tuition fees etc.and sub-cl.5 with the staff and sub-cl.6 with the Governing Body of the private institutions and subcl.7 with other matters
Statute
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No. 41A
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A large number of commercial properties having already been sold and third party rights having been created, this Court should not interfere with the impugned judgment
Argument
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The direction to pass a fresh order of affiliation was issued in view of the fact that the University contended before the learned Single Judge that unless the Government granted approval,permanent affiliation could not be granted
Facts
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He further stated that the death was caused due to hemorrhage and shock as a result of stab injury
Ratio of the decision
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At one time it was a moot point whether a Hindu widow's estate could be created by will, it being an estate created by law, but it is now settled that a Hindu can confer by means of a will oil his widow the same estate which she would get by inheritance
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They were the real persons whom he earmarked with certainty as the ultimate recipients of his bounty
Ratio of the decision
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Learned senior counsel appearing for the contesting respondent submitted that the order of the High Court does not require any reconsideration by this Court and that the High Court while extending the benefit of POB Act had clearly recorded in the order that the counsel for the State of Delhi is not averse to the grant of benefit of probation to the answering respondent and,therefore,the requirement under Section 4(2) of the POB Act has been waived off by the State and that the High Court took into consideration the fact that the answering respondent has faced the agony of trial for over 12 years and has also undergone some period in custody and while maintaining the conviction of the answering respondent,the benefit of probation was extended to him
Argument
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There is also the further argument that some of the statements recorded by the Military authorities were not taken into account, as the High Court had thought that since the deponents denied the contents the officers who recorded the statement might have been called to show that they were properly recorded
Ratio of the decision
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But there were other indications in that will showing that a widow's estate had been given
Ratio of the decision
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The respondent's prayer is accordingly rejected and since oral hearing has already been completed,and in spite of several adjournments respondent failed to appear before the Court or to file the written submissions we proceed to decide the case on merits
Facts
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The Board could not,while exercising its jurisdiction under S.46(1)(b),of the Act proceeded on the basis of such presumption
Ratio of the decision
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Respondents had also mentioned in their claim that there was a proposal to hand over the colony of ODA Project to Indore Municipal Corporation
Facts
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The 1958 Act was repealed by the Trade Marks Act,1999 (for short,'the 1999 Act').In terms of Section 100 of the 1999 Act,the three petitions filed by the first respondent before the Madras High Court for rectification/removal of registered trade mark Nos.475269,475267 and 484837 were transferred to the IPAB
Facts
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Amounts which had been misappropriated used to be posted therein though in fact no orders were placed for any material
Facts
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vi)The decretal amount against the Harshad Mehta Group also would exceed Rs
Argument
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However,the document is silent as to where the business was started
Ratio of the decision
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3 only, i.e., recovery of underwear and baniyan stained with semen and human blood group 'B', which alone, in the fact and circumstances of the case discussed hereinabove cannot form basis of conviction of the accused-appellant for the offence charged
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Ahmedabad Municipal Corporation and Others [1992 Supp (1) SCC 5 1991 Indlaw SC 972
Argument
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Before we consider these contentions it is necessary to determine another submission of the learned Advocate for the Appellant which goes to the root of the jurisdiction of the Court to try the offence, under Section 5(1)(c
Ratio of the decision
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It pointed out that the plaintiff (appellant) had applied to get himself impleaded on 0.S. No. 126 of 109,6 M. E. but his application was rejected, and after that suit was dismissed the appellant again applied for registry, but that was also rejected
Ruling by Lower Court
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A legislative act is the creation and promulgation of a general rule of conduct without reference to particular cases; an administrative act is the making and issue of a specific direction or the application of a general rule to a particular case in accordance with the requirements of policy
Ratio of the decision
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The following acts shall not constitute an infringement of copyright,namely:- (a) a fair dealing with a literary,dramatic,musical or artistic work not being a computer programme for the purpose of-(i
Statute
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This was due to the negligence of the respondent Nos.1 to 4.But the respondents recovered the cost of production from the petitioners
Facts
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and she thus got an interest in it on the testator's death
Ratio of the decision
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In our opinion, the learned Judge, Special Court should have analysed the respective contentions of the parties in greater details and in particular in regard to assets and liabilities of the separate entities and having regard to the contentions raised by them that they are not part of the Harshad Mehta Group and their individual liabilities can be met from the assets held and possessed by them separately
Ratio of the decision
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Nevertheless,some suggestions to resolve the controversy were given
Facts
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Coming to G.Appalaswamy case 1984 Indlaw SC 314 (supra) which considered the question whether a sitting tenant who took property by a possessory or usufructuary mortgage in his favour was liable to deliver physical possession upon redemption to the mortgagor
Precedent
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Saiyed Mohmad Mirasaheb Kadri and others,(1987) 3 SCC 538 1987 Indlaw SC 28281.Learned counsel also drew our attention to the decision of this Court in Dharampal vs
Argument
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To summarise,therefore,a trader acquires a right of property in a distinctive mark merely by using it upon or in connection with his goods irrespective of the length of such user and the extent of his trade
Ruling by Present Court
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This was informed by the deceased to various persons,including her relatives and elders
Facts
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APPLICATION OF THE ACT AND THE RULES
Statute
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Indisputably,First Respondent filed an application under Section 46,56 and 107 of the Act,marked as C.O.No.9 of 1986,contending that M/s
Facts
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Even assuming for a moment that this charge is cumbersome in the absence of any objection by the respondents at the proper time and in the absence of any material from which we could infer prejudice, they are precluded by the provisions of s. 225 from complaining about it at any rate after their conviction by the trial court
Ratio of the decision
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Justice B.S.Chauhan) referred to more than fifty decisions including the Constitution Bench judgments
Precedent
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In other words,the rule of law requires a person to be innocent till proved guilty
Ratio of the decision
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He made representation to the Additional Chief Engineer for cancelling his transfer order on the ground that his mother aged 70 years was ailing and it would cause great inconvenience to him if he was required to join at Ukai
Facts
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I cannot assign any reason why police did not write about it in my statement
Facts
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inspection of technical institution ............which are matters covered by the Central Act
Ratio of the decision
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All other employees with more than one year's service shall be given one increment
Facts
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That Full Bench decision stands, and this tribunal and all other tribunals are bound by it
Precedent
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She certainly would have the power of selling her own estate; and it would further follow that Girdhari would not be possessed in any sense of a vested remainder, but merely of a contingent one
Precedent
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January 1918) in the District Court at Quilon for a declaration of its title to those properties
Facts
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I which contains as many as 22 sub-heads and it is said that it was an extremely unfair and embarrassing question
Ratio of the decision
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Let us consider whether there is anything intrinsically incompatible in combining two clauses of s. 239
Statute
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But in the case before us no objection was taken to multiplicity or misjoinder of charges before the learned Additional Sessions judge and it was only in the High Court that the point was raised
Ruling by Lower Court
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The said fact is proved by the evidence of PWs
Ratio of the decision
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Since the respondents 3 and 4 failed to produce any documentary evidence to show that their father was put in possession of the land in dispute by the 5th respondent,mortgagee as a 'tenant' and that they are continuing as tenants in respect of the said land after the death of their father,I find that they are not entitled to grant of occupational rights
Facts
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It seeks to enhance the period of moratorium of use of the registered trade mark from one month to three months so as to prevent speculative assignment
Ratio of the decision
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The clause is proposed to be modified to clarify that special circumstances in the trade will include restrictions imposed by any law or regulation on the use of trade mark in India
Ratio of the decision
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Delay,as is well known,at both stages has to be explained
Ratio of the decision
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226 to 231 deal with the power of the court with regard to framing and altering charges and the procedure to be adopted at the trial where a charge is found to be defective or there is no charge or where a new charge is to be framed
Statute
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the Legislature enacted the Patents (Amendment) Act,2005.Even here,not all provisions were simultaneously brought into force
Facts
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If all these elements are there and no prejudice is shown the conviction must stand whatever the irregularities whether traceable to the charge or to a want of one
Ruling by Lower Court
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5) While passing an order under Sub-s.(4) in respect of the ground mentioned in cl.(d) or cl.(e) of Sub-section
Statute
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The deceased tried to put off the light of one particular room at which the appellant and other accused persons became annoyed and the appellant switched on the light which was again switched off by the deceased
Ratio of the decision
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Ashwin Mehta Rs
Ratio of the decision
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Occasionally, the legislature directs the subordinate legislating body to make 'such enquiry as it thinks fit' before making the subordinate legislation
Ratio of the decision
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In case,there was difference between the State Government,University or the Regional Committee the Central Task Force was to make a final recommen-dation under Regulation
Ratio of the decision
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The State of Uttar Pradesh vide its office memorandum dated 25.10.2004 constituted a committee under the Chairmanship of the Hon'ble Minister of Revenue to suggest its recommendations for transfer of prisons situated in the congested areas of various districts
Facts
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Reliance was placed on The Hindustan Times Ltd.,New Delhi v
Ratio of the decision
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State of Punjab,(2008
Precedent
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Interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right because of section 11 l(d) of the T.P.Act
Ratio of the decision
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Rao Girdhari Lal Chowdhury,AIR 1963 SC 698 1961 Indlaw SC 157
Argument
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Radhikabai [AIR 1986 SC 1272 1986 Indlaw SC 651
Precedent
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S.212 of the Code provides that the charge shall contain the particulars as to the time and place of the alleged offence,and the person (if any) against whom,or the thing (if any) in respect of which,it was committed,as are reasonably sufficient to give the accused notice of the matter with which he is charged
Statute
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2,500 from Moti Ram of Sirsa for cutting the crops and thereby committed ,offence under Section 5(1)(d) punishable under Section 5(2
Ruling by Lower Court
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Karanth,the appellants can do so only in accordance with the provisions of the Copyrights Act,1957 in view of copyright in seven prasangas vesting with the plaintiff
Ruling by Lower Court
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The matter, however, would be different where despite direction by a court the evidence is withheld
Precedent
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The Custodian in terms of the directions issued by the learned Special Court had affirmed an affidavit putting on record the assets and liabilities of each of the members of the so-called Harshad Mehta Group on an individual basis
Ratio of the decision
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This decision is, therefore, of little assistance
Ratio of the decision
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We must also notice that in the meantime on 20.12.2004,the authorities of the DRI had clearly stated that transactions after 11.10.2003 were not under the scrutiny stating: "In our letter mentioned above,your office was requested not to issue the DEPB scripts to M/s
Ratio of the decision
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The High Court found that the circumstances highlighted were not sufficient to fasten the guilt on the accused,and directed acquittal
Facts
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307 and 325 IPC and sentenced them to undergo rigorous imprisonment for five years and one year respectively and a fine of Rs
Ruling by Lower Court
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In this context,it is to be noted that C.W.1 states that "M" Dollar was taken from him by P.W.42 for the purpose of facilitating investigation
Ratio of the decision
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i) after giving notice in the prescribed manner and in the prescribed form to the persons affected by the scheme,define and demarcate the areas allotted to,or reserved for,any public purpose,or for a purpose of the appropriate authority and the final plots; (ii) after giving notice as aforesaid,determine in a case in which a final plot is to be allotted to persons in ownership in common,the shares of such persons
Statute
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In these circumstances the request of the plaintiff is granted and petitioner is permitted to withdraw this petition and file a fresh petition on this very cause of action
Facts
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Diwali and the first account year is decided to be the Aso Vadi 30th day of Samvat Year 2017.While settling accounts at the close of the year,33% amount from the sum which may remain as net profit after deducting all expenditures,viz interest,discount,rent of the shop,rent of the godown,insurance,brokerage,travelling,telegrams,postage,salaries of employees,etc.shall be carried to Reserve Fund and thereafter,in the sum that remains as net profit,the shares of us the partners have been fixed as under: 7.While settling accounts at the close of the year,if the sum less than Rs.1500 falls to the 0-03 shares of the partners of the seventh and eighth parts,the amount falling short has to be debited towards the head of expenditure and Rs.1500 (fifteen hundred only) have to be paid in full to each of them two,and in those circumstances or if there be loss,the parties of the seventh or eighth parts have not been held liable therefore; and in the year or' losses,it has been decided to pay Rs.1500 (fifteen hundred only) to each of them,after debiting the same towards the head of expenditure and in the year of losses nothing has to be carried to the 'Reserve Fund' and the loss has to be borne by us to parties first to sixth parts in the following proportion: 8.Clause 8 empowered the operating of the bank accounts by partners other than the appellant and his father
Ratio of the decision
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It provides that in calculating the amount to be paid for the commodity required to be sold regard is to be had to--(a) the minimum price, if any, fixed for sugarcane by the Central Government under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar
Statute
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Finally, the High Court held that the examination of the respondent under s. 342 of the Code was unfair for a number of reasons and that the Additional Sessions judge had failed to perform an important duty in that he did not call the attention of the respondents to the provisions of s. 342 which enable an accused person to give evidence in his own behalf
Ruling by Lower Court
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Arunachal Bhawan, Barakhamba Road, is subject matter of a separate proceeding pending before this Court, viz., Civil Appeal
Ratio of the decision
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It is obvious that accused nos.2 and 4 did not enter the house to commit a robbery and had a single mission,namely,to kill Bhavana
Ratio of the decision
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It is a policy matter
Ratio of the decision
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Ltd.has abandoned the trade mark
Ratio of the decision
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Dr. Dhawan would furthermore contend that the findings of fact had been arrived at by the Labour Court that the Appellants of Civil Appeal No.337 of 2002 were appointed by the Authority and not only their work was being taken in the Project but also in other works, and, thus, mere posting of the Appellants to the said Project would not disentitle them from the benefit of the said Act
Argument
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Any order of the High Court rectifying the register shall direct that notice of the rectification shall be served upon the Registrar in the prescribed manner who shall upon receipt of such notice rectify the register accordingly
Statute
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Union of India : 1991 (3) SCC 655 1991 Indlaw SC
Precedent
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v
Argument
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What we have said about pardon in respect of an offence under s. 409 would apply equally to that for one under s. 120-B because the punishment for it is the same as that for the offence under s. 409
Ratio of the decision
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The grievance of the manufacturers in the writ petitions that they were not furnished the details of the basis of the price fixation was not correct since full information was furnished at the time of the hearing of the review applications when the matter underwent thorough and detailed discussion between the parties and the Government as well as the Bureau of Industrial Costs and Prices
Argument
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It has also got to be remembered that the labour force employed in an industrial concern is a fluctuating body and it cannot be predicated of the labour force in a particular year that it represents the past and the present workers, so that it can claim to demand bonus out of the reserves or undistributed profits of the Previous years
Ratio of the decision
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