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Considering the will in the light of these principles,it seems to us that Lakshminarayan Iyer intended by his will to direct that his entire properties should be enjoyed by his widow during her lifetime but her interest in these properties should come to an end on her death, that all these properties in their entirety should thereafter be enjoyed as absolute owners by his daughter and her heirs with powers of alienation, gift, exchange and sale from generation to generation
Ratio of the decision
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So far as the matter relating to Civil Appeal arising out of SLP (C) No.19375-19376 of 2005 is concerned,it was directed that as the appointment of the respondents were made for a period of six months,the employees were only entitled to the salary for the said period
Ruling by Lower Court
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The AECO on the other band always had a Managing Director, first of whom was D.L.N. Raju
Facts
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This Court stated that Section 46 speaks for private interest while Section 56 speaks of a public interest
Ratio of the decision
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A restriction cannot be said to be unreasonable merely because in a given case, it operates harshly
Ratio of the decision
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S.116.Appeals
Statute
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f) Expenses not recognized by Income-tax authorities (salary/prequisities, advertisements, etc
Ratio of the decision
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The question raised is an important one and requires a serious consideration
Ratio of the decision
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It is,therefore,clear that in revenue matters the State Government is the Supreme Revenue Authority
Ratio of the decision
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In order to appreciate the issue,requiring determination,a few relevant facts may be stated
Facts
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By way of illustration,it is noticed that a private company selected to run a prison although motivated by commercial profit should be regarded,at least in relation to some of its activities,as subject to public law because of the nature of the function it is performing
Ratio of the decision
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Indlaw SC 748
Ratio of the decision
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The appeal is dismissed
Ruling by Present Court
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But such persons have no legal duty to protect the endowment and, until the shebait is removed or controlled by the court, he alone can act for the idol
Precedent
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Eventually their choice fell on G. V. Subba Raju, P. W. 25, a resident of Manchili, who held a large number of shares in the AECO and who was, besides, related to R.K.N.G. Raju by marriage
Facts
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for short "the Bombay Rules") are in pari materia with 'the Rules
Ratio of the decision
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Against M/s
Facts
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It must be shown that the non-use of the trade mark is due to special circumstances of the trade and not due to some other Cause which would have operated,whether the special Circumstances had arisen off not
Precedent
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and then my wife would enjoy all the remaining properties with absolute rights
Precedent
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Does this mean that the provisions of s. 233, 234, 235, and 236 must also be complied with
Statute
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The first one i.e.prenatal or ante-natal period is limited to the period of woman's actual absence extending upto six weeks immediately preceding and including the day on which her delivery occurs and the second one which is postnatal compulsory period consists of six weeks immediately following the day of delivery
Ratio of the decision
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Ss
Statute
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The dearness allowance,it was claimed,should be granted on a slab system
Facts
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P.C
Ratio of the decision
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writ petitions challenging the correctness and applicability of Unni Krishnan' filed by educational institutions which do not claim to be Minority Educational Institutions,(5) writ petitions which do not fall in any of the above categories
Facts
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There will be no explanation why the initial start of the revised pay scales has been increased by Rs.150/-in the case of the category of Draughtsmen and Rs.100/-in the case of other categories
Ratio of the decision
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Even the appointments to the local cadre must be made by the Authority
Ratio of the decision
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Learned counsel appearing for the appellant was critical of the manner in which PW-21 initiated the investigation without recording any G.D. entry and without getting any FIR recorded
Argument
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treasury
Ratio of the decision
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The contractor is nothing but an agent or a manager of the appellant,who works completely under the supervision,control and directions of the appellant
Facts
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On April 21,1992,the name of the company Infosys Consultants Pvt
Facts
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The legal principle emerging from these decisions is also stated in Craies on Statute Law (6th Edn.) at page 369 as follows: "As a general rule,the conditions imposed by statutes which authorise legal proceedings are treated as being indispensable to giving the court jurisdiction
Ratio of the decision
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For admission in the last academic session 1993-94,an interim order in the following terms was made by a Bench comprising Hon'ble the Chief Justice and one of us (Justice B.P.Jeevan Reddy) on May 14,1993 in Writ Petition Nos.350 and 355 of 1993
Facts
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As it takes away somebody's right,it deserves strict construction
Ratio of the decision
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If any suit instituted,whether before or after the specified date,in any Civil' Court involves any issues which are required to be settled,decided or dealt with by any authority competent to settle,decide or deal with such issues.under this Act (hereinafter referred to as the 'competent authority
Statute
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Thereafter the following pertinent statement appears namely- "Now, today I find that the crops have been completely cut and as such it is requested that further necessary action in the matter of giving the alignment and possession of land may please be taken at your end
Ratio of the decision
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This conclusion directly flows from the relevant averments made in the writ petition and the nature of jurisdiction invoked by the respondent as noted by the learned Single Judge in his judgment,as seen earlier
Ratio of the decision
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Karanth was performed in New Delhi on or about 18.9.2001.Respondent filed a suit for declaration,injunction and damages alleging violation of the copyright in respect of the said dance vested in her in terms of the said Will stating that Dr
Facts
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Smt.) and Another [(1994) 2 SCC 368] 1994 Indlaw SC 1613
Precedent
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The next question that arises for consideration is whether the order of Hon'ble Mr
Ratio of the decision
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See Century Spinning Co. v. Ulhasnagar Municipal Council, AIR (1971
Precedent
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Bulk drugs were, however, broadly divided into indigenously manufactured bulk drugs, imported bulk drugs and hulk drugs which were both manufactured indigenously as also imported
Ratio of the decision
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The result therefore is that the decision of the Labour Appellate Tribunal appealed against must be reversed and that of the Industrial Court (Textiles and Hosiery), Kanpur, restored
Ruling by Present Court
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For this proposition see the decision of the Gujarat High Court in the case of Mehta Jagjivan Vanechand v
Ratio of the decision
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However, the accused was not detained and was sent back
Ratio of the decision
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Nagendra thereafter executed several mortgages of the said premises
Facts
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Whether requires any reduction
Ratio of the decision
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In the circumstances we wish to say nothing further on the point
Statute
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The fact that the terrace and the bedroom are adjoining each other is not in dispute
Argument
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The Tribunal then observed: "......the flat increase of Rs.150/-in the category of Draftsmen and Rs.100/-in the case of the other categories would be fair".Thereafter various other matters were considered and finally the Tribunal revised the wage scales in the manner already mentioned by my brother Pathak,J.The question of "Fitment" was then considered in the following manner: " Fitment:- If as on 1st January,1976,an employee is drawing a salary less than the beginning of the respective grade,he should be first stepped up to the beginning of the grade
Facts
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13,000 for a consideration of
Facts
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The power to rectify the register conferred by this section shall include the power to remove a trade mark registered in Part A of the register to Part B of the register
Statute
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ADVERSE INFERENCE
Ratio of the decision
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Abdul Khader is not a genuine protected tenant
Facts
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The doctrine of 'promissory estoppel' has assumed importance in recent years though it was dimly noticed in some of the earlier cases
Facts
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Appeal allowed
Ruling by Present Court
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Nand Kishore Prasad[1968 (3) SCR 322 1968 Indlaw SC 223] and Ahmedabad Mfg.& Calico Ptg
Precedent
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He contends that s. 337 (1) speaks of the District Magistrate which expression does not include an Additional District Magistrate
Argument
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A State before offering public service to a person must comply with the Constitutional requirements of Arts
Ratio of the decision
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Accordingly,the two Civil Appeals,filed by the appellant herein,stand disposed of with no order as to costs
Ruling by Present Court
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The word 'bonus' has however acquired a secondary meaning in the sphere of industrial relations
Ratio of the decision
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Instances of cases falling u/cl
Precedent
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In fixing the price of a bulk drug, the Government is expressly required by the Order to take into account the average cost of production of such bulk drug manufactured by 'an efficient manufacturer' and allow a reasonable return on 'net worth
Ratio of the decision
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Then we come to the other sub-head of this chapter
Statute
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having regard to the knowledge,oral or otherwise,available within any local or indigenous community in India or elsewhere, but on no other ground
Statute
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Before adverting to the submissions made by the learned counsel for the parties,we may notice the issues framed in the suit,which are: "(i) Does plaintiff prove that late Dr
Ratio of the decision
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Arundhati Tripathy (2005) 7 SCC 353 2005 Indlaw SC 486,Naveen Kohli v
Precedent
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It was, thus, necessary for the learned Special Court to arrive at a firm conclusion as regard the involvement of the individuals with Harshad Mehta, if any, and the extent of his liability as such
Ratio of the decision
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According to the Tribunal on and after 1st September,1998,charter party agreement dated 6th May,1997 was superseded by a fresh agreement and a term of the agreement was that the charter hire rate would be determined by the Oil Co-ordination Committee of the IOC.In nutshell,the Tribunal was of the view that with the performance,original charter party dated 6th May,1997 got extinguished
Facts
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However,since retrospective nature of the registration certificate dated 30.6.2000 is repeatedly being raised in this Court we would like to examine the case law in this regard
Ratio of the decision
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The test laid down by Virsa Singh case4 for the applicability of clause "thirdly" is now ingrained in our legal system and has become part of the rule of law
Precedent
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Various sentences were passed against them by the Additional Sessions judge, Visakhapatnam, who presided over the court
Facts
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S. 34 does not go beyond that
Ratio of the decision
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Darius Shahpur Chennai and ors.,(2005) 7 SCC 627 2005 Indlaw SC 578,this Court held that the right which is conferred under Section 5A has to be read considering the provisions of Article 300-A of the Constitution and,so construed,the right under Section 5A should be interpreted as being akin to a Fundamental Right
Precedent
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Thereupon,the body was sent for postmortem examination through Constable P.Venkateswara Reddy,LW-15.LW-17,P.Devdass,also took photographs of the scene.3 LW-13,Dr
Facts
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It however observed: " But, in our opinion, that should not be the universal rule
Ruling by Lower Court
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See also Karnataka State Coop
Precedent
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No. 40/2-A
Ruling by Lower Court
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b) Bad debts and provisions
Ratio of the decision
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d) by itself all of them can be tried jointly for the different offences committed by each of them in the course of the same transaction and if cl
Ratio of the decision
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Ltd.to the M/s
Ratio of the decision
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ii
Argument
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Discontinuation of business in respect of a product does not necessarily amount to abandonment
Ratio of the decision
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That order is challenged by the accused
Facts
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Appeal dismissed
Ruling by Present Court
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If even thereafter he fails to join duty,his services are liable to be terminated by an order of discharge
Ratio of the decision
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For example, the manufacturer may require the Government to give information regarding the particulars detailed in Form No. 1 of the Fourth Schedule which have been taken into account and those which have been excluded
Ratio of the decision
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Reference was also made to a decision of the Bombay High Court in Lallu v. Jagmohan (1898) I.L.R
Precedent
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Allegedly, therein it was shown that the individuals had received large loans, advances, credits from the Harshad Mehta Group and there had been intermingling of the assets to the tune of crores of rupees
Ratio of the decision
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Insofar as baniyan is concerned, it has no stains of any type on it and therefore its discovery and seizure is meaningless and irrelevant
Ratio of the decision
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1961 Indlaw SC 157 (supra).Bhagwati,J.observed that the ambit of section 35(1) of the Delhi & Ajmer Rent Control Act which fell for consideration in Hari Shanker's case 1961 Indlaw SC 157 (supra) was the same as section 29(3) of the Bombay Rent Act and therefore,he expressed the opinion that the High Court could interfere only if there was miscarriage of justice due to mistake of law
Precedent
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Moreover, the negotiation of a legitimate expectation (falling short of a legal right) is too nebulous to form a basis for invalidating the exercise of a power when its exercise otherwise accords with law
Ratio of the decision
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Private Ltd.v
Argument
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The word "finally" used in Rule 18 of Chapter XVII of the Appellate Side Rules does not and cannot possibly have the effect of barring a right of appeal conferred by the Letters Patent
Precedent
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The acquired land extended from RD 1200 to RD 00
Ratio of the decision
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It is difficult to agree with these propositions
Ratio of the decision
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2.7 crores
Ratio of the decision
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We also agree with him that Civil Appeal No.2299 of 1979 should also be dismissed in so far as it relates to the award dated December 20,1978.However,we do not agree with our learned brother that Civil Appeal No.2299 of 1979 should be allowed in so far as it relates to the order dated December 22,1978 of the Industrial Tribunal which purports to correct the award dated December 20,1978.In our opinion Civil Appeal No.2299 of 1979 should be dismissed in its entirety
Ruling by Present Court
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Dinkar Kashinath Watve 1989 Indlaw SC 421,C.A.No.520 of 1989 decided on 27.1.1989 held as follows: "Even when in the cause title of an application both Art.226 and Art.227 of the Constitution have been mentioned,the learned single Judge is at liberty to decide,according to facts of each particular case,whether the said application ought to be dealt with only u/art.226 of the Constitution
Precedent
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
The High Court while passing the impugned order and judgment did not take into consideration that the accused-respondent has been convicted in another Criminal Case No.202 of 1997 by the Court of Metropolitan Magistrate,Patiala House,New Delhi
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