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so it was laid down in the time of Henry IV
Ratio of the decision
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In such circumstances what the Court has to consider is whether prejudice has in fact been caused to the accused by reason of the multiplicity of charges or misjoinder, if any, of the charges
Ruling by Lower Court
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Appeals disposed of
Ruling by Present Court
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The said documents,in our opinion,were material
Ratio of the decision
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It is to my mind a clear principle of equity,and I have no doubt there are abundant authorities on the point,that equity will interfere to prevent the machinery of an Act of Parliament being used by a person to defeat equities which he has himself raised,and to get rid of a waiver created by his own acts
Precedent
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The respondents have not acted on the basis of the Government Orders for establishing the units
Facts
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We, therefore, agree with the High Court that the account books of the various concerns to whom payments are said to have been made by the respondents are not by themselves evidence of the fact that no payments were received by them
Ratio of the decision
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If this is the statement of P.W.22 recorded under Section 164 of the Code a witness in whose presence the confessional statement leading to discovery of articles from the house of Hajeeali,P.W.3 had been made,it raises serious doubt regarding the voluntariness of the statement
Ratio of the decision
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In Modi's Medical Jurisprudence and Toxicology (23rd Edition) at page 765 while dealing with identification of homicidal and suicidal injuries it has been observed that : "A suicidal firearm wound is usually a contact wound situated on the side of the temple, depending on which hand was used to shoot himself, in the centre of the forehead, the roof of the mouth, in the chest or epigastrium in front or the left side and some times under the chin
Ratio of the decision
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The power to approve implies the power to disapprove or modify but not to report or arrive at an income de hors the Forest Officer's Report altogether
Ratio of the decision
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126 of 1096
Facts
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Such demand or harassment may not strictly and squarely fall within the scope of these provisions unless definite evidence was led to show to the contrary
Ratio of the decision
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Dr. Dhawan is not correct in his submission that a separate ticket need not be issued and what was necessary was merely to show that the Appellants had been recognized by the State as its employees having been provided with employment code
Ratio of the decision
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He had no axe to grind against any of the accused
Ratio of the decision
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If time is allowed to lapse whatever price is fixed, it soon becomes out of date
Ratio of the decision
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Every appeal shall be made within three months from the date of the decision,order or direction,as the case may be,of the Controller or the Central Government or within such further time as the Appellate Board may,in accordance with the rules made by it,allow
Statute
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In the case of Consolidated Foods Corporation v
Precedent
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Jaswant Sugar Mills Ltd.in C.A.Nos.6172-6174 of 2013
Facts
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Accordingly, we convict the appellant under Section 304, Part II of IPC and sentence him to undergo imprisonment for a period of 7 years
Ruling by Present Court
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He has argued in person and with passion
Ratio of the decision
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The conviction and sentence of the appellants for the offence under Section 3 TADA cannot therefore,be sustained and is hereby set aside
Ruling by Lower Court
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JAG PRAJA and JAG PRAYOG
Facts
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He also submitted that the police officer (PW-21) who received the information about the incident started investigation without recording either any general diary (for short G.D.) entry or the FIR and, therefore, the FIR which has been proved in the trial court is hit by the provisions of S. 162 of the Criminal Procedure Code (for short "the CrPC
Argument
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Once such a jurisdiction was invoked and when his writ petition was dismissed on merits,it cannot be said that the learned Single Judge had exercised his jurisdiction only u/art.226 of the Constitution of India
Ratio of the decision
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It was found that Accused No. 1 was having injury on his back
Ratio of the decision
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In fact,during the tenure of his service in the Board the respondent had been transferred from one place to another place several times
Ratio of the decision
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Moreover,if a lessee of a property takes a mortgage of the sum property from the landlord,it would be unreasonable to attribute to a tenant the intention to surrender the tenancy and to invoke the sophisticated doctrine of implied surrender as has been held by the Gujarat High Court in Patel Atmaram Nathudas v
Ratio of the decision
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The application was as follows: "In the above reference your honour was pleased to pass an award on 20th December,1978
Ratio of the decision
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December 1,1986,40 more posts were created
Ratio of the decision
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This view is now concluded by the decision of this Court in Madras Bangalore Transport Co.(West) v
Ratio of the decision
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The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocating among Ministers of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion
Statute
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Ltd.and where there is evidence of the appellants trading on the reputation of M/s
Ratio of the decision
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The appellate Court held that no interference is required in the order passed by the trial court regarding point of sentence
Facts
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Such findings were firstly,that the defendants had failed to prove that the suit properties were sold in favour of defendant-l subsequent to the giving of security of those properties in his favour under the mortgage deeds; secondly,that the defendants had failed to prove the past tenancy of the suit properties on its view that what was pleaded by them in the written statements was tenancy prior to the date of filing of the suit; and thirdly,that the mortgages of the suit properties were mortgages by 'conditional sale
Facts
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The open-ended nature of our Constitution needs a harmonious reconciliation between various competing principles and the overhanging shadows of socio-economic reality in this country
Ratio of the decision
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It was emphasised that this aspect was not considered by the Court of Small Causes and the High Court,therefore,was justified in interfering with the findings of the Court of Small Causes
Ratio of the decision
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For the said purpose,it must be noticed as to what is a copyright and in respect of the matters the same cannot be claimed or otherwise the same is lodged by conditions and subject to statutory limitation
Ratio of the decision
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True, any heir or perhaps any descendant of the founder can bring a suit
Precedent
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6.As
Precedent
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The Appellate Board after 2.4.07 is entitled to hear appeals only arising from orders passed by the Controller under S.25(4),i.e.,in cases of orders passed in "post-grant opposition
Ratio of the decision
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By reason thereof, the property that belongs to a notified person stands attached simultaneously with the issue of the notification that makes him a notified party
Precedent
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He argued that the appellant has not taken the plea of the first respondent not being a 'person aggrieved' with respect to filing of the applications for rectification before the IPAB; merely urging the plea that the first respondent has no locus standi in the written submissions before the IPAB is not sufficient
Argument
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Regulation 2 states that these regulations will be applicable to proposals relating to "(a) grant of approval of the Council for establishment of new technical institutions including Universities or University depart-ments and deemed Universities and for technical institutions function-ing on the date of commencement of these regulations at Degree and Diploma levels; (b) grant of approval of the Council for introduction of any course or programme in the technical institutions and technical departments or Universities or deemed Universities; (c) grant of approval of the Council for existing intake capacity of seats and for increase in the annual intake capacity of seats in courses and programmes
Statute
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Accused Pathan Hussain Basha,when he had gone to the parental house of the deceased,demanded different items like fan,ring and Rs.1,000/in cash,and the balance of the agreed dowry amount
Ratio of the decision
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State of Karnataka -2001
Precedent
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Act,2002 was promulgated on 25.6.2002.However,it was not brought into force immediately
Facts
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A public servant is said to commit the offence of criminal misconduct, (a) If he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person any gratification other than legal remuneration as a motive or reward such as is mentioned in Section 7; or (b) If he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person,any valuable thing without consideration or for a consideration which he knows to be inadequate from any person whom he knows to have been,or to be,or to be likely to he concerned in any proceeding or business transacted or about to be transacted by him or having any connection with the official functions of himself or of any public servant to whom he is subordinate,or from any,person whom he knows to be interests in or related to the person so concerned; or (c
Statute
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Copyright has nothing to do with originality or literary merit
Precedent
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Nagappa Shankarappa Malaga and Others 1976 Indlaw SC 400 and Gambangi Appalaswamy Naldu and Others v
Argument
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Under sub-s
Statute
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The accused was in need of money to chase mathematics paper and for the aforesaid purpose he has killed the deceased to take away the valuable articles like computer and gold ornaments to sell such articles in the market
Facts
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Satisfaction of this basic test in every State action is sine qua non to its validity and in this respect,the State cannot claim comparison with a private individual even in the field of contract
Precedent
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The entry by itself is of no help to A in his claim against B but it can be considered by the court along with the evidence of A for drawing the conclusion that the amount was paid by A to B
Ratio of the decision
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Furthermore,the State has not been able to produce any recovery certificate of any department showing any dues against the Company
Argument
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But for the reasons mentioned by the High Court the sale has been cancelled
Ratio of the decision
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AL Act even if the plaintiff could obtain a decree for redemption of the suit properties,which relief was sought in the suit
Ratio of the decision
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Justice Deepak Kumar Sen dated 23.9.1980 directing the Receiver to allow M/s
Argument
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He had claimed rights of a protected tenant
Argument
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Karanth by way of permanent injunction
Ruling by Lower Court
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And I hereby direct that you be tried on the above said charge by this court
Facts
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Similarly,appellant being an educational institution,if the dance is performed within the meaning of provisions of clause (i) of sub-section (1) of Section 52 of the Act strictly,the order of injunction shall not apply thereto also
Ratio of the decision
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Thereupon, the appellant went and removed the fuse of the said light
Facts
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As early as 1957,the concept of waiver was articulated in a case involving the late assertion of a claim regarding improper constitution of a Tribunal in Manak Lal v
Precedent
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Ray the learned senior counsel appearing for Bansilal Farms in addition to the contentions raised by Mr
Argument
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The facts emerging in the case indicate that the petitioners had joined the production of the suit serial after some concrete beginning had been made like recording of the title song,the conceiving of the title and format of the suit serial,etc
Facts
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It would do well to recall that the claim of the Union filed before the Tribunal also centered on the need to revise the wage scales
Ratio of the decision
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d) Statement of the accused leading to recovery of incriminating materials such as knife,rope,clothes,wooden log and other valuable articles such as computer,gold ornaments,"M
Facts
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The said power is not vested with any other court
Precedent
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He deposed that Doctor Sahab is her husband and Shivendra and Jitendra are her sons
Facts
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R.K.N.G. Raju took till towards the end of 1947 and died at Madras in April, 1948
Argument
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Rich Food Products Pvt
Facts
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The last objection was that the charge of conspiracy was added to the charge sheet very late
Argument
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In such a case the express or implied terms of the agreement should normally govern the matter
Ratio of the decision
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Salambin Mohammad [(1992) 2 SCC 635 1992 Indlaw SC 355],this Court at paragraph 20 has observed as follows : "In view of the above decisions,even though we are now dealing with the appeal after grant of special leave,we are not bound to go into merits and even if we do so and declare the law or point out the error
Precedent
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The post-mortem examination on the body of deceased Bhimabai was conducted by a team of two doctors of Department of Forensic Medicine and Toxicology, Medical College, Aurangabad, namely, Dr. S.M. Jawale and Dr. H.V. Godbole on 16 September 1991
Facts
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Having regard to the importance of the questions involved we consider it appropriate to issue notice to the Attorney General of India as well as the Advocates General for the States
Ratio of the decision
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Prior to the passing of the aforesaid order on April 18,1979 while granting special leave petition on 10.11.1978 this Court had directed that the State of West Bengal will be made a party to the proceeding and further the Collector Parganas was appointed as Receiver in respect of the fisheries owned by the Sarkar family
Facts
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P. 24 as also to establish that there was standing crops on the land when the possession was delivered on 13-2-63 on certain witnesses who were present on the respective occasions
Ratio of the decision
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According to the prosecution both these concerns were running smoothly and efficiently during the lifetime of D.L.N. Raju because he was personally attending to their affairs
Argument
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Sometimes, the firing is done by pulling a string tied to the trigger by the big toe
Ratio of the decision
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He,therefore,urged that the High Court was right in quashing the Collector's order dated February 23,1973
Argument
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A.R.Khan,Secretary (Revenue) has made many appointments of Mandols/ Process Servers/ Zilladars in the recent months against which I have been complaining that the Secretary (Revenue) has no power or authority to make any appointments of field staff as per Rules provided under M.L.R.Act,1960.In this regard,I have apprised the matter to the Hon'ble Minister (Revenue) already and also informed the Chief Secretary,Manipur explaining that the Secretary (Revenue) cannot make such appointments of field staffs,even if he wanted to do so,all the relevant files should have been routed through the undersigned so that the same may be brought to the notice of the Hon'ble Minister (Revenue).His action has created lots of misunderstanding and confusion
Facts
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It may be mentioned that only from that point of view viz.to grant flat increase of Rs.150/-and of Rs.100/-to the employees in the category of Draftsmen and the other categories respectively that a burden statement was called for from the company and the same was submitted (vide Ex
Ruling by Lower Court
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An applicant must therefore show that "in some possible way he may be damaged or injured if the trade mark is allowed to stand; and by 'possible' I mean possible in a practical sense,and not merely in a fantastic view
Ratio of the decision
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That being the position,the High Court had come to a proper conclusion that the entries in the RTC extracts produced by the appellants could not support the contention that they were cultivating the land in dispute as the tenants
Ratio of the decision
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v. Union of India, [1997] 3 SCC 398 1996 Indlaw SC 1561 it was observed that once public interest is accepted as the superior equity which can override individual equity the principle would be applicable even in cases where a period has been indicated for operation of the promise
Precedent
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Having heard the appellant at some length, we see no flaw in the High Court's order on this aspect of the matter
Ratio of the decision
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While testing the reliability of such evidence the court has to see whether it was voluntarily stated by the accused
Precedent
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This amended Section 117G was also brought into force vide Notification dated 3.4.2007.Under Notes on Clauses attached to the Statement of Objects and Reasons,it has been clarified,vide cl.62
Ratio of the decision
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In the meantime, police jeep arrived at the scene and on seeing the police jeep, all the accused ran away from the courtyard and went inside
Facts
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Bhimasankaram, supporting the view taken by the High Court then contends that it is not permissible to frame a charge of conspiracy when the matter has proceeded beyond the stage of conspiracy and that in pursuance of it offences have actually been committed
Ruling by Lower Court
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The decision in Singarachariar's Case 1934 Indlaw MAD 352
Ratio of the decision
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Order, 1979 the Central Government issued notifications fixing the maximum prices at which various indigenously manufactured bulk drugs may be sold by the manufacturers
Facts
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The said appointments were made on temporary basis
Facts
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Karanth had composed seven verses or prasangas for staging Yaksharanga Ballet apart from bringing in changes in the traditional form thereof on its relevant aspects,namely,Raga,Tala,Scenic arrangement,Costumes etc
Facts
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Learned counsel would contend that keeping in view the nature and magnitude of an offence under COFEPOSA,a distinction must be made between an order of detention passed under COFEPOSA vis-a-vis other Acts as per the law laid down by this Court in Rajendrakumar Natvarlal Shah v
Argument
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Indeed, if the Actual income were to be the foundation for computation of compensation on the premise that not actual income has accrued, the compensation might be zero
Ratio of the decision
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There was no separate dearness allowance until January,1977 when it was introduced for the first time
Facts
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if he re-occupies the land after eviction
Statute
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The evidence contained in the award throughout provides incontrovertible proof that this flat increase was never originally intended in the award
Ratio of the decision
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