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After the completion of the first phase the second phase was to start on 10th October 1963 and completed by 9th May 1964
Argument
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The High Court has also held that his evidence is unreliable and further that the Additional Sessions judge was in error in allowing him to refresh his memory by referring to various documents in a manner not permitted by s. 159 of the Evidence Act
Ruling by Lower Court
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Her daughter-in-law Sheela Devi gave evidence as PW-2 and stated that she was married to one Jaibir who worked in the military services; that at 11 to 11.30 PM the accused scaled the door and broke the bulbs in the verandah of her house; that when she identified the accused and raised an alarm the accused ran away; that again he came around 00.30 AM by scaling the door and caught her hand; and that when she raised an alarm and when her mother-in-law woke up,he ran away
Facts
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and PW-14 are the injured witnesses
Facts
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Accused No. 3 then picked up one stone and tried to throw it on Rauji by saying that she was going to kill him with that stone
Facts
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A meeting for selection of the suitable site for construction was held on 27th June,2008,and the proposal for such acquisition and construction was sent to the Director,Land Acquisition on 2nd of July,2008.This was in turn forwarded to the State Government by the Director on 22nd of July,2008.After due consideration of the forwarded proposal and documents,the State Government issued the S.4 notification,along with S.17 notification on 21st of August,2008.These notifications were published in local newspapers on 24th of September,2008
Ratio of the decision
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Issue rule
Facts
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In that suit an injunction was prayed for in respect of 100 acres of the property involved in the suit, but the prayer was rejected
Facts
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Learned counsel heavily relied upon two decisions of this Court: (1) Hardie Trading Ltd.& Anr.v
Argument
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In fixing the prices, a price line has to be held in order to give preference or pre-dominant consideration to the interest of the consumer or the general public over that of the producers in respect of essential commodities
Precedent
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These appeals have been preferred from the judgment and order of the High Court dated 25.11.2009 in Writ Petitions (Civil) No.46457/2009
Facts
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c
Ratio of the decision
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We may mention that in the two orders of this Court dated 30th of January,1975 and 19th of August,1985 referred to herein before,this Court had left it open to the High Court and to the arbitrator to decide whether he is a protected tenant or not.the arbitrator has decided that question and the High Court found over whelming evidence in support of it
Ratio of the decision
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In the said case compensation amount of Rs.4.33 crores was awarded by Special Land Acquisition Officer vide award dated 22nd February,1990
Facts
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Keeping in view the fact that C.W.1 is a close relation of the deceased and obviously interested in punishing the real culprit,such a statement coming from C.W.1 cannot be slightly brushed aside
Ratio of the decision
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The tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register
Statute
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No doubt, as has been rightly pointed out in this case, separate trial is the normal rule and joint trial is an exception
Ratio of the decision
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By that letter warning as contemplated by Regulation No.113 had been issued to the respondent
Ratio of the decision
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Supp.2 S.C.R.906 1962 Indlaw SC 455
Ratio of the decision
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Consequently,the appeal fails and the same is dismissed
Ratio of the decision
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Nath Prasad 3 Pat
Precedent
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In view of the above,the issue is whether it was open to him to assert his purported right to special notice in respect of the final allotment in the instant case given the fact that he did not pursue his objections to the draft scheme and subsequently did not object/participate during the proceedings for re-allotment
Ratio of the decision
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Every appeal under this section shall be in prescribed form and shall be verified in such manner as may be prescribed and shall be accompanied by a copy of the decision,order or direction appealed against any by such fees as may be prescribed
Statute
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The report of the post-mortem examination was admitted by the defence
Facts
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It is further stated that at the time of enquiry,the accused was beaten up by the police and they have seized a gold ring and Rs.5000/-cash from him
Ratio of the decision
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Insofar as Section 56 is concerned,it provides for varying situations in which the person aggrieved may apply for rectification of the registered trade mark from the register
Ratio of the decision
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They must be understood in their plain language and with reference to their meaning in common parlance
Ratio of the decision
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It was in this sense that the House of Lords defined "person aggrieved" in the matter of Powell's Trade Mark: "...although they were no doubt inserted to prevent officious interference by those who had no interest at all in the register being correct,and to exclude a mere common informer,it is undoubtedly of public interest that they should not be unduly limited,inasmuch as it is a public mischief that there should remain upon the register a mark which ought not to be there,and by which many persons may be affected,who,nevertheless,would not be willing to enter upon the risk and expense of litigation
Precedent
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Kay Aar Biscuits (P) Ltd.on their products (biscuits) and,therefore,they were not entitled to the benefit of exemption under Notification No.1/93-CE,as amended
Facts
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By order and in the name of the President. Sd/- (A. P. Veera Raghavan
Facts
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In the present case the Industrial Tribunal on a consideration of the material placed before it came to the conclusion that the company was in an undoubted position to bear the additional financial burden
Facts
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There was an inspection by a team of Professors of the University and it recommended favourably when it stated that the facilities provided by the appellant would be sufficient for establish-ing an Engineering College
Facts
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but we see no justification in the omission of the prosecution to have him examined after he had recovered his health and been discharged from hospital
Ratio of the decision
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State of Punjab,(2001)8 SCC 633 2001 Indlaw SC 224
Precedent
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972 crores apart from the income tax dues whereas the aggregate amount of income tax dues exceed Rs
Argument
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Provided that no contract or agreement shall be cancelled except after giving to the parties to the contract or agreement a reasonable opportunity of being heard
Statute
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On or about 3rd February,1970 the Collector issued notice for acquisition of the property u/s.7(1) of the Requisitioning and Acquisition of Immovable Property Act,1952 being Act 30 of 1952
Facts
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State of Punjab [AIR 1957 SC 623 1957 Indlaw SC 181] following Willie Slaney,this Court held: "In judging a question of prejudice,as of guilt,courts must act with a broad vision and look to the substance and not to technicalities,and their main concern should be to see whether the accused had a fair trial,whether he knew what he was being tried for,whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given a full and fair chance to defend himself
Precedent
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We are in agreement with the course adopted by the High Court and the reasoning which has prevailed with it
Ruling by Present Court
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Conservators,Forest and the seniority of direct recruits shall accordingly be fixed
Precedent
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Dr. B.R.Sharma in his Book 'Forensic Science in Criminal Investigation and Trials' (Fourth Edition), at Page 1160 too has delineated the circumstances that could indicate suicide and while referring to the site of the injury has observed: "Certain sites are predominantly used by suicides for self-inflicted injuries
Ratio of the decision
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The writ petition was disposed of vide order dated 20th August,1999.While disapproving in principle,the action of the IOC in inviting fresh price bids after opening the bids,but without recording final opinion on the merits of the issues raised in writ petition,the Court disposed of the petition,inter alia,directing that (i) the charter hire rates should be fixed by the Tender Evaluation Committee and (ii) as the tender was for the period ending 31st August,1999 and the writ petition was being decided on 20th August,1999,the IOC will not be required to enter into a contract for the period from 1st September,1998
Ruling by Lower Court
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The respondents on 27 December 1985 alleged that they were losing Rs.50,000/-to Rs.75,000/-per episode and indicated that they wanted to get a new sponsor
Facts
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The rule of promissory estoppel can be invoked only if on the basis of representation made by the Government, the industry was established to avail benefit if of exemption
Ratio of the decision
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The second mortgage was executed on the 4th June, 1926, and the third mortgage on the 22nd February, 1927
Facts
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this view of the matter learned counsel for the petitioner has submitted that he may be permitted to withdraw this petition with permission to file a fresh petition on this very cause of action
Facts
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Sub-s.(2) of s.40 of the said Act indicates who are the heirs who would be entitled to hold the tenancy on the death of the protected tenant and on what terms
Statute
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This is punishable under the first part of S. 304
Precedent
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The Schedule appended to the Code is as follows:- Schedule E (See section 247
Statute
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It is in the aforementioned situation,we are called upon to determine the meaning of the words 'for the time being' occurring in S.46(1)(b) of the Act
Ratio of the decision
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S. 11 of the Act reads as under: "Discharge of liabilities
Statute
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2) of S. 235 deals with a case where an offence falls within two definitions and sub-s.(3) deals with a case in which a number of acts are alleged against an accused person, different com- binations of which may constitute different offences
Statute
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Whether he knew of its seriousness, or intended serious consequences, is neither here nor there
Precedent
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1 to 3
Facts
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He, in his deposition specifically stated that he found that the back door as well as the front door of the house were latched from inside and in front of the house there was a road where there was an electricity pole and there was a street tube light by which the house could be visible and even the lights of the vehicles were flashed at the house
Ratio of the decision
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She had joined my service as Copyist and later,she secured an employment in Life Insurance Corporation of India
Facts
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It is not possible for us to accept this contention
Ratio of the decision
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He was required to report this price to the Central Government within two weeks of the commencement of the order and was further prohibited from increasing the price without obtaining the approval of the Central Government
Ratio of the decision
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If we confine ourselves to the limited extent of notice dated 28.01.2008,we have to hear both sides only on the quantum of sentence
Facts
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Ltd.had put up a Unit for manufacture of wafers in Noida which it sought to manufacture under the brand name "Meghraj".Under
Facts
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The Act confers wide power upon the Custodian and the learned Special Court and in that view of the matter, having regard to the principles of natural justice, the judgment and order of the learned Judge, Special Court should have furthermore been supported by sufficient and cogent reasons
Ratio of the decision
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the letter of approval of the AICTE dated 30.4.95 showed that the Central Task Force had given its approval
Ratio of the decision
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Therefore,a tenant or a sub-tenant in possession of a tenement in the Town Planning Scheme is a person interested within the meaning of Rules 21(3) and (4) of the Rules
Precedent
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Their interests have in no way been taken care of
Ratio of the decision
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below those obtained in 1948
Facts
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2).When a plea of tenancy is raised with regard to suit property,an agricultural land,by a defendant who claims to be a tenant of such property under the BT & AL Act and seeks a reference of that issue by the Civil Court to the Mamlatdar under that Act for obtaining a finding thereon,can the Civil Court decide such issue by itself and proceed to decide the suit on the basis of the finding thereon
Ratio of the decision
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It is true that in a case relating to circumstantial evidence motive does assume great importance but to say that the absence of motive would dislodge the entire prosecution story is perhaps giving this one factor an importance which is not due and (to use the clichi
Ratio of the decision
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The expression,therefore,should not be restricted to user by the proprietor himself or any registered user but should also take into account bona fide authorized user
Facts
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1 WLR 1973 that the rules of natural justice do not run in the sphere of legislation, primary or delegated, was cited with approval and two well known text books writers Paul Kackson and Wades H.W.R. were also quoted
Precedent
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In Dhananjoy Chatterjee's case 1994 Indlaw SC 1743 (supra), the decision of this Court in Sharad Birdhichand Sarda v. State of Maharashtra, [1984] 4 SCC 116 1984 Indlaw SC 432, was relied on
Precedent
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41 and 40/1 Grey Street and appointed his brother Jogendra the sole executor thereof
Facts
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It is not necessary for the purpose of this case to dilate much on the distinction between these corresponding clauses
Precedent
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Similarly Z can be charged with offence's under ss
Ratio of the decision
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Vide cl.47 of Notes on Clauses attached to the Statement of Objects and Reasons,it has been clarified that S.64 is also amended vide Patents (Amendment) Act,2005 to confer wider jurisdiction on the Appellate Board in matters of revocation of patent,therefore,amended Section 117G which is brought into force only from 3.4.2007 dealt with transfer of pending proceedings from the High Court to the Appellate Board
Ratio of the decision
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Ltd.& Anr.(AIR 1977 Mad 166
Argument
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Committee was formed,matter was discussed at a leisurely pace at various levels and there is no material fact to justify the abridgement of the appellants' right of raising an objection to acquisition and of a hearing under Section 5A of the Act
Argument
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In fact,no reason in that behalf whatsoever has been assigned at all
Precedent
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In Maneka Gandhi's case where Bhagwati, J. while expounding on natural justice pointed out that in appropriate cases where a pre-decisional hearing was impossible, there must atleast be a post-decisional hearing so as to meet the requirement of the rule audi alteram partem
Precedent
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He did not remember and was therefore not in a position to tell how many number of times the accused Subhash was called for interrogation or making enquiries
Ratio of the decision
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in other words, to ascertain his wishes by putting itself, so to say, in his armchair
Ratio of the decision
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The reasons given by the Allahabad High Court, therefore, do not merit acceptance
Ratio of the decision
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It may mean 'the moment or existing position' as was held by this Court in the case of Jivendra Nath Kaul v
Precedent
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It may be noted here that this Court indicated that the circumstances concerned 'must or should' and not 'may be' established
Precedent
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In this case except the Nodal Centre functions and supervision of the cooperative society, the State has no administrative control over its day to day affairs
Precedent
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The judgment forms subject matter of challenge in these appeals
Facts
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These aspects were highlighted in State of Rajasthan v
Ratio of the decision
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It was contended by Mr
Argument
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Per contra, learned counsel appearing for the respondent-State contended that the evidence of all the witnesses satisfactorily establishes the overt act of the accused persons and Jagdish (PW-5) and Mange Ram (PW-6) being the injured witnesses, the veracity of these witnesses cannot be doubted
Argument
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It is generally agreed that 'legitimate expectation' gives the applicant sufficient locus standi for judicial review and that the doctrine of legitimate expectation to be confined mostly to right to a fair hearing before a decision which results in negativing a promise or withdrawing an undertaking is taken
Ratio of the decision
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Sirsa and in that capacity entrusted with standing crops of Sarson, Gram and Lusan on 30 acres of land a part of 49 acres of land acquired by the Govt
Facts
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She represents the estate in all respects and enjoys very wide power except that she cannot alienate except for necessity and her necessities have to be judged on a variety of considerations
Ratio of the decision
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So far contention that there was violation of S. 157 of the CrPC is concerned, the same is also without any basis for the defence never cross-examined PW-21 on the aforesaid issue
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Martin where the Chief Justice said: "Here there is abundant evidence of waiver,and it is quite clear that a man may by his conduct waive a provision of an Act of Parliament intended for his benefit
Precedent
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Therefore, he brought them along with the residents of the house who were found to be there namely Accused No. 3 and the two juvenile offenders namely Sarita and Sharmila, who were all ladies
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It must,therefore,be held that though the deemed presumption under sub-s.(2) of S.48 is referable to the permitted user or the registered user and it does not extend to unregistered permitted user,the Connecting link of passing off the goods between the licensor's trade mark and the lincesee should bona fide be with the permission or Consent which may be express or implied by long course of dealings
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The said order, however, was modified and clarified by an order dated 5th May, 2004 that the same shall not apply to the sale of commercial properties in view of the order of the learned Judge, Special Court dated 17th October, 2003 wherein it was pointed out that the notified parties did not dispute the commercial properties being put to sale by the Custodian
Facts
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Secondly,and more importantly,during the pendency of the applications,certain events had taken place which had some bearing on the question of locus standi of the first respondent insofar as invocation of Section 46 (1) of The 1958 Act is concerned
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If the documents were material so as to enable the detenue to make an effective representation which is his constitutional as also statutory right,non-supply thereof would vitiate the order of detention
Facts
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If in absence of any such claim filed by the appellant,the authorities have proceeded to finalise allotment of final plot in favour of the respondent Nos.3 and 4 herein,it is too late in the day to contend that the entire scheme should be re-opened
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From the order in question which has been annexed as Annexure P to the Special Leave Petition (C) No.13314 of 1992,it appears that the order was passed on the application on one of the members of Sarkar family Mr
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