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Because of all these things he had C. S. Raju replaced towards the end of the year 1951 by one Subbaramayya, a retired Finance Officer from the Madras Electricity Board both as a Director of Andhra Cements and as a Supervisor over the accounts of VESCO
Facts
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2).No order of the Mamlatdar,the Tribunal,the Collector or the Maharashtra Revenue Tribunal or the State Government made under this Act shall be questioned in any Civil or Criminal Court
Statute
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Therefore, recording of the FIR at about 3.00 a.m. in the morning was justified and properly explained and it cannot be said that there was any delay in recording the FIR
Ratio of the decision
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Dowry is a fairly well known social custom or practice in India
Ratio of the decision
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It is open to the petitioners to give evidence that after the date of vesting many of the trees and forest produce have been removed
Facts
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Form No. 1 which is referred to in paragraphs 3(4), 5 and 8(1) is titled "Form of application for fixation or revision of prices of bulk drug
Statute
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viii)Dr. Hitesh Mehta and Dr. Pratima Mehta who are medical practitioners by profession having affirmed affidavits admitting that the share broking and investment businesses which were part of family businesses were undertaken and conducted by late Harshad Mehta and they had no knowledge thereabout nor were they involved therewith
Argument
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Thereby,the action of the State is in defiance of the direction issued by this Court
Ratio of the decision
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The High Court was directed to dispose of the LPA on merits if it was otherwise free from defect
Ratio of the decision
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The purpose of asking questions during examination under Section 313 Cr
Ratio of the decision
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We are of the considered view that the concept of reasonable time is the best criteria to be applied for appreciation and examination of such cases
Ratio of the decision
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Nor, in their Lordships' view, is a sanction given without reference to the facts constituting the offence a compliance with the actual terms of cl
Precedent
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Individual workmen were not present to the mind of the Tribunal
Ratio of the decision
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His successor, however, apart from the fact that be continued to be staying mostly at Rajahmundry, was also interested in several other ventures, including a sugar factory at Dewas in Central India
Argument
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This was apparently done under some misapprehension that it would be enough if a single appeal was filed
Ratio of the decision
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In the first place according to the High Court, joint trial of two or more persons in respect of different offences cornmitted by each of them is illegal and that here as they were charged with having committed offences under s. 120-B, s. 409, s. 477-A and s. 476/467, I.P.C
Ruling by Lower Court
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No amount,whatsoever,is due and payable by the Company to the State
Argument
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The appellants-M/s
Facts
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to him was also negatived, as the Court held that the words "any crop or other product raised on the land" occurring in s. 9 of the Act would not include trees
Facts
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Underlying muscles were exposed and contamination was present
Argument
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The successor Receiver,in the circumstances,therefore,was fully justified in bringing it to the notice of this Court by giving a second report indicating therein that his predecessor had erroneously taken the possession of Nalban Fishery which is in contravention of the directions of this court dated 18.4.1979 and for which the Receiver offered his unconditional apology
Ratio of the decision
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But that principle does not create any cause of action, which did not exist before; so that, where a promise is made which is not supported by any consideration, the promise cannot bring an action on the basis of that promise
Precedent
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In that case an applicant to bring lands under the Real Property Act filed his case in court under Section 21,more than three months after a caveat had been lodged,and thereafter obtained an order that the caveator should file her case,which she accordingly did
Precedent
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12.Explanation appended to Section
Precedent
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An accidental slip or omission implies that something was intended and contrary to that intention what should not have been included has been included or what should have been included has been omitted
Ratio of the decision
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Then followed three revision petitions to the High Court which led to the order of remand now attacked before us in the present appeals
Facts
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Since the seniority,as per the direction of this Court,was made only to substantive posts,some of the direct recruits became temporary direct recruits and the seniority was determined accordingly
Argument
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It goes without saying that the learned Tribunal shall deal with the matter uninfluenced by any observations in this order on the respective stands of the parties
Ruling by Present Court
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Their appointments were also cancelled on similar grounds
Facts
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However,said revision RTS 330 of 2001 is tenable since the appeals as provided under Section 247 and 249 intervene in between the revisional orders passed by the Sub-Divisional officer and the Commissioner
Ruling by Lower Court
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We are therefore not impressed with this argument
Ratio of the decision
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471/467 are of different kinds and are not capable of joint commission
Ruling by Lower Court
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We are informed that till date no appointments in terms thereof have been made
Ratio of the decision
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It says nothing about non-existence of entries in account books
Ratio of the decision
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PW.2 Babaji is real brother of father-in-law of PW.1 Tukaram
Facts
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the meantime,as a result of the ex parte ad interim injunction granted on 19th December 1985 by this Court in Suit No.2408 of 1985,there was no question of Thukral using the trademark Field Marshal till the injunction was vacated on 19th January,1988
Facts
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In our view,the grievance of the applicant when he invokes Section 46(1) must not only be taken to have existed on the date of making application but must continue to exist when such application is decided
Ratio of the decision
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We must,however,guard ourselves against permitting in the guise of revision substitution of one view where two views are possible and the Court of Small Causes has taken a particular view
Ratio of the decision
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Thakkidiram Reddy
Precedent
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In fact one of the contentions raised on behalf of the Appellants had been that if commercial properties are sold, there would be no need to sale the residential properties
Argument
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142 of the Constitution
Precedent
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In view of the fact that this Court vide order dated 27th
Ruling by Present Court
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In order to appreciate and consider the argument it is desirable to bear in mind the changes in the magisterial set up in the former province of Madras which comprised within it the district of Visakhapatnam
Ratio of the decision
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Even if the rights of the lessee and the rights of the mortgagee in respect of a property were to be united in one person the reversion in regard to the lease and the equity of redemption in regard to the mortgage,would be outstanding in the owner of the property and accordingly,there would not be a complete fusion of all the rights of ownership in one person
Precedent
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In the case of Biswajit Halder alias Babu Halder and Others v
Precedent
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It has been contended firstly that the High Court was in error in relying on certain evidence for convicting the accused which was not put to him
Ratio of the decision
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An appeal shall lie from a judgment or order passed by the one Judge of the High Court in exercise of original jurisdiction u/art.226 of the Constitution of India,to a Division bench comprising of two judges of the same High Court
Statute
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In spite of the Government order all Magistrates who have, under Sch
Ratio of the decision
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The power of the State Government has further been widened by Section 259 of the Code,which reads as under:- "259.Rules as to decisions or orders expressly made final Whenever in this Code,it is provided that a decision or order shall be final or conclusive,such provision shall mean that no appeal lies from any such decision or order; but it shall be lawful to the State Government alone to modify,annul or reverse any such decision or order under the provision of Section 257
Statute
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Temp-I dated 17-2-1998
Facts
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307 IPC is unassailable
Ratio of the decision
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It was open to the Tribunal to adopt the position which it did
Ratio of the decision
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Jaswant Sugar Mills Ltd.& Ors.),C.A.Nos.7123-7124 of 2003,C.A.No.7125 of 2003 (Shri Munindra Singh & Anr.vs
Ratio of the decision
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The evidence of investigating officer given in the court should have a rhythm explaining step by step how the investigation proceeded leading to detection of the offender and collection of evidence against him
Ratio of the decision
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Even though the concept of public purpose was introduced by pre-constitutional legislation,its application must be consistent with the Constitutional ethos and especially the chapter under Fundamental Rights and also the Directive Principles
Ratio of the decision
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It seems that being aggrieved of the decision of the IOC to invite revised price bids after opening of the sealed tenders,one of the bidders filed a writ petition in the Bombay High Court,questioning the said decision
Facts
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Conspicuous by its absence is any reference to a flat increase in the pay of an individual workmen
Ratio of the decision
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Kay Aar Biscuits (P) Ltd.declared that his company was the owner of the registered trade mark "Meghraj".The name of that Director is Madan Verma
Ratio of the decision
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The inves-tigation commenced
Facts
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This Court is of the opinion that the concept of public purpose in land acquisition has to be viewed from an angle which is consistent with the concept of a welfare State
Ratio of the decision
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Since we are not concerned with a certification trade mark,the process for registration of which is entirely different,we may exclude the interpretation of the phrase "person aggrieved" occurring in Section 69 from consideration for the purposes of this judgment
Precedent
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They might have been subjected to the provisions of the employees provident fund and might have been granted the benefit of leave or given some employment code and their names might have found place in the seniority list amongst others, but thereby they cannot be said to have been given a permanent ticket
Ratio of the decision
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A judicial inquiry," said he, "investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist
Ratio of the decision
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of India, Ministry of Home Affairs on llth April, 1966 as per Ex. P.23
Facts
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etc
Ratio of the decision
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It is to be noted that PWs 7 and 13 were the injured witnesses and PW 10 was another eyewitness and was the informant
Precedent
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The land of the Company measuring 1.391 Hectares in village Maliyana was put to auction
Facts
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The learned counsel for the appellants relied upon the Judgment of this Court in Budhsen and Anr
Precedent
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The issue with regard to the initiation of the investigation without recording the FIR was succinctly addressed by this Court in the case of State of U.P. v. Bhagwant Kishore Joshi, (1964) 3 SCR 71 1963 Indlaw SC 268, observed as follows: "17
Precedent
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In this sense the term includes "fructus industrials" and having regard to the etymology of the word it has been held to mean only products after they have been severed from the soil
Argument
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It makes it obligatory on the part of the officer to give notice of the date on which he will commence his duties and shall state therein the time,within which the owner of any property or rights which is injuriously affected by the making of the town planning scheme shall be advertised in one or more newspapers published in the regional language and circulating within the jurisdiction of the local authority and shall be posted in prominent places at or near the area comprised in the scheme and at the office of the Town Planning Officer
Statute
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To that extent,after the coming into force of the Central Act,the provisions of the University Act will be deemed to have become unenforceable
Ratio of the decision
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According to the Commissioner (A),the appellants used the trade name "Meghraj" in the form of a logo which was printed on the wrapper
Facts
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Certain basic facts are not denied or disputed
Precedent
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Ltd.and Ors.(2007
Precedent
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On 13.10.2003,Appellant was arrested
Facts
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Premier Automobiles was considered and it was affirmed that the judgment in that case could not be treated as precedent and could not afford any appreciable assistance in the decision of price fixation cases as it proceeded partly on agreement between the parties and partly on concessions made at the bar
Precedent
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If he establishes the correctness of his facts he will get his relief from the forum chosen
Ratio of the decision
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Secondly, according to him, no direction has in fact been shown to have been made by the State Government conferring upon an Additional District Magistrate the power of the District Magistrate to grant pardon
Ratio of the decision
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It was urged that a mere agreement between two parties cannot constitute ownership of the trade mark in favour of M/s
Argument
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The caution, particularly in the changing scenario becomes all the more important
Ratio of the decision
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viii
Ratio of the decision
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Appeals allowed
Ruling by Present Court
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Several authorities were cited and were considered and principles deduced and relied upon in that behalf
Precedent
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The words "raised on the land" qualify both the 'crop' and 'other product', so the words "other product" have to be read in the context of the word 'crop' which precedes it
Ratio of the decision
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That being the factual position, we are of the considered view that the present case cannot be said to be a case u/s
Ratio of the decision
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In the above two writ petitions to admit students to their colleges on the basis of entrance test conducted by them and on the same basis on which admissions were made by them in the said colleges in the previous academic year
Facts
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Dhavan that paragraph 12 of the Will,namely,residuary clause shall apply in the instant case apart from the areas which are otherwise covered by paragraph 11 of the Will
Ratio of the decision
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The facts giving rise to the said question are these : By Hajur Order No.116 dated October 27,1933,the respondent (Maharaj Shri Amar Singji Himatsingji) was granted Daljitgarh Jagir comprising of 10 villages mentioned in the said order in jivarak (for maintenance) by the then Ruler of Idar; by another Hajur Order No.807 dated January 12,1934,the respondent was given a further grant in jivarak of 3 villages mentioned in that order with effect from October 1,1933; by yet another Hajur Order No.964 dated November 21,1947,14 villages (including Kapoda and Isarwada) were granted in jivarak to the respondent by the Ruler of Idar in substitution of the villages mentioned in the previous two orders
Facts
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Rule 18 provides that where such petitions are filed against orders of the tribunals or authorities specified in Rule 18 of Chapter XVII of the Appellate Side Rules or against decrees or orders of courts specified in that rule,they shall be heard and finally disposed of by a Single Judge
Precedent
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He shall be set at liberty forthwith if not required to be detained in connection with any other offence
Ruling by Present Court
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Interpretation of the provisions of S.46(1)(b) of the Trade and Merchandise Marks Act,1958 (hereinafter called and referred to for the sake of brevity as 'the said Act') is involved herein
Facts
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Nor can it be doubted that fitment into the revised pay scales is certainly a part of the revision of pay scales
Ratio of the decision
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It is necessary also to note the provisions of s.99 of the Act
Statute
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He furthermore wanted to treat the liabilities of the notified entities also as their separate liabilities
Argument
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He confirmed the fact that Rs.15,000/was given at the time of marriage and Rs.10,000/was to be given within some time,which the father of the deceased failed to provide
Ratio of the decision
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A new cash book was also said to have been prepared by the conspirators with the object of covering up the misappropriations which had been made
Facts
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As noted above,after the extended period of Charter Party dated 6th May,1997 had come to an end on 31st August,1998
Ratio of the decision
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The following remarks in the Privy Council decision in Nathu, Ram Mahajan v. Gangayabai (1938
Precedent
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In view of that statement,a submission was made on behalf of the first respondent that it may be permitted to withdraw the petition with liberty to file a fresh petition on the same cause of action
Argument
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