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After saying so,the Court rejected the request of the parties to waive the statutory period of six months under the Act
Ratio of the decision
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As the AECO did not have the necessary capital to undertake the work Raju floated in the year 1933 a public limited company called Visakhapatnam Electric Supply Corporation Ltd., and another in the year 1936 called the Anakapalli Electric Supply Corporation Ltd
Facts
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Kay Aar Biscuits (P) Ltd.; that the Department has failed to discharge its burden to prove that the trade name "Meghraj" belonged to M/s
Facts
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SC 3651973 Indlaw SC 291; Hari Chand Sarda v. Mizo District Council and Another, AIR (1967) SC 829 1966 Indlaw SC 125; Krishnan Kakkanth v. Government of Kerala and Others, AIR (1997
Ratio of the decision
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The serious question that survives for consideration is covered by the remaining points which more or less overlap
Ratio of the decision
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SCALE 19 2007 Indlaw SC 5
Argument
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The idol was declared entitled to possession of the said premises with mesne profits for three years prior to the institution of the suit till delivery of possession, but was ordered to pay as a condition for recovery of possession of the said premises a sum of Rs
Ruling by Lower Court
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Workmen,1996
Ratio of the decision
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Chapter II deals with the Revenue Officers,their powers and duties
Statute
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Yet the transaction in which the offences were committed is the same and there is a close association amongst the persons who have committed the different offences
Ratio of the decision
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4) of S. 300 both require knowledge of the probability of the act causing death
Precedent
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Generally speaking, there will be no point in making a will if what is to be given to a widow is what she would get on intestacy and cases do arise where a Hindu wishes to give to his widow a more restricted estate than she would get on intestacy or a much larger estate than that
Ratio of the decision
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1) of Section 6, the State Government may, by notification, apply Standard Standing Orders to such class of undertakings and from such date as may be specified therein
Statute
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State of Tamil Nadu & Others,[1996] 3 SCC 15 1996 Indlaw SC 858
Argument
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Some other objections,not relevant at this stage,were also indicated
Facts
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State of M.P.(2012
Ratio of the decision
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Whatever she may earn thereby shall be her exclusive income and property
Facts
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Ltd.the appellants were not entitled to the benefit of exemption under Notification No.1/93-CE,as amended
Facts
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The respondent No. 2 was asked by the respondent No
Facts
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Strong reliance in this behalf has been placed on Parshotam Lal Dhingra v
Argument
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As there was no inducement or assurance, the question of any promissory estoppel did not arise
Facts
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An appeal against it was dismissed on September 27, 1943
Facts
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He had in anticipation of acquisition and execution of the work appointed A. B. Ranadive, P.W. 14 as Assistant Garrison Engineer who was to be responsible, for all the matters connected with the acquisition of land, demarcation of boundaries as an Engineer Inching for execution of the contract and responsible for the maintenance of the Air Field
Argument
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He urged that the manufacturers had invoked the remedy by way of review, but before the applications for review could be dealt with, they rushed to the court with the writ petitions out of which the appeal and the special leave petitions arise
Argument
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The purpose of the said Act as the Preamble states was,inter alia,to enable the land-holders to prevent the excessive sub-division of agricultural holdings and empower government to assume in certain circumstances the management of agricultural lands,to provide for the registration of Co-operative Farms and to make further provision for matters incidental thereto
Facts
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It was submitted by Mr
Ratio of the decision
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B.E.Billimoria and Ors.(2003) 7 SCC 336 2003 Indlaw SC 618 in the context of ceiling law
Precedent
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Chitale learned counsel for the appellants submitted that the High Court should be directed to consider the issues relating to the jurisdiction of the arbitrator appointed and functioning under the Requisitioning and Acquisition of Immovable Property Act,195 i to decide whether a person is protected tenant of an agricultural land or not in the light of Ss.99 and 102 of the Andhra Pradesh (Telangana Area
Facts
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For all these reasons the evidence of the approver must be left out of account
Ratio of the decision
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The contention of the Appellants to the effect that their properties should have been attached only towards the liabilities incurred by the parties in respect of the transactions made during the Statutory Period, cannot be accepted as all the Appellants being notified, the attachment of the assets would be automatic
Ratio of the decision
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It was noted as follows
Precedent
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Act, 1992 (for short "the Act") in Misc
Facts
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All that the court may do is to direct the Government to dispose of the review application expeditiously according to a time-bound programme
Ratio of the decision
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184,030,038
Ruling by Lower Court
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It is, furthermore not in dispute that in a large number of cases the appellate authorities have set aside Best Judgment assessments
Ratio of the decision
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According to the prosecution the report is a forged document
Argument
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Demand of any or every document,however irrelevant it may be for the concerned detenu,merely on the ground that there is a reference thereto in the grounds of detention,cannot vitiate an otherwise legal detention order
Precedent
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Now, of course, by the amendment made by s. 117 of Act 26 of 1955 for the words "transportation for life" the words "imprisonment for life" have been substituted, but the original structure of all the sections now amended continues
Ratio of the decision
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1, 2 and 3 was conducted during the course of which a number of eye-witnesses were examined on behalf of the prosecution
Facts
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As was observed in Punjab Communications Ltd. v. Union of India of Others, AIR (1999) SC 1801 1999 Indlaw SC 1548, the change in policy can defeat a substantive legitimate expectation if it can be justified on "Wednesbury reasonableness
Precedent
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Initially, Bhimabai was treated well for about six months, but thereafter the appellants started ill-treating her
Facts
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in it has been held that the appellant was not a mere trespasser and had deliberately entered upon the lands knowing full well that he had no right, claim or title to the lands or had in any manner a right to enter the land and has been rightly evicted as a trespasser, he cannot now be permitted to raise this contention before us
Ratio of the decision
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It follows that the test of proximity is not a rigid or mechanical test by merely counting number of months between the offending acts and the order of detention
Precedent
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ii
Ratio of the decision
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Later when it was realized that separate appeals were necessary, the Union of India filed petitions for special leave to appeal against the other manufacturers also
Ratio of the decision
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Thus,the proposal by the Oil Co-ordination Committee was not accepted by the respondent
Facts
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Shri Ashok Desai,learned senior counsel for respondents,resisted the contentions
Argument
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In the appeal of Abdul Khader the proceedings of Revenue Divisional Officer while questioning entry of the name of Abdul Khader in the Register is a genuine one or net and while it is stated that it was entered in the Register in such suspicious way by giving Serial No.1/A between Serial Nos.1 and 2 of Register being Exhibit A.106 and Exhibit A.107,it ultimately held that Abdul Khader was a protected tenant under section 37A of the Andhra Pradesh Act
Facts
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Bombay Tenancy and Agricultural Lands Act,1948(Bombay Tenancy and Agricultural Lands Act,1948
Statute
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The appellants themselves are bhumidar with transferable rights and are residents of village Murchha,tehsil Puwayan in the district of Shahjahanpur,Uttar Pradesh
Facts
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All the work had been done by some of the partners of which appellants were not parties and that they had to do the said work as per instructions of the other partners
Ratio of the decision
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Reference was made to the Hathi Committee report which had recommended a return of 12 to 14% post tax return on equity, that is, paid up capital plus reserves and the 'Statement on Drug Policy' which mentioned that ceiling prices may be determined by taking into account production costs and a reasonable return
Argument
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3) Subject to the general orders of the State Government,the Collector may place any Assistant or Deputy Collector in charge of one more sub-divisions of a district,or may himself retain charge thereof
Statute
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For the aforesaid purpose,they have relied upon the evidence of P.W.42 and the seizure witness P.W.24.The accused had allegedly made earlier confessional statement before P.W.40 on 26-4-2003 leading to discovery of several articles
Ratio of the decision
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The third learned Judge has, on an independent appreciation of evidence, recorded his own findings upholding the conviction of the accused on both the charges framed against him and thus agreeing with one of the two learned Judges constituting the division bench in conclusion
Facts
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Once we have ascertained the nature and character of the review, the further question regarding the scope and extent of the review is not very difficult to answer
Ratio of the decision
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In this connection,it is profitable to have a look at the decision of this Court in the case of Umaji Keshao Meshram v
Precedent
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Kay Aar Biscuits (P) Ltd.who was eligible for exemption under Notification No.1/93-CE,as amended
Argument
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S.2(4),though it forms part of a definition section,contains a substantive provision which is material for our purposes and it runs thus: "2(4
Statute
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At one time it was held that the expression "fact discovered" in the section is restricted to a physical or material fact which can be perceived by the senses,and that it does not include a mental fact,now it is fairly settled that the expression "fact discovered" includes not only the physical object produced,but also the place from which it is produced and the knowledge of the accused as to this,as noted in Pulukuri Kottaya's case 1946 Indlaw PC 23 (supra
Ratio of the decision
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Criminal conspiracy was, however, not an unknown thing before the amendment of the Indian Penal Code in 1913
Ratio of the decision
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Concluding his arguments,he submitted that the respondent has been released after compliance of the order passed by the High Court by furnishing the bone of good conduct and security to the satisfaction of the Additional Court of Metropolitan Magistrate,Delhi and there is no report of any misconduct or breach of the bond of good conduct by the answering respondent since the date of the order of the High Court,therefore,the order of the High Court is not liable to be interfered with
Argument
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At the end of paragraph 18 of the award the Tribunal said: A" mere reading of Exhibit U-15 will immediately dispel the misgivings about the future of the present company
Facts
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Insofar as non-resident Indians and foreign students are concerned,the permissible limit would be only 5% of the total intake for a given year as per the direction contained in paragraph 6 of the order dated May 14,1993 as modified by order dated August 18,19932.The admission against these seats shall be made on the basis of merit
Ratio of the decision
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On 19.04.1988 between 8.30 p.m. and 8.45 p.m., Satish Narayan Sawant, the appellant (Accused No. 1) along with two other accused persons and also with two delinquent children allegedly formed an unlawful assembly and that in furtherance of the said common object stabbed one Rauji Dulba Sawant, the deceased and also assaulted Baby Dulba Sawant (PW-1), Ashok Dulba Sawant (PW-2), Kunda Rauji Sawant (PW-8) and Laxmi Dulba Sawant (PW-18) who are the sister, brother, wife and mother respectively of the deceased
Facts
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Because if it were so it would necessarily rank for precedence before dividends' The dividends can only be paid out of profits and unless and until profits are made no occasion or question can also arise for distribution of any sum as bonus amongst the employees
Ratio of the decision
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However,in that Affidavit he has not stated as to on what basis,in the Agreement of 23.11.89 signed by him,he had declared that M/s
Ratio of the decision
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This Court has observed as follows in the case of Dinesh Kumar v. State of Rajasthan, (2008) 8 SCC 270 2008 Indlaw SC 2034, : "11
Precedent
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This Court by the two orders referred to hereinbefore had also affirmed this position
Ratio of the decision
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In order to invoke the doctrine of promissory estoppel clear, sound and positive foundation must be laid in the petition itself by the party invoking and doctrine the bald expressions without any supporting material to the effect that the doctrine is attracted because the party invoking the doctrine has altered its position relying on the assurance of the Government would not be sufficient to press into aid the doctrine
Ratio of the decision
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If the State acts within the bounds of reasonableness, it would be legitimate to take into consideration the national priorities and adopt trade policies
Ratio of the decision
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The order dated 05.04.1999 (annexure-23),order dated 30.05.1992 (Annexure-7),sale proclamation dated 28.3.1992 (Annexure-2) are hereby quashed and the respondents are directed to restore back status quo ante as on before the auction sale dated 28.04.1992 was held,within a period of two weeks from the date a certified copy of this order is communicated to the competent authority
Ruling by Lower Court
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An adjudication, on the other hand, applies to specific individuals or situations
Ratio of the decision
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SC 79 1989 Indlaw SC 31),it was laid down that when a case rests upon circumstantial evidence,such evidence must satisfy the following tests: "(1) the circumstances from which an inference of guilt is sought to be drawn,must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances,taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence
Precedent
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By reason of a judgment and decree dated 14.11.2003,the District Judge,Udupi decreed the said suit declaring the plaintiff -respondent as a person having the exclusive copyright in respect of seven Prasangas and that she had acquired the same by reason of a Will as a residuary legatee and the defendants -appellants or their employees or agents were restrained from performing the said seven ballets or Prasangas or any parts thereof in any manner as evolved distinctively by Dr
Facts
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Vide S.23 of the Patents (Amendment
Statute
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Som Nath for the said offences and for any other offences punishable under the provision of law in respect of the aforesaid acts by the Court of competent jurisdiction
Facts
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The objection about maintainability of the appeals is,accordingly,overruled
Ratio of the decision
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In the later case, it was also held that a false explanation or false plea taken by the accused can be used as an additional link in the chain of circumstantial evidence subject to satisfication of three essential conditions, namely (i) various links in the chain of evidence led by the prosecution have been satisfactorily proved, (ii) the said circumstance points to the guilt of the accused with reasonable definiteness, and (iii) the circumstance is in proxim-ity to the time and situation
Precedent
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The 2nd respondent made extensive study and research and prepared a format of the proposed serial
Facts
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2 cm x 1 cm; (5) incised wound on lower costal region right side on right epigestic region of size 3 = cm
Facts
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We may mention that the High Court's observation that the approver's evidence was treated as unreliable by the learned Additional Sessions judge is not correct
Ratio of the decision
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It was,therefore,difficult to appreciate why order of detention could not be passed on the basis of the materials gathered by them
Ratio of the decision
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The 1st respondent are an advertising agency and have been the advertising agents in respect of the products manufactured by the petitioners as aforesaid for number of years
Facts
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Conservators,Forests,U.P.rendered on November 6,1990.It would appear that at present there are 215 direct recruits and 100 promotee Asstt
Ratio of the decision
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The appellant would have filed the orders passed by the criminal Courts convicting the respondent herein had an opportunity been given to the appellant
Ratio of the decision
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I became Secretary
Argument
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On the same date,the Tribunal disposed of the application by the following order: "There can be no doubt that a flat increase of Rs.150/-to each of the employees in the category of Draftsmen and of Rs.100/-to each employee in the other categories has been granted under my award
Facts
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During the pendency of the aforesaid writ petition the State Government issued a Notification dated 14th August,1987 u/s.4 read with S.17(4) of the Land Acquisition Act,1894 for the Meerut Development Authority
Facts
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and this holds good after the second remand order-that the Forest officer will do the appraisement of the annual income, forward his report to the Chief Conservator of Forests who will take the said report into consideration and, if necessary, make modifications therein or approve it with such changes as he deems fit
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Appellant objected thereto
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It is clear that the Bench itself has clarified that they are not laying down the law that in spite of issuing notice confining to a particular aspect (in the case on hand -"quantum of sentence") the parties are entitled to urge all points and re-open the case as if they are free to do the same without any restriction
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Here again, the question of clubbing together of the various provisions of cls
Argument
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In the said case,the accused has been convicted under Sections 332/461 of the DMC Act and sentenced to six months simple imprisonment with fine of Rs.5000.In our view,there was no good reason for letting the respondent off by granting to him the said benefit of POB Act particularly,keeping in view the large scale irregularity and unauthorized constructions carried by the builders in Delhi despite strict direction of the Municipal authorities and despite of the Courts passing various orders from time to time against the unauthorized construction
Ratio of the decision
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Hence,this appeal has no merit which is accordingly dismissed
Ruling by Present Court
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Being a penal provision it has to be strictly construed
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Notification No.1/93-CE dated 28.2.93 was issued to help the SSI Units to survive in the market dominated by brand name/trade name
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2, 8, 18 and the complainant herself (PW-1
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Similarly, if we take cl
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The number and extent of spread of stains is also not known
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