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The situations covered by this section include: (a) the contravention or failure to observe a condition for registration; (b) the absence of an entry; (c) an entry made without sufficient cause; (d) a wrong entry; and (e) any error or defect in the entry
Precedent
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I,therefore,deny making of such appointments
Facts
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On asking a few questions by way of preliminary examination the learned Trial Judge found that the witness could 'answer some of the questions
Precedent
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Each clause is an exception to the general rule enacted in s. 233, Cr
Precedent
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In Dr. A.K. Jain and Others etc
Precedent
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What is necessary is that the average cost of production by 'an efficient manufacturer' must be ascertained and a reasonable return allowed on 'net worth
Ratio of the decision
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The High Court recorded a finding and it is not disputed across the bar,that the appellant had entered into an agreement with Sen Raleigh which was a permitted user and used the trade mark till November 1,1976 and thereafter by registered user agreement dated December 20,1976 used trade mark for a period of 5 years
Ratio of the decision
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We are of the opinion that the High Court was not in error in so holding
Ratio of the decision
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28 states how the amount of compensation is to be determined and the methodology of payment
Statute
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Conservators,Forest
Argument
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In the absence of such material,we find no substance in this contention
Ratio of the decision
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In the said sale certificate the C.T.S.No 129,130-A,130-B and 133 of Village Lonavala were mentioned
Facts
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When the matters were taken up on March 16,1994,the Court felt that it was necessary to reframe the first two questions
Ratio of the decision
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It is, therefore, clear to us that the story of unknown assailants entering the house and causing Mukhtiar Kaur's murder etcetera has to be ruled out and that the prosecution story that it was the appellant who had first shot Mukhtiar Kaur and then attempted to commit suicide, stands proved
Ratio of the decision
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The next question that arises for consideration is whether the Receiver appointed by this Court was at all entitled to take possession of the Nalban Fishery pursuant to the Order of this Court or the Nalban Fishery could not have been taken possession by the Receiver and,therefore,the second Receiver rightly corrected the mistake committed by his predecessor
Ratio of the decision
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RPC 333) and Australian Wine Importers' Trade Mark
Argument
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The University also granted permission on 21.11.87 for the academic year 1987
Precedent
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The object and purpose of giving warning is to remind the delinquent employee that if he continues to be absent from duty he would be liable to action under Regulation 113 and to afford him an opportunity to make amends by joining his duty
Ratio of the decision
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M/s
Facts
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He further contended that the special circumstances enumerated in sub-s.(3) of S.46 must be such that the respondents had intended to use the registered trade mark
Argument
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Charge of conspiracy, according to the High Court, can be validly made only when the prosecution establishes that every conspirator expected to receive a personal benefit from it and that the prosecution has not been able to establish that the respondent No. 2 or the approver evidently had any such expectations since they did not in fact receive any corresponding benefit
Ruling by Lower Court
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Respondent No.1 thereafter filed a suit in the Delhi High Court for grant of a decree of permanent injunction being Suit No.2408 of 1985 alleging infringement of the said mark and/or claiming right of passing off in respect thereof
Facts
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The trial Court sentenced the appellant to death under Section 302 IPC and to undergo rigorous imprisonment for life and pay a fine of Rs
Ruling by Lower Court
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The nature of their employment continues save and except a case where a statute interdicts which in turn would be subject to the Constitutional limitations
Ratio of the decision
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Adverse possession,in such circumstances is a notion almost void of content
Precedent
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Accused No.2,Pathan Nazeer Abi had given her some amount and asked her to go and bring the soaps
Ratio of the decision
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It was also reiterated that the decision in Shree Meenakshi Mills' case was based on a special agreement between the parties and therefore, had no relevance to the question before them
Precedent
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This is what has exactly happened in this case resulting into utter confusion with regard to pending FAO No.293/06 filed by respondent No.3 in the High Court u/s.116 of the Indian Patents
Facts
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It is true that the respondent No
Ratio of the decision
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The following points arise for consideration : (1
Ratio of the decision
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A regular case, is therefore registered and entrusted to Inspector Baldev Rai Handa for investigation
Facts
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In Mota Ram vs
Precedent
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The fact that ear rings were on the dead body is admitted by the prosecution
Ratio of the decision
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First and the foremost,we must consider what is the evidence led by the prosecution to bring home the guilt of accused
Ratio of the decision
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He has also relied on the judgment of Balu Sonba Shinde v. State of Maharashtra (2002) 7 SCC 543 2002 Indlaw SC 1923 to contend that it was open to the accused to take advantage (insofar as possible) from the statement of a witness though declared hostile and the four witnesses having disowned the prosecution story and having given a different version, the appellant was entitled to derive such benefit as possible in this situation
Argument
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Puran Singh had however transferred 30 or 35 bighas of agricultural land falling to his share after the death of his father in the name of the appellant's sons by a collusive decree in the year 1994 and the suggestion was that this transaction had been objected to by Mukhtiar Kaur who was demanding that the land be returned to her
Facts
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The Model Engineering College,Emakulam was a selffinancing Engineering College and others were the colleges at Changannur and Pathansamthitta and there was a self-financing engineering college at Kasargode
Argument
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The offences having been proved against the accused and keeping in view the attendant circumstances,we are of the considered view that ends of justice would be met,if the punishment awarded to the appellants is reduced
Ratio of the decision
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The power of the High Court to revise the order is contained in section 29(2) of the Bombay Rent Act as applicable at the relevant time to Gujarat,The said provision reads as follows: "29(2
Statute
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vi
Ratio of the decision
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Till 28th November,1984,the Company was the owner of the units/Sugar Mill
Ratio of the decision
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It has been noticed by us hereinbefore that under Rule 26 of the Rules applicable in the instant case,as distinguished from the Bombay Rules (wherein special notice is required),no special notice is mandatorily required to be served
Ratio of the decision
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It may be true that the period of detention is over
Ratio of the decision
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Because if that theory was accepted a company would not declare any dividends but accumulate the profits, build up reserves and distribute those profits in the shape of bonus shares or reduce the capital in which event the workers would not be entitled to claim anything as and by way of bonus
Ratio of the decision
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She has stated in her examination-in-chief that Bhimabai was being ill-treated by the appellants and the reason for ill-treatment was that they were demanding money to be brought from her parental home
Facts
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THAT
Facts
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Explanation
Statute
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Therefore,under section 121A of the Act,in the presence of any of the abovementioned circumstances,the High Court is empowered to look into the legality of the orders impugned in deciding the question whether the appellants could be held to be the tenants under the respondent Nos.3 or 4
Ratio of the decision
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Every owner or tenant or a sub-tenant,in possession on that date alone shall be entitled to a notice and opportunity
Precedent
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Finally he said that the court did not perform its duty under s. 342 (4) of the Code as amended as it failed to bring to the notice of the respondents that they may, if they chose, give evidence in their defence
Argument
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233 to 239 of the Code, the High Court was incompetent to set aside the conviction of the respondents without coming to the definite conclusion that misjoinder had occasioned failure of justice
Ruling by Lower Court
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Two essential ingredient of Section 304-B IPC, apart from others, are (i) death of women is caused by any burns or bodily injury or occurs otherwise than under normal circumstances, and (ii) women is subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for "dowry
Statute
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4) of S. 300 would be applicable where the knowledge of the offender as to the probability of death of a person or persons in general as distinguished from a particular person or persons -- being caused from his imminently dangerous act, approximates to a practical certainty
Precedent
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However,such an application can be filed only by a person aggrieved
Ratio of the decision
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It is not a case where the State by its acts of omissions and commissions was unjustly enriching itself
Ratio of the decision
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All this, according to the Trial Court, would show that the appellant was aware that he was remaining on Government lands without title
Ruling by Lower Court
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The particular mode of acquisition of proprietorship relied upon by the applicant in this case is of his user for the first time in India in connection with watches and allied goods mentioned by him of the mark "Caltex",which at the material time was a foreign mark belonging to Degoumois & Co.of Switzerland and used by them in respect of watches in Switzerland
Precedent
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The report of the Chief Conservator of Forests is also invalid because of the fact that the appraisement is made only with reference to the area of the disputed forests without taking into consideration the density of growth therein
Ruling by Lower Court
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S.45 provides for reconstitution of the plots,sub-s.(2
Ratio of the decision
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Actions are amenable, in the panorama of judicial review only to the extent that the State must act validity for discernible reasons, not whimsically for any ulterior purpose
Ratio of the decision
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We think that in matter of this nature, where prices of essential commodities are fixed in order to maintain or increase supply of the commodities or for securing the equitable distribution and availability at fair prices of the commodity, it is not right that the court should make any interim order staying the implementation of the notification fixing the prices
Ratio of the decision
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On the other band there is the decision of this Court in The State of Andhra Pradesh v. Kandinmlla Subbaiah , which is to the effect that where several persons had committed offences in the course of the same transactions, they could jointly be tried in respect of all those offences under s. 239 of the Code of Criminal Procedure and the limitation placed by s. 234 of the Code could not come into operation
Ratio of the decision
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Ever since 1974 till now in my old age she has been serving me with exemplary devotion and sincerity
Facts
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while the said religious ceremony was being performed, Accused No. 2 started uttering insults while standing in the kitchen
Facts
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This is part of the dynamics of statutory interpretation in the developing countries so that courts are not converted into rescue shelters for those who seek to defeat agrarian justice by cute transactions of many manifestations now so familiar in the country and illustrated by the several cases under appeal
Precedent
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Written statements were filed by the appellants and by Susilabala and the two sons of Jogendra denying the claims of the idol and contending inter alia that there was no valid or absolute dedication of the suit properties I to the idol and that the said premises had been respectively acquired by them by adverse possession and that the title of the idol thereto had been extinguished
Facts
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In her cross-examination, PW.5 Sumanbai has stated that after news about the condition of Bhimabai was given by a man from village Palshi, she along with her husband and some other relations went there and noticed that Bhimabai was lying dead in the house and froth was coming out of her mouth
Facts
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In regard to Question No. 2, it was opined: "Every kind of tax liability of the notified person for any other period is not covered by S. 11(2)(a), although the liability may continue to be the liability of the notified person
Precedent
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The proprietor of the cinema hall was examined to state that on 18th and 19th March the accused had taken leave from his job and during those days he was not present on duty
Ratio of the decision
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1 SCC 645 1993 Indlaw SC 1056
Ratio of the decision
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This person was Auditor for Greenlands Hotel at Visakhapatnam
Argument
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It is true that there the charges were 67 in number and spread over a long period, of time
Ruling by Lower Court
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February,2003.The witnesses,including LW-1 have stated that for the first few months they were happy,but thereafter,there were quarrels between the accused and the deceased
Ratio of the decision
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The prosecution examined 21 witnesses in all
Facts
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This is what this Court had to say in that regard
Precedent
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G.V.Chandrashekhar,learned counsel appearing on behalf of the respondent,on the other hand,would support the impugned judgment
Argument
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The said illustrations are extracted below : "(d) A is charged with the murder of Khoda Baksh on the 21st January,1882.In fact,the murdered person's name was Haidar Baksh,and the date of the murder was the 20th
Statute
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PJJ wherein marks of a shot hitting the roof were seen at point E whereas the appellant was found lying at point D in the same room
Ratio of the decision
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In Kumari Shrilekha Vidyarthi 1990 Indlaw SC 463 (supra),this Court was dealing with a question in regard to continuance of the Law Officers
Precedent
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Ayyar and others reported in (1979) 3 SCC 466 1979 Indlaw SC 224,wherein this Court held: "It is true that Judges are constitutional invigilators and statutory interpreters; but they are also responsive and responsible to Part IV of the Constitution being one of the trinity of the nation's appointed instrumentalities in the transformation of the socio-economic order
Precedent
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On reading the above quoted paragraphs from the above judgment,with which we agree,it is clear that the effect of making the registration certificate applicable from retrospective date is based on the principle of deemed equivalence to public user of such mark
Ratio of the decision
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Besides, the fact of his going to the place of occurrence would not amount to making an investigation
Ratio of the decision
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P. C. was transportation for life or imprisonment of either description for ten years and fine
Argument
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It may be true that the Appellants had been later on put on a monthly salary but there is nothing on record to show as to how the same was done
Ratio of the decision
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If this is so,the legislature in its wisdom would have specified any period which would attract the provisions of this section
Ratio of the decision
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The State on the other hand preferred an application for revision under s. 439, Cr
Facts
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This factor cannot be lost sight of while working out the equities
Precedent
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I will; therefore,proceed on the ground that the present Company can bear the additional financial burden".Finally at the end of paragraph 21
Facts
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It is also necessary to note that the appellant being the respondent in letters patent appeal joined issues on merits and did not take up the contention that the letters patent appeal was not maintainable
Ratio of the decision
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The question which,therefore,arises is as to who can prove that he had the bona fide intention to use the trade mark on the date of application for registration
Ratio of the decision
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Though the appellant has not used the trade mark by itself since 1954 and after the expiry of the permitted use by Sen Raleigh until the notice was issued by the respondent directing the appellant not to use the trade mark,the appellant came to use the same in passing off bicycles manufactured by it under trade mark of the respondent
Ratio of the decision
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It appears that the respondent wrote various letters to the appellant for upward revision of the rate in respect of these two vessels but seemingly their request was ultimately turned down on 2nd November,2000,on receipt of which,the respondent slammed a legal notice dated 6th November,2000,on the appellant,inter alia,requesting them to revise the rates on the basis of mutual discussions and settle the accounts
Facts
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Such merit shall be determined oh the basis of the academic performance at the qualifying examination; or on the basis of any objective test that the institution might itself apply to determine such relative and competing merits; or on the basis of performance of the results of the selection tests that the State Government may itself hold for selecting candidates for admission to technical colleges in the State
Facts
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8) SCC 339 2008 Indlaw SC 1064 and Sanichar Sahni vs
Precedent
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This Court has not laid down the requirement in general that all identification parades must be under the supervision of a Magistrate as in Budhsen's case 1970 Indlaw SC 136 (supra).The learned counsel for the appellants also relied upon the Judgments of this Court in Subash and Shiv Kumar Vs
Ratio of the decision
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There will be no order as to costs
Ruling by Present Court
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Raju is ordered to be released forthwith if not required in any other case
Ruling by Present Court
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But we do not totally deny ourselves the jurisdiction to enquire into the question, in appropriate proceedings, whether relevant considerations have gone in and irrelevant considerations kept out of the determination of the price
Ratio of the decision
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The 2nd respondent undertook the preliminary project work on his own without loss of any time
Facts
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The material on record clearly shows that the respondent could not be said to have done so
Ratio of the decision
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