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In view of the specific charge,the accused concentrated on showing that the charge was false
Ratio of the decision
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The Hathi Committee had recommended that a return post tax between 12 to 14% on equity that is paid up capital plus reserves, may be adopted as the basis for price fixation, depending on the importance and complexity of the bulk drug
Ratio of the decision
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Its non-user and rectification of the register could not,in the aforementioned situation,have been tagged with the cause of action,if any,against the appellant
Ratio of the decision
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In such a case,that branch of the law and its remedies should and normally will be applied; and (b) Where there is a contract between the litigants
Ratio of the decision
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It was observed : "Thus,keeping in view the settled position that the provisions of Section 3 of TADA have been held to be Constitutionally valid in Kartar Singh case and from the law laid down by this Court in Usmanbhai and Niranjan cases,it follows that an activity which is sought to be punished under Section 3(1) of TADA has to be such which cannot be classified as a mere law and order problem or disturbance of public order or even disturbance of the even tempo of the life of the community of any specified locality but is of the nature which cannot be tackled as an ordinary criminal activity under the ordinary penal law by the normal law-enforcement agencies because the intended extent and reach of the criminal activity of the 'terrorist' is such which travels beyond the gravity of the mere disturbance of public order even of a 'virulent nature' and may at times transcend the frontiers of the locality and may include such anti-national activities which throw a challenge to the very integrity and sovereignty of the country in its democratic polity
Precedent
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Thus,keeping in view the background in which the occurrence took place,namely,the altercation at the video parlour,which has a great relevance to determine the applicability of Section 3 TADA,we are of the opinion that the finding of the Designated Court that the appellants have committed an offence punishable under Section 3 TADA is clearly erroneous
Ruling by Lower Court
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Vimal Dave,Advocate,appearing for the respondent were fully heard
Facts
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ii
Facts
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State of Rajasthan and others,(2005
Precedent
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Thereafter,PW-1 made a representation to his senior officer requesting him for posting at Vijayawada,Cheerala,Vetapalam or Tenali
Facts
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Shree Shree Iswar Sridhar Jew his two immoveable properties, to wit
Facts
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Nor again, could they be tried jointly only with the help of cl
Ratio of the decision
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In the said award,Your Honour has observed,at the end of Para 22,'In view of the increase that is being allowed in the basic pay,I do not propose to revise the existing scheme of Dearness Allowance'.Further,it appears that the Tribunal intended to grant the increase of Rs.150/-to each draughtsman and Rs.100/-to all other workmen in their basic pay
Ratio of the decision
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The question is whether in the admitted facts of this case,invoking the urgency clause u/s.17 (4) is justified
Ratio of the decision
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It was also found that Appellant had declared goods exported as "alloy steel" whereas after the tests conducted by Central Revenue Control Laboratory,they were found to be "other than alloy steel",i.e.,non-alloy
Facts
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The permitted use of trade mark shall be deemed to be used by the proprietor thereof and shall be deemed no to be used by a person other than the proprietor for the purpose of S.46 or for any other purpose for which such use is material under the Act or any other law
Statute
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These moneys were used for speculative transactions and securities and the profits generated was used for acquiring assets
Ratio of the decision
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This definition was adopted by Stirling J. in In re Eddystone Marine Insurance Co, L. R. (I894) W. N. 30; Webster's International Dictionary defines bonus as "something given in addition to what is ordinarily received by or strictly due to the recipient
Ratio of the decision
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Kay Aar Biscuits (P) Ltd.gave permission to M/s
Facts
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This is interest of the project
Ratio of the decision
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The evidence of the approver was inadmissible because the pardon granted to him was illegal, that, in any case, it is unreliable, was so found even by the Sessions judge and must, therefore, be rejected
Argument
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We have no hesitation to say that a person whose case is based on falsehood has no right to approach the Court and he can be summarily thrown out at any stage of the litigation
Ratio of the decision
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of the said Sri Sri Issur Sridhar Jew Salagram Sila Thakur and on the death of my said two sons their representatives, successors and heirs shall successively perform the sheba in the aforesaid manner and the executors appointed by this will of mine having got the said two properties registered in the Calcutta Municipality in the name of the said Sri Sri Issur Sridhar Jew Thakur shall pay the municipal taxes, etc
Ratio of the decision
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In that background,it was observed that if the rights are purely of a private character no mandamus could be issued and also,if the management of the college were purely a private body with no public duty mandamus would not lie
Precedent
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Bhimabai had complained to him that she was not being given proper food, clothings and even footwear and occasionally the appellant no. 1 used to beat her
Facts
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These facts are of primary importance before the Court can pass an order under the Probation of Offenders Act
Precedent
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Mr. Bhimasankaram then relying upon the decision in R. v. Dawson ( [1960] 2 W.L.R. 435, contended that in any event it was not desirable to try the respondents at the same trial for as many as 83 offences and pointed out that these observations had received the approval of this Court in The State of Andhra Pradesh v. Kandimalla Subbaiah ([1962] 2 B. C.R. 194
Argument
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Mehta that there was no agency; reading the partnership deeds as we have read that conclusion does not emanate from position appearing debiting the fixed amount payable to the appellant in the expenses account which also is not inconsistent with partnership
Argument
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Now on the merits of the case as we said earlier the learned Advocate for the appellant has referred to the evidence in meticulous detail and has commented thereon, at length but this Court ordinarily does not reappropriation the evidence with a view to arriving at its own finding as if it was a Court of fact and does not ordinarily upset the findings of the High Court which has on an evaluation of the evidence affirmed the trial court's conviction and sentence
Ratio of the decision
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She stated that on the night of 22/23.3.1996,while
Facts
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What,then,is the meaning of those expressions dismissed removed or reduced in rank
Precedent
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After completion of investigation, charge sheet was submitted against the appellants and in due course, the case was committed to the Court of Sessions
Facts
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Whether there was intention to kill or knowledge that death will be caused is a question of fact and would depend on the facts of a given case
Precedent
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This Court has pointed out in the latter decision that while it must be shown that the approver is a witness of truth, the evidence adduced in a case cannot be considered in compartments and that even for judging the credibility of, the approver the evidence led to corroborate him in material particulars would be relevant for consideration
Ratio of the decision
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In normal circumstances,when it is established that the trade mark was not used either by the registered proprietor or the permitted user,the public interest of supply of the quality of the goods marketed by the appellant should be taken into factual consideration for removal of the trade mark from the register
Argument
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A Division Bench of the High Court dismissed an intra-court appeal preferred thereagainst
Facts
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tenant' means a person who holds land on lease and include - (a) A person who is deemed to be tenant trader section 4; (b) A person who is a protected tenant; and (c) A person who is a permanent tenant; and the word 'landlord' shall be construed accordingly
Statute
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M.Madhusudana Reddy conducted autopsy over the body of the deceased and prepared post-mortem certificate giving the cause of death as asphyxia,as a result of hanging
Facts
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SC 367 1982 Indlaw SC 63.The facts and circumstances of the cases are however different and it is not necessary to consider those cases in detail while dealing with the present case
Ratio of the decision
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If that be so,merger of lease-hold estate in reversion cannot arise,inasmuch as,there cannot be any inconsistency or incompatibility in one person being the tenant and also the mortgagee of the same property,for in that event instead of the tenant paying rent to the landlord he may adjust it against the amount claimable by him as a mortgagee from the landlord
Ratio of the decision
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I took both the approver and Lakshminarayana Rao in his confidence as also some other persons "known and unknown" for carrying out his nefarious purpose, namely, the misappropriation of the funds of VESCO during the subsistence of AECO's managing agency of VESCO
Argument
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Shardindu (2007) 6 SCC 276 2007 Indlaw SC 537 and Bharat Sewa Sansthan v
Precedent
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P.J.Sales Corporation,Ludhiana
Facts
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Learned counsel for the appellants contended that the second appellant is in custody for more than three years and since the occurrence was in the year 1994, prayed for reduction of the sentence imposed on the second appellant to the period already undergone
Argument
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The Court may infer from these facts that A was not misled,and that the error in the charge was immaterial
Statute
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We entirely agree with the High Court that joint trial should be founded on some 'principle
Ratio of the decision
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Obviously, s. 233 does not override the provisions of s. 239
Statute
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It was stated that according to the practice prevailing in the erstwhile State of Travancore the cultivators could enter into unoccupied waste lands belonging to the janmies with the object of cultivating and improving them, and as they held the lands under them by paying rent, the consent of the Jemies to such occupation was implied
Facts
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On or about 22nd of April,1985
Facts
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The statements of Appellant and Prabhjot Singh were noticed by the detaining authority
Precedent
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The trial court passed an order on 04.08.1998 acquitting all the accused persons from the offences under Sections 302, 323, 143, 147 and 149 of IPC
Facts
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14 and 16 thereof before making any appointment
Ratio of the decision
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It was submitted that they do not discharge any public duty and hence the writ cannot be issued
Argument
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The State Level Committee and the Central Regional Committees contained various experts and State representatives
Ratio of the decision
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The distinction between the two has usually been expressed as 'one between the general and the particular
Ratio of the decision
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Bhagwati Devi v. Chowdry Bholonath Thakur (1874-75) 2 I.A 256
Precedent
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This Court is not a tribunal for relief from the crudities and inequities of complicated experimental economic legislation
Precedent
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rendered by the High Court of Judicature at Bombay,whereby the learned Single Judge has set aside the order passed by the Arbitral Tribunal,holding that they did not have jurisdiction to entertain and try the claim and counter claim made by the parties
Facts
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We are in perfect accord with the observations made by Rankin C.J
Ruling by Present Court
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It is this Court which, by its order dated 10-4-1969 in Civil Revisions 201, 202 and 203 of 1968 conferred new jurisdiction on the Compensation Officer to deal freshly with the case and therefore notwithstanding anything contained in the Act, the compensation has to be calculated according to the directions given by the Court; (2) The Court was fully aware of the statutory provision in s. 26(2
Ruling by Lower Court
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Accordingly,the civil appeals stand dismissed with no order as to costs
Ruling by Present Court
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The grant of a patent shall not be refused on the ground stated in Cl.(c) of Sub-s.(1) if no patent has been granted in pursuance of the application mentioned in that clause; and for the purpose of any inquiry u/cl.(d) or cl.(e) of that sub-section,no account shall be taken of any secret use
Statute
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The supervision and control on the canteen is exercised by the appellant through its authorised officer,as can be seen from the various clauses of the contract between the appellant and the contractor
Facts
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31(2) bars any challenge to the amount of compensation on acquisition by the State subject to compliance with the prescriptions in the said sub-Articles, on the ground that the amount so fixed or determined is not adequate
Ratio of the decision
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They were not, therefore, entitled to take the recourse of the doctrine of 'equal pay for equal work' as adumbrated in Arts
Ratio of the decision
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Thereafter,the District Magistrate,Shahjahanpur forwarded the proposal to the Commissioner and Director,Directorate of Land Acquisition (Revenue Board,Uttar Pradesh),for the issuance of notifications u/ss.4(1) and 17 of the Act,which in turn approved of it and further forwarded the recommendation to the State Government,vide letter dated 2.07.2008
Facts
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P/21) at Behror, which is a place situated at a distance of about 30-35 kms
Ratio of the decision
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It has its own heritage
Facts
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SC 3910 1997 Indlaw SC 1364 and in Sales Tax Officers and Anr
Precedent
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despite an extraordinary constitutional jurisdiction contained in Art.142 of the Constitution of India,this Court ordinarily would not pass an order which would be in contravention of a statutory provision
Precedent
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Therefore,they are entitled to the seniority from the respective years
Argument
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any liability incurred by the Company or loan etc.taken by the receiver is not payable by the Company
Ratio of the decision
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On the same day,(PW-1) reported the matter in writing to the Inspector of Police,Central Bureau of Investigation (in short 'the CBI),Vijayawada
Facts
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The accused -Chandra Prakash had threatened him not to disclose anything about the incident to anyone
Facts
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Shri Alan O'Sa were sent in their search
Facts
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Promissory Estoppel" is defined in Black's Law Distionary as "an estoppel which arises when there is a promise which promissor should reasonable expect to induce action or forbearance of a definite and substantial character on the part of promisee, and which does include such action or forbearance, and such promise is binding if injustice can be avoided only by enforcement of promise
Precedent
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It is one link in the chain of proof and the other links must be forged in a manner allowed by law
Ratio of the decision
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Ajay Kumar, (1997) 4 SCC 88 1997 Indlaw SC 833, Jawaharlal Nehru Krishi Viswa Vidyalaya, Jabalpur, M.P. Vs
Ratio of the decision
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Therefore,the main classification as literary work and dramatic work cannot be construed to mean that dramatic work has nothing to do with literary work
Ruling by Lower Court
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Sub-s
Statute
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The Police Patil of the village PW.3 Sandu Mohanrao Patil lodged an accidental death report at 9.00 p.m. on 15 September 1991 at the police station
Facts
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The chief controlling authority in all matters connected with the land revenue in his division shall vest in the Commissioner,subject to the superintendence,direction and control of the State Government
Statute
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It appears that the appointment orders were issued after complying the formalities prescribed there for which can be ascertained from the relevant official file
Facts
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Law is sometimes blind
Ratio of the decision
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In any case we do not think that there is any validity in the submission
Ratio of the decision
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In another context,the High Court of Andhra Pradesh enunciated the position that it was necessary to determine the interest of the persons claiming compensation
Ratio of the decision
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The trial court in the instant appeal held that there was subletting
Ruling by Lower Court
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Beg, CJ. who delivered a separate opinion for himself and for Desai, J. agreed that the judgment in Premier Automobiles was not to provide a precedent in price fixation case
Precedent
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Before us it has been urged that M/s
Argument
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The witness could pay only Rs.500/upon which the accused refused to take the deceased to the matrimonial home and went away
Ratio of the decision
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So far as this Court is concerned, it invoked the doctrine in Indo Afghan Agencies's case 1967 Indlaw SC 411 (supra) in which is was, inter alia, laid down that even though the case would not fall within the terms of Section 115 of the Indian Evidence Act, 1872 (in short the 'Evidence Act') which enacts the rule of estoppel, it would still be open to a party who had acted on a representation made by the Government to claim that the Government should be bound to carry out the promise made by it even though the promise was not recorded in the form of a formal contract as required by Article 299 of the Constitution
Precedent
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he and Santosh
Ratio of the decision
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This Court further ordered: "we again wish to re-emphasize that the terms of the decree shall not effect the rights of the State of West Bengal,in any manner whatsoever to the fisheries in question,if they have vested in State under the provisions of the West Bengal Estate Acquisition Act of 1953 (Act X of 1954
Ruling by Lower Court
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Having failed to receive any reply to the said notice,by another legal notice dated 1st December,2000,the respondent called upon the appellant to pay balance amount of Rs.43,947,517/-to them as charter hire in respect of vessel JAG PRAJA for the period from 1st September,1998 to 31st August,1999 within 15 days from date of receipt of the said notice or treat it as an arbitration notice
Facts
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An agreement dated December 20,1976 was entered into between the appellant,as registered user and the respondent in respect of 12 trade marks for a period of 5 years
Facts
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The burden is on the appellants,particularly,when the Department is relying upon the agreement dated 23.11.89 between M/s
Ratio of the decision
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v. Custodian [(2004) 11 SCC 472] 2004 Indlaw SC 868 wherein it was held that S. 5 of the Limitation Act will have no application in relation to an application falling under Sub-s
Precedent
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c
Statute
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and it had to be kept intact for the enjoyment of the daughter
Ratio of the decision
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However,not all decisions taken by bodies in the course of their public functions are the subject matter of judicial review
Ratio of the decision
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