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The priority, however, which is given under S. 11(2)(a) to such tax liability only covers such liability for the period 1-4-1991 to 6-6-1992
Precedent
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It contains the very stand of the detenu of whatever worth
Precedent
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No dearness allowance was paid until the beginning of 1977 and the house rent allowance also was introduced about that time
Ratio of the decision
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In State of U.P.v
Precedent
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c
Facts
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We are also not persuaded to take a different view from that of the High Court
Ratio of the decision
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6% from 1-4-2000 till amounts payable as rental compensation are paid to the landowners concerned
Precedent
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Assuming that it is possible to create a Hindu woman's estate not with standing the addition of a gift over, the question nevertheless whether that had been done in a given case must depend on the terms of the particular instrument under consideration
Ratio of the decision
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Vide letter of even date,i.e.4th January,1999,the appellant suggested to the respondent that in the absence of a formal charter party with effect from 1st September,1998,a provisional arrangement for a period of four months effective from 1st September,1998 with an option for extension of one month may be mutually agreed to by payment at the rate of 80% on charter hire prevailing on 30th June,1998,as ad hoc hire
Facts
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Both the sentences were ordered to run concurrently
Ruling by Lower Court
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and in confirmation of the information led the police to a dry well wherefrom an underwear and baniyan wrapped in a newspaper dated 18.3.1991 were recovered
Facts
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But, in the present case, we have to see whether the possession of two joint shebaits becomes adverse to the idol when they openly claim to divide the property between them
Precedent
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He also emphasized that the words of the gift over to the daughter as supporting his construction which was further reinforced by the words of the will limiting the widow's estate " till your lifetime " and of the omission from therein of words such as nialik etc., while describing the widow's estate
Argument
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Further contention of the Custodian is that even Dr. Hitesh Mehta and Dr. Pratima Mehta have admitted that they had no knowledge about the transactions
Argument
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Khan Saheb Abdul Shukoor,etc.[1961 (3) SCR 855 1961 Indlaw SC 499] and Nagendra Nath Bora
Precedent
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Unless we read s. 234(1) as not enacting a fetter on s. 235(1), it may not be possible to give full effect to the latter
Statute
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Gupta also contended that the Receiver assumed possession of the fisheries pursuant to the order of the Supreme Court dated 6th of November,1978 and having submitted a report to that effect on 22.11.1978 indicating that it has taken possession of the Nalban Fishery
Argument
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The third girl who was with S and Shalu has not been examined either in the Court or during investigation
Ratio of the decision
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Since we have held that the High Court had no jurisdiction to entertain a petition under Article 226 of the Constitution,we would have set aside the order made by the High Court
Ratio of the decision
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It appears that although several writ petitions filed by different manufacturers were disposed of by the High Court by a common judgment, the Union of India filed an appeal within the prescribed period of limitation against one of the manufacturers, Cynamide India Limited only
Ratio of the decision
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Thereafter the suit filed by the Illom was dismissed on 28-6-1109 (February 10, 1934
Facts
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The High Court on reciting the facts came to the conclusions,inter alia
Ruling by Lower Court
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Secondly,that "soon before her death" she had been subjected to cruelty or harassment by the husband or any of the relatives of the husband for,or in connection with,any demand for dowry then such a death shall be called "dowry death" and the husband or the relative,as the case may be,will be deemed to have caused such a death
Precedent
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The suit for possession is accordingly dismissed
Ruling by Present Court
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Vide order dated 12th
Facts
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In State of Maharashtra and others vs
Precedent
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Therefore, they could not be jointly tried
Ruling by Lower Court
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It is one thing to say that for the purpose of frustrating an application for rectification,the appellant had colluded with its predecessor for the purpose of trafficking by entering into the deed of assignment which is otherwise illegal and bad in law
Ratio of the decision
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The deceased Bhimabai was daughter of PW.1 Tukaram Eknath Tambe resident of village Sanjkheda
Facts
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The transfer of the appeal to the High Court,after hearing the appeal on merits and finding that Section 3 of TADA on the basis of the evidence led by the prosecution,was not made out,is neither desirable nor proper nor permissible let alone justified
Ratio of the decision
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Where, however, several offences are alleged to have been committed by several accused persons it may be more reasonable to follow the normal rule of separate trials
Ratio of the decision
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The inter se seniority of the direct recruits and promotees shall be determined in accordance with Rules 5,6 and 24 as per the judgment in K.C.Joshi case'.All the employees are entitled to all consequential benefits
Ratio of the decision
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They can at best be used to contradict in the cross-examination of such a witness when he gives evidence at the Trial Court of the accused in the manner provided under Section 145 of 'the Evidence Act
Statute
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A. 2 5
Ratio of the decision
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If in the meanwhile orders of assessment are passed by the Income Tax Authorities, the Custodian shall be at liberty to bring the same to the notice of the learned Special Court which shall also be taken into consideration by the learned Judge, Special Court
Ratio of the decision
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agricultural lands at the time of execution of the deeds of mortgage by conditional sale in his favour because of the coming into existence of such mortgages there occurred merger of lease-hold rights of defendant-l in suit properties when he obtained those properties as mortgage security under the said mortgages and as a consequence he became a mortgagee in possession of those properties
Argument
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Act,2005,a dichotomy was brought in between pre-grant and post-grant opposition orders
Ratio of the decision
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These parades are of the essentially governed by Section 162,Criminal Procedure Code
Precedent
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On the other hand,learned counsel for the respondents made the following submissions: (i
Argument
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The said approval was based also on the inspection by the Expert Committee of the AICTE.Hence the State Government in its counter,could not have relied upon any contrary opinion of the Director of Technical Education
Ratio of the decision
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The contention raised on behalf of the Appellants is that the Harshad Mehta should be considered to be sui generis and the Custodian may realize his dues from his personal assets as also of those with which he was concerned together with the assets of his front companies but such liability should not be fastened upon others who had nothing to do therewith
Argument
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As the suit of the illom had been finally disposed of and the title of' the Illom to the lands was not established, the appellant apprehending that he might be ejected in the above L.C. Case filed a suit
Facts
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In the meantime admittedly the period of detention being over,Appellant had been set at large
Ratio of the decision
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Raju appointed him to that post
Ratio of the decision
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In re : the appellant (I.L.R. 1957 Mad 715 ), and the cases referred to therein, in particular the decision in Winson v. Queen ((1866) L.R. I Q.B
Argument
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We may mention that in Gundalapalli Rangamannar Chetty v
Precedent
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Jaspal Singh,learned senior counsel,appearing for the second respondent
Ratio of the decision
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However,S.25 was brought into force vide Notification dated 20.5.2003.Even as on 20.5.2003 vide S.25 only one right to oppose a patent at the pre-grant stage was available and appeal against an order,passed by the earlier,lay before the High Court under the then existing S.116 of the Patents
Facts
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D.L.R. 25, 233
Precedent
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appellant(s).We find no reason as to why on equitable grounds the appellants should not get interest on the said amount
Ratio of the decision
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Other violations will not be so obvious and it may be possible to show that having regard to all that occurred no prejudice was occasioned or that there was no reasonable probability of prejudice
Ruling by Lower Court
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cm
Facts
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It is meant to lay down a general rule applicable to all persons or objects or transactions of a particular kind or class
Precedent
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u/s
Argument
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It needs no reminder that legally estab-lished circumstances and not merely indignation of the court can form the basis of conviction and the more serious the crime, the greater should be the care taken to scrutinize the evidence lest suspicion takes the place of proof
Precedent
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The amplitude of powers available to this Court under Article 142 of the Constitution of India is normally speaking not conditioned by any statutory provision but it cannot be lost sight of that this Court exercises jurisdiction under Article 142 of the Constitution with a view to do justice between the parties but not in disregard of the relevant statutory provisions
Ratio of the decision
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2) Where in relation to any goods in respect of which a trade mark is registered: (a) the circumstances referred to in clause (1) of sub-section (1) are shown to exist so far as regards non-use of the trade mark in relation to goods to be sold,or otherwise traded in,in a particular place in India (otherwise than for export from India),or in relation to goods to be exported to a particular market outside India; and (b) a person has been permitted under sub-section (3) of section 12 to register an identical or nearly resembling trade mark in respect of those goods under a registration extending to use in relation to goods to be so sold,or otherwise traded in,or in relation to goods to be so exported,or the tribunal is of opinion that he might properly be permitted so to register such a trade mark,on application by that person in the prescribed manner to a High Court or to the Registrar,the tribunal may impose on the registration of the first-mentioned trade mark such limitations as it thinks proper for securing that that registration shall cease to extend to such use.19 (3
Statute
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The purported appointment letters were fake ones
Ratio of the decision
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Both these related to possession of the acquired land not being given to him
Ratio of the decision
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We,however,do not see how the observations help the appellants
Ratio of the decision
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f
Ratio of the decision
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It is a question of fact in every case
Ratio of the decision
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In our opinion the phrase "person aggrieved" for the purposes of removal on the ground of non-use under Section 46 has a different connotation from the phrase used in Section 56 for cancelling or expunging or varying an entry wrongly made or remaining in the Register
Precedent
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In any case,the period between the arrest and the identification parade was not large enough to constitute inordinate delay
Ratio of the decision
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Nevertheless,the appellant continued to use the vessel on hire with them under the time charter dated 6th May,1997.The conduct of the parties,as evidenced in the said correspondence and,in particular appellant s silence on respondent s letters dated 5th November,1998 and 4th
Ratio of the decision
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Ranganayaki entered into possession of the properties on the death of her husband
Facts
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Since we had entertained the Special Leave Petition against the learned Single Judge's order it would be appropriate to grant three weeks' time to the petitioner to prefer the LPA which if otherwise free from defect shall be entertained for being considered on merits
Facts
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We do not understand how such passing observations can be helpful in deciding the present case
Ratio of the decision
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The Courts are not very good at formulating or evaluating policy
Ratio of the decision
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We do not know the relevance of other documents called for for determining the issue
Ratio of the decision
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It is,no doubt,true that the general rule is that an offer is not accepted by mere silence on the part of the offerree,yet it does not mean that an acceptance always has to be given in so many words
Ratio of the decision
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Dowry is something which existed in our country for a considerable time and the legislature in its wisdom considered it appropriate to enact the law relating to dowry prohibition so as to ensure that any party to the marriage is not harassed or treated with cruelty for satisfaction of demands in consideration and for subsistence of the marriage
Ratio of the decision
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1945 Bom 7 1943 Indlaw MUM 140) Ryots of Garabandho v
Precedent
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S. 120 -B which makes criminal conspiracy punishable was added by the Indian Criminal Law Amendment Act, 1913 (8 of 1913) along with s. 120-A. Section 120-A defines conspiracy and s. 120- B provides for the punishment for the offence of conspiracy
Argument
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In this connection,he had further urged that this question had not been raised before the High Court
Argument
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The affidavits filed on behalf of the Union of India show that the procedure which is adopted in hearing the review applications is to discuss across the table the various items that have been taken into account
Ratio of the decision
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RESIDENTIAL PROPERTY
Ratio of the decision
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Let us say that the grievous hurt was caused as a result of lathi blows given by X and Y, simple hurt was caused by lathi blows given by Z
Ratio of the decision
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If an essential commodity is in short supply or there is hoarding, concerning or there is unusual demand, there is abnormal increase in price
Precedent
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The doctrine does not give scope to claim relief straightway from the administrative authorities as no crystallized right as such involved
Ratio of the decision
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In the affidavit filed by the first respondent on July 14,2004 before the Court of Additional District Judge,Delhi an unequivocal and categorical statement has been made that now there is no dispute between the plaintiff (appellant herein) and defendant (first respondent herein) under the Trade Mark and that defendant has already changed the Trade Mark namely "Jupiter International Ltd." in place of "Jupiter Infosys Ltd
Ratio of the decision
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Significantly,a similar conclusion was reached in the case of Krishna Bahadur v
Precedent
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These witnesses categorically deposed that A-5,A-10 and A-11 were responsible for causing injuries to Bajrang PW-14
Ratio of the decision
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So far as the contentions raised on the basis of S.17 of the Copyright Act is concerned,it is clear that the petitioners were not able to establish that the respondent Nos.1 to 4 produced the said serial (1) as the agents of the petitioners; (2) in the course of their employment with the petitioners; (3) for valuable consideration paid by the petitioners to them; and (iv) at the instance of the petitioners
Ratio of the decision
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On the recommendation of the Central Task Force,the Council shall decide the question of grant of approval as sought for in the application
Statute
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On the 19th July, 1899, Rajendra made and published his last will and, testament whereby he confirmed the dedication made by Dwarka Nath with regard to premises Nos
Facts
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The trial court,after examining Exhibits C-1,E-1,F-1 P-1 found that the proposal was for 52 episodes and was accepted by the Doordarshan,while the case put forth on behalf of the appellants is that the original agreement was to have 27 episodes and having regard to the popularity of the programme the petitioners decided to increase the said serial to 52 episodes
Facts
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In support thereof,he sought to place reliance on the decisions of this Court in Shah Mathuradas Maganlal and Co.v
Argument
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It was submitted by the counsel that Section 128 related to two authorities i.e.the State Government and the Registrar
Precedent
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They have also not been able to show that they had been issued any permanent ticket
Ratio of the decision
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The widow in such a case takes as a demise and not as an heir
Ratio of the decision
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Conviction can be made on the basis of such evidence
Precedent
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A-10 also made a disclosure statement under Section 27 of the Evidence Act to the effect that he had buried a sword behind Yamai Tukai temple and could get it recovered
Facts
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Jaswant Sugar Mills Ltd
Facts
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In the said case,the accused-respondent was convicted under Section 332/461 of the DMC Act and sentenced to six months simple imprisonment with a fine of Rs.5000
Argument
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2009) 4 SCC 26 2009 Indlaw SC 92, the scope of intention for attracting conviction u/s
Precedent
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It appears that even an unregistered licensee,so long as there is unbroken Connection in the course of the trade between the licensor and the passing off lincesee's goods under the trade mark,there would be sufficient connection in the course of the trade between the proprietor and bona fide user of the trade mark by unregistered user
Ratio of the decision
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Law is fairly well settled that even if acquittal is recorded in respect of the co-accused on the ground that there were exaggerations and embellishments, yet conviction can be recorded if the evidence is found cogent, credible and truthful in respect of another accused
Precedent
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V,dated 14th July,1923
Statute
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The appeal filed by the accused was dismissed by the Addl
Ruling by Lower Court
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