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The respondents,therefore,in our opinion,were not entitled to hold the posts
Ratio of the decision
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Secondly,in a writ of certiorari,the record of the proceedings having been certified and sent up by the inferior court or tribunal to the High Court,the High Court if inclined to exercise its jurisdiction,may simply annul or quash the proceedings and then do no more
Precedent
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The defendants shall maintain proper accounts of the sale of centrifugal pumps under the trade mark "Field Marshal" and shall file them in Court as and when directed
Facts
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To admit the claim for bonus out of the reserves transferred to the profit and loss account would tantamount to allowing a second bonus on the same profits in respect of which the workers had already received their full bonus in the previous year
Ratio of the decision
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Pvt.Ltd
Facts
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considered for the purposes of according sanction were (a) that the Appellant as a public servant was entrusted with crops situated on the land acquired for the extension of Air Field, Sirsa ; (b) that by abusing his position as a public servant he allowed the standing crops to be cut from the said land
Ratio of the decision
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Point No. 6 in the list of contentions earlier reproduced is also bereft of force and we may make short shrift of it
Ratio of the decision
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The State of Manipur had not framed any recruitment rules for appointment inter alia in the Revenue Department and in particular the field staff thereof
Facts
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This is because the tax liability of a notified person having priority under S. 11(2)(a) is only tax liability pertaining to the "statutory period
Precedent
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It appears that the Government had resolved to acquire the land in question and other lands and by arrangement with certain of the sutidars it took possession of such land, including a portion which was in the occupation of the appellant
Precedent
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Therefore,this special leave petition is dismissed as premature
Ratio of the decision
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b
Ratio of the decision
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969 of 1909,on
Facts
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The workmen have filed an appeal by special leave,Civil Appeal No.2300 of 1979,in which they have challenged the rejection by the Tribunal of their claim in respect of dearness allowance which,they contend,should be pegged to the cost of living index and should not be a fixed amount
Facts
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At about 4.00 p.m.,the appellants and other accused persons allegedly armed with swords,satturs and sticks arrived there in two auto-rickshaws and one jeep
Facts
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Lab
Argument
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It is furthermore evident that the persons appointed as daily wagers held no posts
Ratio of the decision
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Non
Ratio of the decision
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No costs
Ruling by Present Court
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This legal position does not, according to him, offend the guarantee against testimonial compulsion and he points out that that is the reason why an accused person is not to be administered an oath when the court examines him under s. 342 (1) for enabling him to explain the circumstances appearing in evidence against him
Argument
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Rs.63/- per day for the Degree holders and Rs.52.50 per day for the Diploma holders
Facts
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At this stage the taxes "due" have to be actually paid out
Precedent
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7,279,127,317.15
Ruling by Lower Court
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Jogendra died on the 5th August, 1911, leaving a will whereby he appointed his widow Sushilabala the executrix thereof
Facts
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After bringing the soaps,she went to the house of the accused persons and found that the accused was absent and the deceased was hanging on one side of the room
Ratio of the decision
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Yakshagana' is a form of ballet dance
Facts
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In this context, it is perhaps not irrelevant to remember that the appellant, a freedom-fighter, is an 83-year-old man and, at this stage of his life, the State should show commisseration not merely in quickly disposing of the proceedings but also in not being cantankerous in awarding and disbursing the balance compensation
Ratio of the decision
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In most cases, their observance will facilitate the task of the court
Precedent
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302,that a writ in the nature of mandamus,certiorari and prohibition are recognised as public law remedies and are not available to enforce private law rights
Facts
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Ors.etc.),as also by M/s
Facts
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Such exercise of discretion needs a sense of responsibility
Ratio of the decision
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The appeal is allowed to the above said extent
Ruling by Present Court
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For example, with firearm, temple,forehead,mouth and chest are the favourite sites
Ratio of the decision
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Even if Exhibit DQ gave a correct picture, it could be in relation to the airstrip already in existence, as this would be necessary for a contractor who is charged with duty to carry out extension work to go on the site collect materials and get everything ready to execute his contract
Ratio of the decision
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This is further borne out from the trading results of the Company for the year 1968-69 to 1977.The profits have increased all along
Facts
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It was however contended that the Tamil Nadu case was concerned only with the standards of education and as to who could fix them
Argument
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If the temporary posts are likely to continue for long,normally,as per the law laid down by this Court,they be treated,for the purpose of counting seniority,as permanent posts unless they are likely to be abolished
Ratio of the decision
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The object of the Notification,therefore,was to help the SSI Units and thereby increased industrial production
Ratio of the decision
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A learned Single Judge of the High Court quashed the order of termination on the findings that the order of discharge was issued m violation of the basic principles of natural justice as no opportunity was afforded to the respondent before discharging him from services under Regulation No.113
Facts
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Before embarking upon the issue involved in this appeal,we may notice the admitted fact of the matter
Ratio of the decision
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14 and 16
Precedent
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The evidence was found to be inconsistent with the theory put forth by the petitioners that they are producers of the suit serial and,if it were to hold otherwise,the agreement or arrangement with the respondents was only for 26 episodes,whereas the sponsorship was for 52 episodes
Facts
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Mira Nayak (Smt.) & Ors.[(2000) 5 SCC 141
Precedent
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The argument is fallacious and runs in the teeth of the express provisions of Section 19 of TADA
Statute
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There is no evidence of the formation or sharing of any common intention with the other accused
Ratio of the decision
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No. 41 and No. 40/1
Facts
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There is no doubt that four injuries are indicated in the postmortem report shown to have been received by the deceased but the fact that the deceased was given stab injuries by the appellant with the help of a knife brought by him from inside the house is clearly established from the ocular evidence
Ratio of the decision
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What we find here in cl
Ratio of the decision
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The shebait for the time being is the only person competent to safeguard the interests of the idol, his possession of the dedicated property is the possession of the idol whose sevait he is, and no dealing of his with the property dedicated to the idol could afford the basis of a claim by him for adverse possession of the property against the idol
Ruling by Present Court
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The order dated 20th February,1992 passed by the Collector was also not under challenge,inspite of the same the High Court declared the order dated 20th February,1992 as illegal
Ratio of the decision
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In that view of the matter we must uphold that decision however unsatisfactory
Ratio of the decision
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1966),the Gujarat High Court after dealing with the Gujarat Amendment Act (XVIII) of 1965 observed that the Legislature has not intended to equate the ambit of the power with the one exercised in an appeal
Precedent
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The history behind insertion of Section 5A,in the Act of 1894 seems to be a decision of the Division Bench of Calcutta High Court in J.E.D.Ezra vs
Precedent
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Upon such land, including a portion in the possession of the appellant they proceeded to erect buildings without the necessary notification under s. 6 of the Land Acquisition Act which was not served until November 4, 1920
Precedent
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That being the well settled legal position, when we test the factual background of the present case on the principles laid down by this Court in the aforesaid decisions, we are unable to agree with the views taken by the High Court
Ratio of the decision
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In the said decision,this Court stated the law,thus: " If,merely an incidental reference is made to some part of the investigation concerning a co-accused in the grounds of detention which has no relevance to the case set up against the detenus it is difficult to understand how the detenus could contend that they were denied the right to make an effective representation
Precedent
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They having come to learn that certain vacancies exist in the Respondent- Authority, applied therefor although no advertisement in that behalf was issued
Facts
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This estate vested in the State on April 1, 1960 by force of the Act and the crucial question agitated before us, consequentially turns on the quantum of compensation awardable under Chapter V of the Act
Ratio of the decision
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Indeed the Full Bench of the Labour Appellate Tribunal evolved the abovequoted formula with a view to dispensing social justice between the various parties concerned
Facts
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Since I have retired from service,I have no access to the file and do not know what might have been in the file and where is the file
Facts
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The right of a registered trade mark is not lost automatically on the expiry of five years and one month
Ratio of the decision
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Mr
Argument
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Secondly on the same date,time and place,you assaulted and used criminal force against abovenamed Prakashi Devi with intent to outrage her modesty and thereby committed an offence punishable u/s.354 IPC and within my cognizance
Facts
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In addition, he was convicted for an offence punishable u/s
Facts
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Even in paragraph-4 of the plaint where he complains that no notice of forfeiture was given to him, he mentions only the items referred to in paragraph-3
Ratio of the decision
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However,learned counsel appearing for the defendants -respondents sought to refute the arguments advanced on half of the plaintiff-appellant
Ratio of the decision
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is not strictly germane to the question considered by the High Court that is, clubbing together all the provisions of the various clauses of s. 239
Ratio of the decision
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It is,however,seen that the writ applications were filed long after the possession was taken
Precedent
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Ltd.that the respondents were asked by the petitioners to issue another letter in this regard
Ratio of the decision
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By virtue of the extended definition of 'land' in Section 2 (7) and the amended provisions of Section 3(A) of the Land Reforms Act,tank fishery,like Nalban Fishery come within the definition of and it vests in the State by operation of Section 3(1) read with Section 14
Statute
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Nevertheless the High Court gave detailed directions regarding the manner of disposal of the review petitions by the High Court
Facts
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We may now turn our attention to the two Drugs (prices Control) Order of 1970 and 1979, both of which were made by the Central Government in exercise of its powers under s. 3 of the Essential Commodities Act
Ratio of the decision
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Ltd.& Anr
Argument
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such continuous non-user." It would appear that neither the U.K.Act,nor the Indian Act,at any time envisaged that the commencement of 5 year period of non-use is to be delinked from the date of registration of the mark,so as to give a fresh lease of life to the registration,every-time there is change in the ownership of the mark
Ratio of the decision
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14, 19 and 31 to the acquisition by the State of any estate or of any rights therein etc
Ratio of the decision
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vii
Ratio of the decision
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Some of the members of the unlawful assembly carried axes with them while some others carried lathis and attacked the other group
Ratio of the decision
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We do not see any force in the submission
Ratio of the decision
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The grant of subsidy is a concession and the Government has got good reasons for modifying the scheme in public interest
Facts
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The Labour Court could not have granted any relief to them as prayed for, as Indore Municipal Corporation is a separate juristic person having been created under a statute
Ratio of the decision
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As far as the restraint order passed by the Trial Court by granting permanent injunction to the plaintiff is concerned,the same is modified by ordering that if the appellants desire to stage any of the seven Yakshagana prasangas in the manner and form as conceived in all respects viz.,costumes,choreography and direction by Dr
Ruling by Lower Court
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A fresh application was filed by the first respondent
Facts
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In addition to his general supervisory functions and the special powers under the Code of hearing revision petitions, transfer petitions, appeals from Second Class Magistrates and the like, the District Magistrate was also to be assigned a specific area, the cases arising from which would be disposed of normally by himself
Ratio of the decision
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8606/2002 i.e. Ponni Sugars (Erode) Ltd. v. Govt
Argument
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The respondents also contended that even assuming but without admitting that even if the petitioners are the owners of the copyright in respect of the said serial as on the date of the suit they ceased to be such owners in view of the fact that these rights vested in them before the institution of the suit and they have acquiesced in the exercise of the said right by these respondents by their conduct as referred to earlier
Argument
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The petitioners by their letter dated 02 January 1987 turned down the respondents' demand and informed the respondents that they had no objection if the respondents went ahead with the production of the said serial and merely requested the respondents that the title of the said serial "Yeh Jo Hai Zindagi" may not be used by the respondents
Argument
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The seniority shall be determined in accordance with the quota rule to the posts available in the respective years in which the vacancies had arisen otherwise existing substantive posts should be filled up applying Rule 6.It is,therefore,incumbent upon the State Government to find out how many vacancies were existing in the year 1974-75 and thereafter every year and to determine as to how the respective posts stood reserved for the direct recruits and promotees in accordance with the quota
Ratio of the decision
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Hence,the appointment of Receiver was terminated with immediate effect
Facts
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Before his death he executed a will on 16th November, 1924, the construction of which is in controversy in this appeal
Ratio of the decision
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And I have distributed all copper and bronze vessels and utensils among my children while leaving my former home "Suhasa" keeping only bare essential and necessary things and articles
Facts
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The Single Judge of the High Court to whom the case was assigned allowed the petition holding that twelve weeks for which maternity benefit is provided for in subs.(3) of s.5 of the Act must be taken to mean twelve weeks of work and the computation of the benefit had to be made with reference to the Actual days on which the woman would have worked but for her inability
Facts
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2 SCR 526 1971 Indlaw SC 291 a constitution bench of the court observed that the dominant object and the purpose of the legislation was the equitable distribution and availability of commodities at fair price and if profit and the producer's return were to be kept in the forefront, it would result in losing sight of the object and the purpose of the-legislation
Precedent
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Though the defendants filed an appeal in the Court of the District Judge,Baroda against the said preliminary decree that appeal came to be dismissed on August 17,1972 affirming the judgment and decree of the Civil Court
Facts
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The said team of the 2nd respondent responded to his appeal and took great pains and put in hard work in the said project and presented to him an exclusive and ingenious format of the proposed serial
Facts
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We may notice at this stage that the form of injunction granted both by the learned trial judge as also by the High Court in favour of the plaintiff-respondent
Ruling by Lower Court
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The section is clear that the gross income from forests must be calculated on the basis of appraisal of the annual yield on the date of vesting firstly, by a Forest Officer and, secondly, by the Chief Conservator of Forests screening it and approving it
Ratio of the decision
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I alone was convicted by the Additional Sessions judge of this offence and the offence under s. 467 read with s. 471 but the validity of a pardon is to be determined with reference to the offence alleged against the approver alone and not with reference to the offence or offences for which his associates were ultimately convicted
Ratio of the decision
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In order to substantiate the claim with the regard to the above,learned senior counsel for the appellant has relied on the decision of this Court in Bechaarbhai S.Prajapati vs
Argument
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The order of learned Single Judge was passed on 9.11.2005.Against the said order,special leave petition was filed which was disposed of by this Court by order dated 16.2.2006.We shall refer to the text of the order later
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
Question (1
Ratio of the decision
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context