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In the present case,we noticed the scheme of the Code in the matters of hearing and disposal of appeals,revision and review
Ratio of the decision
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The respondent-State contended that the appellant encroached on the suit lands, that proceedings were taken against him in L.C. Case
Argument
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XIX ranging from error, omissions and irregularities in charges that are framed, down to charges that might have been framed and were not and include a total omission to frame a charge at all at any stage of the trial
Ruling by Lower Court
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Bengal contended that the State being the owner of Nalban Fishery and having vested the management and control thereof with the State Fishery Development Corporation and the said Corporation having decided to use the tank fishery for a Boating Complex and the Bansilal Farms being the highest bidder and having been granted the right to have a Boating Complex therein and he having invested a huge sum of money,his rights cannot be taken away in the dispute between the State and the Sarkar family
Argument
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By reason of the Civil Court by orders dated 7.5.2004 and 31.5.2004,the bank accounts of M/s
Facts
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Lalit in support of his contention strongly relied upon a decision of this Court in Mansukhlal Jadavji Darji and Others v
Argument
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The police appears to have embarked upon a search akin to a combing operation and in that process several suspected characters were called and interrogated
Ratio of the decision
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The so called 'policy' of the State as mentioned in the counter affidavit filed in the High Court was not a ground for refusing approval
Ratio of the decision
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The company was to export products of alloy steel
Facts
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The accused were examined u/s
Facts
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It is wrong in principle,it is said,to provide a fixed dearness allowance
Ratio of the decision
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When without mentioning the particular article the learned Single Judge decided on merits the application,in order to decide the question of maintainability of an appeal,against such a judgment,the Division Bench might examine the relief granted by the learned Single Judge,for maintainability of an appeal,the determination would be the main and not the ancillary relief
Precedent
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The entry though made by A in his own account books, and though it is in his own favour is a piece of evidence which the court may take into consideration for the purpose of determining whether the amount referred to therein was in fact paid by A to B
Ratio of the decision
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70.For the purposes of this Act the following shall be the duties and functions to be performed by the Mamlatdar - (a
Statute
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The assets of the Harshad Mehta Group are valued at Rs
Argument
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Who are the persons who have interest in the land had to be decided in accordance with the law and the evidence
Ratio of the decision
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According to the respondent by these grants (parvanas) read together he was given full proprietary rights in the soil of the said villages,that is to say,it was a proprietary Jagir that was granted to him by the then Ruler
Facts
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This Court then examined the question as to when a procedure adopted could be said to have worked actual injustice to the accused and held : "Except where there is something so vital as to cut at the root of jurisdiction or so abhorrent to what one might term natural justice,the matter resolves itself to a question of prejudice
Ruling by Lower Court
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But, where the legislature has not chosen to provide for any notice or hearing, no one can insist upon it and it will not be permissible to read natural justice into such legislative activity
Ratio of the decision
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The officers,he they direct recruits or promotees would rank below the juniormost officer in the list of the previous year
Ratio of the decision
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The scope and ambit of Section 27 of the Evidence Act had been stated and restated in several decisions of this Court
Ratio of the decision
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The explanation to sub-s.(3) of s.40 of the said Act provides who should be 'deemed to be the heirs' of a protected tenant
Statute
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McIntosh
Precedent
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It is stated before us that at the time when the appellant was evicted the Transfer of Property Act was not in force
Ratio of the decision
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The system obtaining in this State appears to be that the entire fees collected by these private engineering colleges has to be made over to the Government while the Government bears the entire expenditure for running the colleges
Facts
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Should be either by the registered proprietor of the trade mark or a person other than the registered proprietor registered u/s.48(1) to use the trade mark by operation of sub-section (2).An un-registered person u/s.48(1) or a person who did not register u/s.(1) of S.48 shall not be deemed to be a registered user for the purpose of S.46 or any other law
Ratio of the decision
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The Courts must examine these questions very carefully when little Indians lose their small property in the name of mindless acquisition at the instance of the State
Ratio of the decision
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Cogent and convincing grounds are required to discard the evidence of injured witnesses
Ratio of the decision
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In the light of the fact that PWs 5 and 6 were injured witnesses, courts below tested their evidence for its credibility and recorded concurrent findings that PWs 5 and 6 are trustworthy witnesses
Ratio of the decision
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The findings of the Rent Controller and Resident Deputy Collector were set aside on the question of habitual defaulter as well as on the ground of bona fide need
Precedent
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The period intervening between the marriage and the death of the deceased is very small
Ratio of the decision
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Ltd.on
Facts
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The Tribunal maintained the existing schemes of dearness allowance and house rent allowance,and observed that in view of the revised basic wages there would be a resultant increase in the dearness allowance and house rent allowance
Facts
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But it does not follow that the notification fixing the maximum price must necessarily be struck down as obsolete by the mere passage of time
Ratio of the decision
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If by reason of the latter, the appointment is invalid, the same cannot be validated by taking recourse to regularization
Ratio of the decision
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The reason why two alternative maximum sentences are given in col
Ratio of the decision
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Eagle Flask Industries Pvt
Argument
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Shashi Didi thereafter started shouting
Facts
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Merger takes place when a lesser estate is merged or drowned in a greater estate
Ratio of the decision
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On proper construction of the bills the trial court rejected the contention that these bills and payments as showing that they had borne the costs of production of the suit serial and,therefore,they are the producers
Facts
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Relying upon this letter emphasis was laid on the words "produced by sponsors" .Whether two capacities "sponsor" and "producer" can co-exist in one and the same person or not has been examined and the trial court noted that the wording had been borrowed from the Tariff Card and Tariff Card also indicated what are the categories of the advertisers and rates thereof
Facts
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The claim of the Union was resisted by the appellant,who maintained that the existing wage scales were fair and reasonable on a region-cum-industry basis and that it would not be possible for the appellant to bear the additional financial burden if the demands of the Union were accepted
Facts
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Shri Shanker Ghosh,learned counsel for the appellant,urged that under the said Andhra Pradesh Act it was mandatory under s.99 read with s.102 of the said Act in conjunction with the definition of s.2(r) of the Act for the revenue authorities to decide whether Abdul Khader was a protected tenant or not
Argument
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They were all alive in December, 1924, when Lakshminarayana died
Facts
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By drawing our attention to Art.142 of the Constitution of India,learned senior counsel for the appellant vehemently submitted that in order to do complete justice,this Court has ample power to reduce the sentence even to the extent of period already undergone or any other order which would be beneficial to the parties approaching this Court
Argument
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One of the stipulations contained therein reads as under : "That the party of the second part has satisfied the party of the first part of having used the mark FIELD MARSHAL in respect of Centrifugal Pumps and Valves since 1973
Facts
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We have already agreed with the Trial Court and the High Court that the appellant was not a bona fide trespasser
Ratio of the decision
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There was no scope for any mis-understanding that it applied to any private sector participation in the sphere of sugar manufacturing
Argument
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There remains the decision of this Court in K.V. Krishna Murthy Iyer v. The State of Madras (IN on which Mr. Bhimasankaram strongly relied
Ruling by Lower Court
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We respectfully agree
Ratio of the decision
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Any attempt to draw a distinct line between legislative and administrative functions, it has been said, is 'difficult in theory and impossible in practice
Ratio of the decision
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First Respondent withdrew the application against M/s
Ratio of the decision
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I still deny that I have made any appointment of field staffs of Revenue Department during the recent months
Facts
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The term "communication to the public" as defined in Section 2(ff) reads as under: "(ff) "communication to the public" means making any work available for being seen or heard or otherwise enjoyed by the public directly or by any means of display or diffusion other than by issuing copies of such work regardless of whether any member of the pubic actually sees,hears or otherwise enjoys the work so made available
Statute
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The last decision referred to was the decision of the Privy Council in Mahomed Shumsool v. Shewukram 1874 Indlaw PC 12 (1874-75) 2 I.A. 7 There a Hindu inhabitant of Bihar by a document of a testamentary character declared his daughter who had two daughters, as his heir, and after her two daughters together with their children were declared heirs and malik
Precedent
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We are further of the opinion that even assuming for a moment that sexual intercourse between the two had indeed taken place it cannot be said from the evidence before us that it was without the consent or against the wishes of Mukhtiar Kaur
Ratio of the decision
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Northern India Paper Mills
Facts
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If in any particular year the working of the industrial concern has resulted in loss there is no basis nor justification for a demand for bonus
Ratio of the decision
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But,that is not the case
Ratio of the decision
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Lastly,we are required to examine the retrospective effect of the registration certificate dated 30.6.2000 with effect from 30.9.91.At the outset,we may reiterate that the object of the exemption Notification was neither to protect the owners of the trade mark nor the consumers from being misled
Ratio of the decision
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Indisputably,appellant filed an application in form TM 24 on 17.6.1986.The Assistant Registrar,Trade Marks,passed an order on 10.11.1986 certifying : "THAT the trade mark FIELD MARSHAL BRAND (word per se) is registered under No.228867 in part 'A' of the Register as of the date 13th
Facts
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Balwinder Singh PW9, however, supported the prosecution case deposing that the land had in fact been got transferred from Gurmail Kaur, mother of Mukhtiar Kaur to Ujjagar Singh by fraud and Mukhtiar Kaur was therefore entitled to its return
Facts
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Inasmuch as the conviction on both counts have been confirmed by this Court and we are confined to sentence part alone and in view of the minimum sentence prescribed u/ss.7 and 13 of the Act,we are of the view that though long delay may be a ground for reduction of sentence in other cases,the same may not be applicable to the case on hand when the statute prescribes minimum sentence
Ratio of the decision
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Respondent No.4 was allotted a final plot bearing No.157 and the said 200 sq.m.of land of plot No.17/8 has merged in final plot No.165 owned by the respondent No.3
Facts
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He submitted that although the incident in question had taken place at about 8.45 p.m. the same came to be reported to the police at 3.00 a.m
Argument
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10 years RI and a fine of Rs.5,000/-each for the offence under Section 307/149 IPC; 2 years RI for the offence under Section 324/149 IPC and life imprisonment and fine of Rs.5,000/-each for the offence under Section 3 of TADA.In default of payment of fine on each of the counts,the appellants were to undergo further RI for two years each
Facts
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The amendment has resulted in the Tribunal making,as it were,a supplementary award,whereby a further relief is being granted beyond that granted in the original award
Ratio of the decision
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The appellant in any manner cannot controvert these facts
Ratio of the decision
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For the purpose of this matter, we would proceed on the basis that the 1961 Act is a special statute
Ratio of the decision
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Though it is desirable that the facts should be referred to in the sanction itself, nonetheless if they do not appear on the face of it, the prosecution must establish aliunde by evidence that those facts were placed before the sanctioning authorities
Ratio of the decision
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Nor can the Compensation Officer by-pass the Chief Conservator on the misunderstood strength of the High Court's first order of remand
Ratio of the decision
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39(b) of the Constitution
Ratio of the decision
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S.S.Ray,the learned Senior Counsel appearing for Bansilal Farms and Mr
Argument
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Later on I came to know that some body had fired at her and she died
Facts
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The concerned respondents are directed accordingly
Ratio of the decision
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The said definition,having suffered several amendments,has assumed the character of an inclusive one
Ratio of the decision
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From the scheme of the Control Order and the context and content of paragraph 27, the Review in so far as it concerns the orders under paragraph 3, 12 and 13 appears to be in the nature of a legislative review of legislation, or more precisely a review of subordinate legislation by a subordinate legislating body at the instance of an aggrieved person
Ratio of the decision
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This question was considered by this Court in American Home Products Corporation vs
Precedent
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iii
Facts
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Grey Street No. 40/1
Ratio of the decision
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State of A.P.and Ors.(AIR 1990
Precedent
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Nihalchand Waghajibhai Shaha [1993 Supp.(1) SCC 11 1991 Indlaw SC 718
Precedent
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Emphasis supplied
Ruling by Lower Court
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After determination of liabilities and adjustment of the dues which is payable by the Company,if any amount is found payable to the Company,the appellant shall pay the amount within four months from the date of determination
Ruling by Present Court
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The third observation we wish to make is, price fixation is more in the nature of a legislative activity than any other
Ratio of the decision
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It is trite law that S. 304 Part II comes into play when the death is caused by doing an act with knowledge that it is likely to cause death but there is no intention on the part of the accused either to cause death or to cause such bodily injury as is likely to cause death
Ratio of the decision
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This order was made in the presence of Shri Manak Gagrat,Advocate for the Company and Shri N.P.Mehta,Advocate for the workmen
Ratio of the decision
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To answer the question,it is necessary to examine the basis of the award and the intent which flows from that basis
Ratio of the decision
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No doubt the order as made on November 25, 1981 has the manufacturers On terms, but the consumer public has been left high and dry
Ratio of the decision
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His daughter,after the Ramzan festival,had informed him that the accused persons were harassing her and were even beating and abusing her
Ratio of the decision
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It is relevant at this stage to refer to certain provisions of the Central Act to consider the controversy involved in this appeal.the Central Act was enacted giving power for requisitioning and acquisition of immovable property for Union purposes
Ratio of the decision
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But then such a case has to be made out
Ratio of the decision
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11.To what relief,if any,are the plaintiffs entitled
Facts
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This section provides for two notices to be given one notice is to be given to the person who is in unauthorised occupation of Government land to vacate the land within a reasonable time and the other notice is to forfeit any crop or other product raised on the land or to remove any building or other structure erected or anything deposited therein within a reasonable time as may be stated in the notice
Ratio of the decision
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233 to 240 in the second
Statute
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He had called his son-in-law,accused No.1,to his house,as per custom,at that point the accused demanded a ceiling fan
Ratio of the decision
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this Act,unless there is anything repugnant in the subject or context,(18
Statute
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Serajul v
Precedent
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We have already referred to these details
Ratio of the decision
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If a claim is not filed,the person,who is said to be injuriously affected,does so at its own peril
Statute
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