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Whether there is any Government order in terms of Article 166; has to be adjudicated from the factual background of each case
Ratio of the decision
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It may be that the detaining authority might have come to the same conclusion as the sponsoring authority but its contents are relevant which could not be withheld by the sponsoring authority
Precedent
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A Committee on Drugs and Pharmaceutical Industry, popularly known as the Hathi Committee was appointed by the Government of India to enquire into the various facets, of the Drug Industry in India
Ratio of the decision
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The reference had been made to the Tribunal and adjudication had been made by the Tribunal as to the status of the workmen,the nature of employment,control exercised by the appellant,which leave no room for doubt that they are the employees of the appellant
Facts
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Mr. Chari then referred to s. 133 of the Evidence Act and pointed out that this section clearly makes an accomplice evidence admissible in a case and that an approver whose pardon is found to be invalid does not cease to be an accomplice and contends that he is, therefore, as competent a witness as he would have been if he had not been granted pardon at all and not been put on trial
Argument
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Appeals partly allowed
Ruling by Present Court
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This appeal is directed against the judgment and order of the High Court of Gujarat dated 28.2.1986 allowing the respondent's writ petition and quashing order of discharge from service and directing his reinstatement in service
Ratio of the decision
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In the case of Pahwa Chemicals Pvt
Precedent
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The fact that no payments were received by those firms has been deposed to by persons connected with those firms and whose duty it was to receive and acknowledge amounts received by the firms or who were in charge of the accounts of these firms
Ratio of the decision
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In P.Saravanan v
Precedent
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The appellant challenges the slab system of compensation provided in the Act which awards smaller multiples for estates yielding larger incomes, on the score of violation of the fundamental rights under the Constitution
Ratio of the decision
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The fact that there had been a statement allegedly made by P.W.1 leading to recovery of a parallel key from the dash board of the car of P.W.1,cannot be lost sight of
Ratio of the decision
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Since the award has been already signed,I do not think anything further can be added to this award
Ruling by Lower Court
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Some suspicions of rape could perhaps have been raised had some tell tale injuries been detected on Mukhtiar Kaur's person but we find that the two injuries other than the gun shot wounds i.e. injury No.3 being on the left pinna and
Ratio of the decision
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She had complete control over the income of the property during her lifetime
Ratio of the decision
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The commercial productions were started in case of appellants in C.A. No
Argument
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The power is to be used sparingly in cases which cannot be effectively and appropriately tackled by the existing provisions of law or when the existing provisions of law cannot bring about complete justice between the parties
Precedent
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We have noticed the provisions of the Act and the Rules
Ratio of the decision
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No
Ratio of the decision
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Emphasis added
Precedent
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The apprehension expressed by the Special Court does not appear to be well founded: if what a notified person obtains by way of purported income or gift or inheritance is really his own money, such money would, upon establishment of the fact, stand attached automatically under the provisions of S. 3(3
Precedent
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On the accounts of each year being made up and the profits of the industrial concern being ascertained the workers during the particular year have their demand for bonus fully satisfied out of the surplus profits and the balance of profits is allocated and carried over in the accounts
Ratio of the decision
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In the case of Ram Singh and Ors.v
Precedent
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Further, according to him, the evidence of the approver was found by the Additional Sessions judge to be unreliable and therefore, the first condition referred to in Sarwan Singh v. The State of Punjab , was not satisfied
Ratio of the decision
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Radhyshyam (Dr
Precedent
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Obviously,therefore,on the label as it stood,it could not be said that the respondent company was the proprietor of the mark "Monarch" nor could it be said that the mark was used by the respondent company as proprietor thereof
Ratio of the decision
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Out of the said twelve accused,6 accused were acquitted of all the charges while the five appellants herein,namely,Bonkya alias Bharat Shivaji Mane (A-5),Mandu Baliba Dombe (A-8),Ashok Baloba Dombe (A-9),Ranjar Bhausaheb Dombe (A-10) and Kaka alias Pandurang Baloba Dombe (A-11) were convicted for offences under Section 302/307/149 IPC and Section 3 of TADA and sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/-each for the offence under Section 302/149 IPC
Facts
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OD September 13, 1954 Ramana offered to make a full Confession to the Additional District Magistrate (Independent) who was empowered to grant pardon under s. 337 of i he Code of Criminal Procedure
Facts
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The trial Court,after the conclusion of the trial,convicted the second respondent under Sections 332 and 461 of the DMC Act and sentenced him to six months simple imprisonment and imposed a fine of Rs.5000 (Annexure P-1
Ruling by Lower Court
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The power to hear a revision is generally given to a superior court so that it may satisfy itself that a particular case is decided according to law
Ratio of the decision
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shall,in accordance with the prescribed procedure,be summarily evicted by the appropriate authority
Statute
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In the first place,when the first respondent applied for rectification/removal in respect of three registrations in Classes 7,9 and 16,it must have shown in respect of each of them that it is a 'person aggrieved' and the IPAB must have separately considered in respect of each registration the locus standi of the first respondent as the considerations for each entry might not have been common
Ratio of the decision
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The next recovery relates to the ingots
Ratio of the decision
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At that time it used to be represented to him that the amounts which were shown to be in the safe and not found therein had been sent to the Bank for being deposited
Facts
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b) Defendants shall mention the name of the defendant firm,Thukral Mechanical Works,Sirhind on each and every centrifugal pump manufactured by them and sold in the name of 'Field Marshal
Facts
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Shri Achutananda Purohit, appellant, was the intermediary in respect of vast forests and other lands comprised in the estate of Jujumura in the district of Sambalpur
Facts
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but it is another thing to say that the appellant could be proceeded against alone for non-user of the registered trade mark for a period of more than five years
Ratio of the decision
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It may be mentioned that the partnership deed Exhibit-114 was executed by six persons and at that stage the appellant or his father were not partners in the firm
Ratio of the decision
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The rule-making power is vested in the government under s. 47 and there is a routine 'removal of difficulties' clause contained in s. 50
Statute
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In Webster's New World Dictionary (1962 Edition),the meaning of the word "week" is given as "a period of seven days,especially one beginning with Sunday and ending with Saturday; the hours or days of work in a seven-day period
Ratio of the decision
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This was wrong and contrary to s. 26, as was contended by the appellant and in a way accepted by the High Court
Ratio of the decision
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SC 765 1980 Indlaw SC 47
Argument
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On application made in the prescribed manner to a High Court or to the Registrar by any person aggrieved,the tribunal may make such order as it may think fit for cancelling or varying the registration of a trade mark on the ground of any contravention,or failure to observe a condition entered on the register in relation thereto
Statute
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The efficiency in public service would improve only when the public servant devotes his sincere attention and does the duty diligently,truthfully,honestly and devotes himself assiduously to the performance of the duties of his post
Precedent
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About the request based on delay that the appellant has lost his job,undergone the ordeal all along etc.a lenient view be taken in this case,it is useful to refer decision of this Court in State of M.P.vs
Precedent
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The High Court noticed the position that under the said Andhra Pradesh Act it was for the revenue authorities to order whether a tenant is a protected tenant under section 34,s.37 'and section 37A of the said Act
Facts
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In view of our findings aforementioned,it is not necessary to consider the contention raised by Mr
Ruling by Present Court
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Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court dismissing the writ appeal filed by the appellant on the ground that it was not maintainable
Facts
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CONCLUSION
Ratio of the decision
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The subordinate judge held that Chunderbutti got an estate for life with the power to appropriate profits and Girdhari got a vested remainder on her death
Precedent
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Union of India (1999) 6 SCC 667 1999 Indlaw SC 503,M.S.Ahlawat v
Precedent
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The second charge is for an offence of criminal breach of trust punishable under s. 409 and the accusation therein is that the two respondents along with Ramana, misappropriated 69 items aggregating to a little over Rs
Ratio of the decision
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During the pendency of the two charge-sheets the Addl
Facts
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To decide whether a person is an agriculturist; (b) To decide whether a person is a tenant or a protected tenant (or a permanent tenant); (c) To decide such other matters as may be referred to him by or under this 85.(1).No Civil Court shall have jurisdiction to settle,decide or deal with any question which is by or under this Act required to be settled,decided or dealt with by the Mamlatdar or Tribunal,a Manager,the Collector or the Maharashtra Revenue Tribunal in appeal or revision or the State Government in exercise of their powers of control
Statute
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Then came the English Trade Marks Act of 1875,which was substituted later by later Acts
Precedent
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Learned counsel further pointed out that the decisions show that however undesirable it may be to adduce the evidence of a person jointly accused of having committed an offence along with others, his evidence is competent and admissible except when it is given in a case in which he is being actually tried
Argument
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8-1 to Misc
Facts
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Neither Nagendra nor the appellants who derive their title from the auction sale held on the 9th December, 1936, could therefore claim to have perfected their title to the premises
Ruling by Present Court
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Vyvyan
Precedent
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Before we turn to the terms of the Drugs (prices Control
Ratio of the decision
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Private Ltd,did bear the name of Kipre and Co
Argument
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The Additional Sessions Judge,New Delhi also in Civil Appeal No.7 of 2002 (Annexure P-2) dismissed the appeal as there is no infirmity in the order of the trial Court and uphold the conviction order passed by the trial Court on the point of sentence
Facts
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No costs
Ruling by Present Court
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P.W. 14, says that symbolic possession was delivered to him in respect of the acquired land on the 1st February'63
Ratio of the decision
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S. 300 IPC further provides for the exceptions which will constitute culpable homicide not amounting to murder and punishable u/s
Statute
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According to the medical opinion the probable cause of death of S was shock produced due to vaginal trauma and rupture of post- fornix along with asphyxia due to ligature around the neck
Facts
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The orders of the Commissioner (A) have been confirmed by Order dated 11.4.2000 passed by CEGAT
Facts
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The appointees have no right for regularization in the service because of the erroneous procedure adopted by the concerned authority in appointing such persons
Precedent
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Vs
Precedent
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It proceeds on the basis that exclusive jurisdiction is conferred on certain courts to decide all questions or claims under the Act as to parties,between whom there is or was a relationship of landlord and tenant
Ratio of the decision
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Shri Subba Rao,learned counsel for the respondents submits that the appellants should not be permitted to withdraw from the authorities concerned more than 40 per cent of the total compensation awarded in respect of the lands in question pending disposal of the appeal before the High Court
Facts
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Plot Nos.17/7 and 17/8 were owned by Respondent No.4 herein
Facts
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While considering such entries,the High Court had rightly held that from the entries in the RTC record for the years 1968 to 1974,the name of the appellants was not shown as the person in cultivation of the land in dispute and also the nature of cultivation of the scheduled land was not shown as that of the tenants in the said RTC record
Ratio of the decision
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However,S.25(1) is wider than S.25(2) as the latter is available only to a "person aggrieved".The main difference between S.25(1) and S.25(2),as brought about by Patents (Amendment
Ratio of the decision
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The respondent challenged the said Award before the High Court
Facts
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and C.A.Nos.7126-7129 of 2003 (Commissioner,Meerut Division,Meerut vs
Ratio of the decision
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It is also significant that the shot had apparently travelled upwards skirting the mandible, through the flesh of the cheek in an upward direction with minimal damage to the bone structure and it is indeed providential that the appellant got away with only an injury, albeit a very serious one
Ratio of the decision
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In course of time,the 2nd respondent and partners of the petitioners especially G.K.Pendharkar came very close to each other and developed very intimate relations
Facts
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In that context,it was held: "The question is whether the tenant or a sub-tenant is a person interested and is entitled to notice
Precedent
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3, 20, 000
Ratio of the decision
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The form of copyright as regards dramatic work as has been held by the High Court stating the same to be a part of the literary work is not correct as they connote two different things
Argument
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No. 337 of 2002 were asked to perform other duties also may not be of much significance having regard to our foregoing findings
Ratio of the decision
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Union of India and Others [(2006) 4 SCC 796 2006 Indlaw SC 87] wherein it has been held: "Furthermore no explanation whatsoever has been offered by the Respondent as to why the order of detention has been issued after such a long time
Precedent
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It also provides for appointment of one or more custodians for attaching the property of the offenders with a view to prevent diversion of such properties by the offenders
Statute
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U.P.Government and Ors
Precedent
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No hard and fast rule can be precisely formulated that would be applicable under all circumstances and no exhaustive guidelines can be laid down in that behalf
Precedent
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The ODA Project is said to have been completed and only the maintenance thereof was to be looked after by the Indore Municipal Corporation
Ruling by Lower Court
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That is a different 'cup of tea' altogether
Ratio of the decision
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Thereafter,over a period of 9 months,the State Government deposited 10% of compensation payable to the landowners,along with 10% of acquisition expenses and 70% of cost of acquisition was deposited,and the proposal for issuance of S.6 declaration was sent to the Director,Land Acquisition on 19th of June,2009.The Director in turn forwarded all these to the State Government on 17th July,2009,and the State Government finally issued the S.6 declaration on 10th of August,2009.This declaration was published in the local dailies on 17th of August,2009
Ratio of the decision
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Rule 6 of the Code of Civil Procedure,1908
Argument
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Besides,the testimony of these prosecution witnesses has received ample corroboration from the medical evidence as well as the recoveries of the weapons of offence
Ratio of the decision
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SUBMISSIONS
Argument
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It is always open to the competent authority to seek recovery of the amount if due from the Company or to adjust the dues
Ratio of the decision
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Another circumstantial evidence relied on was that a stain of semen was found on the under-pant of the accused
Argument
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House rent allowance was also paid
Facts
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PW-9 has stated that Sukhbir was unconscious since 2.00 P.M. on 18.11.1994 and was deeply comatose with irregularity of pupils and a laceration was diagnosed on the right front parietal region
Facts
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The place of occurrence is a residence inhabited by both the parties and there is no evidence on record that the deceased was armed with any weapon
Ratio of the decision
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The High Court vide impugned judgment dated 19.8.2011 modified the judgment of the trial court thereby convicted Jage Ram (A-1) u/s
Ruling by Lower Court
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It was further alleged by PW-1 that two or three days before the Ganesh Festival, deceased Rauji had informed Narayan that he would install statue of Lord Ganesh in the house and accordingly, he had purchased the same
Facts
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Now, s. 159 expressly enables a witness while under examination to refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is being questioned or soon afterwards, or to a writing made -similarly by another person and read by the witness immediately or soon after the writing was made
Ratio of the decision
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