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S. 26 has great relevance as it lays down the method of arriving at the gross asset and s. 27 has like significance as it focuses on the manner in which the net income from an estate shall be computed by deducting certain items from the gross asset of the estate
Statute
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See Bombay Dyeing & Manufacturing Co. Ltd. v. The State of Bombay and others, AIR 1958 SC 338, Savitra Khandu Beradi v. Nagar Agricultural Sale and Purchase Co-operative Society Ltd. Ahmednagar and others
Ratio of the decision
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S.39 deals with right of protected tenants to exchange lands
Statute
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If the accused had not made such a statement at such first instance,when he had confessed about other articles,it is not understood as to how after 5 months when he was on bail he would make such a statement
Ratio of the decision
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They alleged that they were cultivating the scheduled land from 1968 till the notified date under the Act on Wara basis giving 1/3rd of the share in the foodgrains to respondent No.4.Accordingly,the appellants prayed for an order of occupancy right in respect of the scheduled land alleging that they and their father were cultivating the scheduled land as occupancy
Facts
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The accused Raju
Facts
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It takes us to the consideration of points arising for our decision on merits
Ratio of the decision
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It must be proved that there was an intention to inflict that particular bodily injury which, in the ordinary course of nature, was sufficient to cause death viz
Precedent
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It was remarked that in spite of an
Precedent
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Literal meaning of alibi is 'elsewhere
Ratio of the decision
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S.6 deals with the power of release from the requisitioning
Statute
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The Company preferred two writ petitions challenging the orders passed by the District Magistrate/Collector,Meerut and Board of Revenue dated 18th December,1995 and 3rd August,1996 respectively
Facts
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It has been ordered to refund amount in favour of the auction purchaser
Ratio of the decision
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The weapon and the recovered cartridge cases had also been sent to the Forensic Science Laboratory which in its report dated 4.8.2004 opined that the crime cartridge case CI 'could' have been fired by the right barrel of the weapon whereas the crime cartridge case C2 'had been' fired from the right barrel
Facts
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The plaint averments were that appellant-1 (defendant-1) had appointed the respondent as his commission agent for the sale of the appellants' cloth in the shop in question
Ratio of the decision
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A continuous period of 5 years or longer had passed and the trade mark had not been bona fide used by the respondent
Facts
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It may arise from a party making an election,for example whether or not to exercise a contractual right
Ratio of the decision
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The parties shall bear their own costs
Ruling by Present Court
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Do the taxes [in cl
Precedent
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In support of this contention three decisions have been cited before us namely Bhagat Ram v. State of Punjab 1954 Indlaw SC 188, Madan Mohan Singh V. State of U. P., Privy Council 82
Ratio of the decision
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The hearing was adjourned to enable Sh
Facts
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However,upon medical examination by the doctor,she was declared brought dead
Facts
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It was allegedly found that non-alloy steel,bars,rods,etc.of value ranging from Rs.15/-to Rs.17/-per kg.were exported in the guise of alloy steel forgings,bars,rods,etc.by declaring their value thereof from Rs.110/-to Rs.150/-per kg.and the export proceeds over and above the actual price were being routed through Hawala Channel
Facts
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11,073.13
Facts
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Learned senior counsel for the appellant further submitted that inasmuch as the incident had occurred on 14.11.1997 and the trial Court has convicted him on 19.03.2001 which was affirmed by the High Court on 03.10.2007,at this juncture,i.e.,after a gap of 14 years,there is no need to retain the same sentence and the Court is not justified in directing the appellant to serve the remaining period after such a long time
Argument
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Does the plaintiff prove that her right under the said Will was infringed by the defendants
Ratio of the decision
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The expression "in connection with the marriage" cannot be given a restricted or a narrower meaning
Ratio of the decision
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There is however absolutely no evidence to suggest (even assuming that the intercourse had been committed by the appellant) that he had done so without Mukhtiar Kaur's consent or against her will
Ratio of the decision
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In any event,having regard to the fact that the said authority himself had denied to have issued a letter,there was no reason for the State not to act pursuant thereto or in furtherance thereof
Ratio of the decision
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7.Does
Facts
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Suspecting that the entry in the Protected Tenancy Register might not be genuine,on or about 24th of October,1970 the Tahsildar passed an order cancelling that entry
Facts
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After scrutiny,the said application stood notified by the Patent Office on 20.11.2004
Facts
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SCR.933 1961 Indlaw SC 157 had to consider section 35(1) of the Delhi & Ajmer Rent Corntrol Act,1952
Ratio of the decision
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The Ordinance provides for the establishment of a Special Court with a sitting Judge of a High Court for speedy trial of offences relating to transactions in securities and disposal of properties attached
Statute
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and,therefore,they were entitled to exemption
Facts
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Dissatisfied with this decision,the establishment has,already stated,come up in appeal to this Court by special leave
Facts
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According to him when the plaintiff had not admitted that the defendants were tenants of the suit properties,it was not open to the defendants to force the plaintiff who had a right to choose his forum to file a suit to go before another forum on the plea that jurisdiction lay before another forum,that is,Mamlatdar
Argument
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Civil Appeal Nos.6533/97 & 6534/97
Ruling by Present Court
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But in absence of any conflict in the provisions of the said Act, the conditions of service including those relating to recruitment as provided for in the 1973 Act and the 1987 Rules would apply
Ratio of the decision
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After reaching the police station and at the request of PW-1 the FIR was recorded at 3.00 a.m. in the morning
Ratio of the decision
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Sub-s
Statute
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has no validity
Ratio of the decision
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I and II specified in the third schedule
Statute
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These recommendations were accepted by the State Government vide the approval of the cabinet dated 7.12.2007.Following this decision,the Director General of Prisons (Administration and Reforms),Uttar Pradesh,vide letter dated 04.06.2008,requested the District Magistrate,Shahjahanpur to send all the relevant records to the State Government for publication of notification u/ss.4(1) and 17 of the Land Acquisition Act,1894 (hereinafter "the Act").The land suggested for such acquisition by the Divisional Land Utility Committee was
Facts
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Sub-s.(1) thereof provides that no finding,sentence or order of a court of competent jurisdiction shall be deemed invalid merely on the ground that no charge was framed or on the ground of any error,omission or irregularity in the charge including any misjoinder of charge,unless,in the opinion of the court of appeal,confirmation or revision,a failure of justice has in fact been occasioned thereby
Statute
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The shareholders only would be entitled to such benefit and the mere fact that dividends were declared and paid to the shareholders out of such reserves and undistributed profits would not entitle the workers to demand bonus when in fact the working of the industrial concern during the particular year had showed a loss
Ratio of the decision
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It is true that u/s.43(1) either the registered proprietor or a permitted person is required to register as permitted user
Ratio of the decision
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State of U.P.(1970) 2 SCC 128 1970 Indlaw SC 136 where this Court made the following observations:- "7.Now,facts which establish the identity of an accused person are relevant u/s.9 of the Indian Evidence Act
Precedent
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In Welcom Hotel v. State of Andhra Pradesh, [1983] 4 SCC 575 1983 Indlaw SC 128 the observations of Chandrachud, CJ
Precedent
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ii) Employees who have completed 4 years of service as on 1st January,1976,2 increments
Facts
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Charles of the Ritz (1989
Argument
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A transaction of Benami indisputably can be a subject matter of a lies in terms of S. 4(1) of the Act as and when such a question is raised, the same may have to be dealt with by the Special Court appropriately
Ratio of the decision
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Later on,the accused came to fetch deceased
Ratio of the decision
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It could not, therefore, give rise to a complaint that a rule of natural justice has not been followed in fixing the price
Precedent
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In the case of a mortgage the estate that is outstanding is the equity of redemption of the mortgagor
Ratio of the decision
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By a letter dated 20.12.2004,the authorities of DRI stated that transactions after 11.10.2003 were not under scrutiny and by letters dated 28.2.2005 and 7.3.2005,the bank accounts of Appellant were defreezed
Facts
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It was stated that Government could not initially take a decision on the appellant's affiliation because of elections and that matter being one of 'major policy' the Government had subsequently "taken a policy decision not to sanction any affiliation to such colleges either in the private sector or in the public sector for this year".These are stated to be the reasons for the government's rejection by letter dated 16.8.96
Ratio of the decision
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Thereafter they shall pass to my grandson through my daughter
Precedent
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Learned counsel for the appellants has also submitted that there is absolutely no evidence either direct or circumstantial to show that Bhimabai committed suicide
Argument
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However,when there is undue and long delay between the prejudicial activities and the passing of detention order,the court has to scrutinise whether the detaining authority has satisfactorily examined such a delay and afforded a tenable and reasonable explanation as to why such a delay has occasioned,when called upon to answer and further the court has to investigate whether the causal connection has been broken in the circumstances of each case
Precedent
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Commissioner,Meerut Division,Meerut & Ors
Facts
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Girnar and Shri Amar were defreezed
Facts
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Pooled price' in relation to a bulk drug, means the price fixed under para 7
Statute
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In Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, [1981] 4 SCC 471 1981 Indlaw SC 607; it was pointed out that the amendment of the Madhya Pradesh Food Stuffs Distribution Control Order was a legislative function and there was, therefore, no question of affording an opportunity to those who were to be affected by it
Precedent
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Save as otherwise expressly provided in Sub-section (2),no appeal shall lie from any decision,order or direction made or issued under this Act by the Central Government,or from any act or order of the Controller for the purpose of giving effect to any such decision,order or direction
Statute
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At the SLP stage,this Court,by order dated 27.07.2009,issued notice confined only to the question as to whether the petitioner was guilty of commission of an offence under any of the parts of S.304 Indian Penal Code,1860 (in short 'IPC') and not u/s.302 IPC.Similar request was made before the Bench that the appellant was entitled to urge all the questions including his right to urge that he should have been acquitted in the facts and circumstances of the case
Argument
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Dollar and the key chain with key belonging to the deceased
Facts
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AIR 1969 Bombay 24 1965 Indlaw MUM 1419 in which it has been held vide paras '32' and '38' as follows: "A proprietary right in a mark can be obtained in a number of ways
Precedent
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Cl
Ratio of the decision
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It is also not in dispute that labour and other dues were payable by the Company apart from Sale Tax dues and the loan was given by the State Government between 1977-1984 for payment of such dues
Ratio of the decision
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So,it is not possible to presume that the father of the respondents 3 and 4 was inducted as a tenant by the mortgagee,the 5th respondent,in respect of the land in dispute
Facts
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Further, is no particular formula of words required for compliance with Article 166(1
Ratio of the decision
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Under para '4' of the said Notification,the benefit of exemption was not available for excisable goods bearing brand name or trade name (registered or not) of another person
Ratio of the decision
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The restraint against alienation was repugnant to both a life estate and a widow',-, estate and was not, therefore, taken into account
Ratio of the decision
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It must be accepted that in construing public purpose,a broad and overall view has to be taken and the focus must be on ensuring maximum benefit to the largest number of people
Ratio of the decision
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It is true that the price of a bulk drug is dependent on innumerable variables
Ratio of the decision
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After considering the rival contentions of the parties, we are of the opinion that no sufficient grounds have been made out for disturbing the unanimous opinion of the two courts below on the construction of this will
Ruling by Present Court
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323 IPC and he was sentenced to undergo six months rigorous imprisonment
Ruling by Lower Court
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The appellant was to bring his asset being the tenancy of the premises in question for the user of the partnership
Ratio of the decision
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A learned Single Judge of the Calcutta High Court passed a preliminary decree in the said suit on 11.8.1960.One of the Co-sharers of the Sarkar family preferred an appeal against the preliminary decree before the Division Bench which was registered as Appeal No,200 of 1960.During the pendency of the aforesaid appeal the State of West
Facts
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According to the prosecution the respondent No
Argument
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The Division Bench observed thus
Ruling by Lower Court
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The principle of 'purchaser of a property has a duty to make enquiries',therefore,cannot apply in a case of this nature
Ratio of the decision
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Since the maximum price of a bulk drug is required by paragraph 3 to be notified any fresh decision taken in the proceeding for review by way of modification of the maximum price has to be made by a fresh notification fixing the new maximum price of the bulk drug
Ratio of the decision
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1.While absent from work on maternity leave in accordance with the provisions of art.3,the woman shall be entitled to receive cash and medical benefits
Statute
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Before the Commissioner (A),it was argued in the alternative that the logo belonged to M/s
Argument
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No
Argument
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It is contended that he is first offender
Ruling by Lower Court
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vi
Facts
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When these factors had not been established and the suit is itself not dependent on the interpretation of S.17 of the Copyright Act,pleadings and issues raised did not attract the same
Ratio of the decision
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Indisputably,it would be the registered proprietor
Ratio of the decision
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15 RPC 677),which has been reproduced in the report
Ratio of the decision
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3.Do the plaintiffs prove that the entire serial rights including the excluding the exclusive right to use the title thereof,belong to the plaintiffs as alleged
Facts
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The High Court took into consideration the judgment in Suit No.13(1) of 195 1-52 by the tenant
Facts
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Abdul Khader became a tenant
Facts
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For the purposes of this section,the identity of an author shall be deemed to have been disclosed,if either the identity of the author is disclosed publicly by both the author and the publisher or is otherwise established to the satisfaction of the Copyright Board by that author
Statute
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Bhatt,who in view of the default in appearance of respondent No.2 and the importance of the point involved in the case was appointed as amicus cruaie
Facts
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In the backdrop of these peculiar facts,in our view,it is not appropriate to relegate the 17 appellant at this distance of time to challenge the impugned order passed by the IPAB in writ petition before the High Court
Ratio of the decision
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Appeal Allowed
Ruling by Present Court
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Therefore,the view taken by the courts below in this regard appears to be correct
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