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he was instructed to report at Head Quarters,Vijayawada and accordingly,when he reported there,he was asked to go back to Tanuku
Facts
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In response, learned counsel for the respondent-State submitted that the appellants have failed to adduce any evidence or material to show that were in any way induced by any governmental action to set up industries
Argument
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What happened to these clothes is not known
Ratio of the decision
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A similar question came for consideration before this Court in the case of Ishwar Singh vs
Precedent
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They are: (1) the circumstances from which the conclusion of guilt is to be drawn should be fully established
Precedent
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Jain Industries by a deed of assignment assigned the said trade mark along with its goodwill in favour of the appellant
Facts
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But if after careful analysis and scrutiny of their evidence, the version given by the witnesses appears to be clear, cogent and credible, there is no reason to discard the same
Precedent
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Legitimacy of an expectation can be inferred only if it is founded on the sanction of law
Ratio of the decision
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We find it difficult to accept the said argument and the aforesaid decision of this Court relied upon in support thereof can render no assistance
Ratio of the decision
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Balwinder Singh her husband was addicted to vices and used to beat her due to which she used to remain under depression and sick generally, and used to come to me as my daughter
Facts
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February 1963 to the appellant
Argument
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The powers u/art.142 are not meant to be exercised when their exercise may come directly in conflict with what has been expressly provided for in statute dealing expressly with the subject
Ratio of the decision
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It reads as follows : " Grant of affiliation : (1
Statute
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In other words, the review if it is fruitful must result in fresh subordinate legislative activity
Ratio of the decision
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The knowledge of the Financial position of VESCO obtained by them used to be derived essentially from the respondent No. 1
Argument
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500/- each with default clause
Ruling by Lower Court
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As against this,the respondent pleaded that the computation had to be made not with reference to the Actual number of working days but with reference to total number of days covered by twelve weeks i.e.84 days
Facts
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held."The right to file objections under Section 5A is a substantial right when a person's property is being threatened with acquisition and we cannot accept that that right can be taken away as if by a side-wind
Precedent
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In fact the order specifically mentions thisprovision while granting sanction
Ratio of the decision
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In this case,while rejecting the claim of the appellants,the High Court had considered that the appellants had failed to satisfy the court that any payment of rent was made either by the father of the appellants or by the appellants themselves
Ratio of the decision
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On the basis of the said statement,the following order was passed : "This petition has been filed by M/s
Facts
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This apart,the respondent did not also disclose the fact in the criminal revision filed before the High Court that he has also been convicted in another Criminal Case No.202 of 1997 by the Court of Metropolitan Magistrate,Patiala House,New Delhi
Ratio of the decision
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The Union modified its demands but even the modified terms,according to the Tribunal,appeared to be on the high side inasmuch as the resulting total burden of Rs.1.70 crores was much higher than the average profits could sustain
Facts
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One accused died during the pendency of the trial
Facts
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The observations of this Court undoubtedly lay down the correct law and we have no reason to doubt them
Ratio of the decision
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The residuary clause will apply because it is well settled that no part of the stay lies in limbo
Ratio of the decision
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Obtaining such a report of the probation officer is mandatory since the sub-s.(1) of S.4 says that the Court shall consider the report of the probation officer
Precedent
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one B. Rajan was elected Auditor not only for VESCO but for all the other four concerns, including AECO
Argument
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Bajrang PW-14 regained consciousness during the night intervening 11th and 12th August,1990 and made a statement to the police in respect of the incident which took place in front of Jagdamba hotel and on the basis of that statement,CR No.102/90 was registered
Facts
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Nagendra died in June, 1931, and the said premises were ultimately put up for sale in execution of the mortgage decree and were purchased on the 9th December, 1936, by Hari Charan Dutt
Facts
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To the aforesaid limited extent, the matter is remitted to the High Court for fresh consideration
Ruling by Present Court
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The result is that although the Legislature intended to provide for only one statutory appeal to the Appellate Board,by reason of S.61 of the Patents (Amendment) Act,2005 not being brought into force till 2.4.07 a strange situation developed
Ratio of the decision
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A likelihood of some injury or damage to the applicant by such trade mark remaining on the register may meet the test of locus standi
Ratio of the decision
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In these contempt petitions the promotees as well as some of the subsequent direct recruits complain against fixation of their inter se seniority by the State Government
Facts
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The question before us is : what is the effect of issuance of registration certificate with retrospective effect
Ratio of the decision
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The section itself shows that the motivating factor for an approver to turn, what in England is called "King's evidence" is the hope of pardon and not any noble sentiment like contrition at the evil in which he has participated
Ratio of the decision
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There is no evidence to show that at that point of time, PW-21 seized any articles or interrogated any witnesses or took any other action in initiating or in furtherance of investigation
Ratio of the decision
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unless the statute conferring the right to appeal limits the re-hearing in some way
Ratio of the decision
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That is to say, they have given their explantion regarding the circumstances appearing in the evidence set out in the questions and wherever that was not feasible they have said that they would do so in their written statements
Argument
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The present is as we experience it, the past is a present memory and future is a present expectation
Ratio of the decision
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V. State of A.P. (2006) 10 SCC 172 2006 Indlaw SC 144 in support of his plea relating to the evaluation of circumstantial evidence
Ratio of the decision
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We are left with circumstance no
Ratio of the decision
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Harish Chandra,learned senior counsel for the respondent
Facts
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It is, therefore, clear that the choice of police is for the decision-maker and not the Court
Precedent
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Leave granted
Facts
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D.92) and Motor Terms Company Pty
Argument
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In other words, taxes as assessed which are presently payable by the notified person are taxes which have to be taken into account under S. 11(2)(a) while distributing the property of the notified person
Precedent
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Thereafter, he gave a report about the incident in writing at the police station
Facts
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The court is required to consider the question having regard to the overall picture
Ratio of the decision
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State of Gujarat & Anr.2008 (4) SCALE 278 2008 Indlaw SC 527
Precedent
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Ordinance of 1948 the whole of the profits of 1948 could have been distributed after paying the workers bonus in that year of four annas in the rupee
Ratio of the decision
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Section 2 of Dowry Prohibition Act reads as under :- "2. Definition of "dowry" - In this Act "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dowry or mahr in the case of persons to whom the Muslim Personal Law (shariat) applies
Statute
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At what point of time should the taxes have become due
Precedent
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So far as Question No. 4 is concerned, this Court despite upholding the contention of the Custodian that no question of any reopening of tax assessments before the Special Court would arise and the liability of the notified person to pay the tax will have to be determined under the machinery provided by the relevant tax law, observed: "But the Special Court can decide how much of that liability will be discharged out of the funds in the hands of the Custodian
Precedent
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There would be no order as to costs
Ruling by Present Court
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The appeal is accordingly dismissed but,in the circumstances,without costs
Ruling by Present Court
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There is presumption of service of a letter sent under registered cover,if the same is returned back with a postal endorsement that the addressee refused to accept the same
Ratio of the decision
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He is the Director of the appellants (company) also
Ratio of the decision
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Pertinently,the notice was issued in the petitions for special leave to appeal to the respondents on November 1,2004.In response to the said notice the first respondent filed counter affidavit before this Court on March 11,2005 wherein no specific objection about invocation of jurisdiction of this Court directly has been taken
Facts
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They are generally held during the course of investigation with the primary object of enabling the witnesses to identify persons concerned in the offence,who were not previously known to them
Precedent
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I
Ratio of the decision
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PW 8-Ramesh Kumar (ASI) had taken up the investigation
Facts
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The cause of death of the deceased Usha Devi i.e. by a gun shot injury is not disputed
Argument
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State of A.P.(1993
Ratio of the decision
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The deeds gave the appellant the right to share the profits and made him agent for certain limited purposes of the firm and there was evidence that the partnership deeds were acted upon
Ratio of the decision
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This Court, therefore, has laid down a law that mere filing of an appeal is not sufficient, particularly, when there is no order of stay on recovery has been granted and the demand is outstanding
Ratio of the decision
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On 28.04.1988, that is, after about 9 days of the incident, Accused Nos
Ratio of the decision
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On March 24,1982,the appellant made an application under Sections 32,46 and 56 of the Act against the respondents in the High Court of Calcutta in Suit No.266/92 pleading,inter alia,that the respondents had failed to provide technical assistance by passing the technical know-how to Sen Raleigh after November 1,1976.Neither the appellant nor Sen Raleigh were registered users of the trade mark after November 1,1976
Facts
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There was evidence of suit of dissolution of the partnership where none of the partners took the plea that it was a false or a fictitious document
Ratio of the decision
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the defendants prove that the plaintiffs are not the owners of the copyright of the TV serial/film,viz.,"Yeh Jo Hai Zindagi" ,within the meaning of S.17 of the Copyright Act
Facts
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A chargesheet was filed against the Appellant under Section 5 (1) (c) and 5 (1) (d) read with 5 (2) of the Prevention of Corruption Act on 5-8-1966 after obtaining sanction from the Govt
Facts
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The impugned judgments are set aside and the matter is remitted to the learned Judge, Special Court for consideration of the matter afresh
Ruling by Present Court
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S.6 of the Act which deals with notice of claim for maternity benefit and payment thereof is to the following effect :- "6.Notice of claim for maternity benefit and payment thereof
Statute
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We therefore hold that the estate conferred on Ranganayaki Ammal was more like the limited estate in the English sense of the term than like a full Hindu widow's estate in spite of the directions above- mentioned
Ruling by Present Court
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It was also held that the respondents proved that the petitioners are not the owners of the copy right of the TV serial/film viz.,"Yeh Jo Hai Zindagi" within the meaning of S.17 of the Copy Right Act and it was intended between the parties that copy rights in respect of the said film should vest exclusively with the respondents or that the rights of ownership was waived by the petitioners
Facts
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We are in agreement with the Designated Court that there is ample evidence led by the prosecution to establish the incident at the video parlour and also that the said incident was the origin for the subsequent assault
Ratio of the decision
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The learned counsel argued that they were unable to bring these facts to the notice of the Government as they were not furnished the basis on which the prices were fixed
Ratio of the decision
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On the 6th April, 1963 he has again written to the Garrison Engineer saying as follows
Facts
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M.K.Verma
Facts
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The Order requiring him to sell the sugar to the Government was made under s. 3(2)(f) of the Essential Commodities Act under which the Central Government was enabled to make an order requiring any person engaged in the production of any essential commodity to sell the whole or specified part of the quantity produced by him to the Government or its nominee
Ratio of the decision
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In view of the rival submissions at the Bar the first question that arises for consideration is whether in the suit for partition amongst the members of the Sarkar family which was ultimately disposed of by a compromise decree in this Court Nalban Fishery had been allotted to some members of the Sarkar family and whether such decree would affect the rights of the State and bind the State of West
Ratio of the decision
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In cl
Precedent
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The definition of "dowry" is not restricted to agreement or demand for payment of dowry before and at the time of marriage but even include subsequent demands,was the dictum of this Court in State of A.P.v
Precedent
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Bom 332 1926 Indlaw MUM 144),Raghunath Keshav Khadilkar v
Precedent
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And the clinching circumstances of all is that the award was made on the basis that the overall financial load according to paragraph 33 of the award would be to the tune of about Rs.5 lakhs
Ratio of the decision
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We have carefully considered the contentions urged on behalf of the petitioners
Ratio of the decision
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Invoices with a higher value were presented before the Indian Customs Authorities with a view to avail DEPB incentives but in fact invoices with a lower value were presented for clearance
Facts
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No doubt, Section 5-A of the Prevention of Corruption Act was enacted for preventing harassment to a government servant and with this object in view investigation, except with the previous permission of a Magistrate, is not permitted to be made by an officer below the rank of Deputy Superintendent of Police
Precedent
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Petition disposed of
Ruling by Present Court
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Rajaram (2003(8) SCC 180 2003 Indlaw SC 630),State of Haryana v
Ratio of the decision
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He forgets that in the case of forests it is the assumed income and not the Actual income that forms the basis of calculation of compensation
Ratio of the decision
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Jaideep Gupta,learned senior counsel appearing on behalf of the appellants,would submit that the High Court went wrong in passing the impugned judgment insofar as it failed to take into consideration that in a case of this nature it was not necessary to comply with the principles of natural justice
Argument
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On the day on which the preliminary scheme comes into force
Statute
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iii)Whether the tax liabilities could not have been held to be due as the order of assessments did not become final and binding
Ratio of the decision
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Maimuma Banu and others,(2003) 7 SCC 448 2003 Indlaw SC 625,the question arose as to whether interest was payable on rental compensation
Precedent
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It will be noticed that transportation for life was not the only punishment provided for an offence under s. 409 of the Indian Penal Code even before the amendment made to the Indian Penal Code by s. 117 of the Act 26 of 1955, the other alternative being imprisonment up to 10 years
Ratio of the decision
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The abovesaid approval was subject to the fulfilment of specific conditions mentioned in Annexure I and the general conditions mentioned in Annexure II to the said letter
Facts
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There is no question before us that paragraph 3 prescribes any arbitrary guideline
Ratio of the decision
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Shri S.Ganesh,learned counsel for the appellant,pressed into service the decision of this Court in Anadi Mukta Sadguru Shree Muktajee Vandas Swami Survarna Jayanti Mahotsav Smarak Trust & Ors.vs
Argument
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No facet of public activity has been left unaffected by the stink of corruption
Precedent
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