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Shri G. Ramaswamy, learned Additional Solicitor General on behalf of the Union of India, submitted that the fixation of maximum price under paragraph 3 of the Drugs (prices Control
Argument
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the appellant filed the objection reserving the right of raising the jurisdiction of the Arbitrator to go into the question whether Abdul Khader was a protected tenant in the light of the Act 21 of 1950.Three civil appeals were filed before this Court against the order of the High Court on 15th May,1985.This Court passed the order,on 19th August,1985.The said order is important and reads as follows:- "Special leave are granted
Facts
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In our considered view,it was
Ratio of the decision
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The accused was challaned and charge-sheeted for the offences as already stated hereinabove
Facts
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This Court in Hari Vishnu Kamath v
Precedent
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2 nd phase 1.District Jail,Badaun; 2.District Jail,Varanasi; 3.District Jail,Barielly; and 4.District Jail,Muzaffarnagar
Facts
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The AICTE had consulted the State of Kerala as well as the Mahatama Gandhi University
Argument
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On behalf of the respondent,heavy reliance was placed on this decision and also the decision of the High Court in T.Gattaiahs case,to contend that in running a canteen under Section 46 of the Act,the appellant was discharging a public duty and,therefore,a writ of mandamus would lie against it
Argument
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Chandra Prakash (accused no.2) has filed Criminal Appeal No.589 of 2014.The appellant -Smt
Facts
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It is for this reason that we base our decision on the ground that independent of any statutory right,available to the appointees,and assuming for the purpose of this case that the rights flow only from the contract of appointment,the impugned circular,issued in exercise of the executive power of the State,must satisfy Art.14 of the Constitution and if it is shown to be arbitrary,it must be struck down
Precedent
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For all these reasons,therefore,the primary objection to the maintainability of the letters patent appeal as canvassed by learned counsel for the appellant,has to be repelled
Ratio of the decision
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Act,1970 as amended by the Patents (Amendment) Act,1999 w.e.f.26.3.99
Facts
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However,Mr.Rangaramanujam,learned senior counsel for the appellant by drawing our attention to the recent judgment of this Court in Yomeshbhai Pranshankar Bhatt vs
Argument
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SC 9011960 Indlaw SC 472; Shree Meenakshi Mills Ltd. v. Union of India, AIR (1974
Ratio of the decision
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In fact written statements have been filed by each of them in which every point left over has been fully answered
Ratio of the decision
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Mr
Argument
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We place on record our deep appreciation of the valuable assistance rendered to us by both of them
Facts
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The learned Single Judge's order quashing the letter of the State Government dated 16.8.96 is upheld
Ratio of the decision
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Leave granted
Facts
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emphasis supplied
Precedent
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Omar Khayyam Wineries (Pvt
Argument
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There was a considerable uproar at that meeting because the respondent No. 1 said that the Auditor's report had not been received
Facts
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Some documents were said to have been called for from the Respondents which are said to have been not produced
Ratio of the decision
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In the background of the totality of circumstances as manifest in the different orders it appeared to the arbitrator and the Court that the entry which was made in favour of Abdul Khader as the protected tenant was of doubtful validity
Ratio of the decision
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It is sufficient to justify a conviction u/s
Precedent
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Learned senior counsel appearing for the appellant submitted that the High Court,before extending the benefit of POB Act to the accused did not call for a report from the authorities to check upon the conduct of the accused-respondent as per Section 4(2) of the POB Act and that the appellant-MCD was also not given time to file their counter affidavit on the question of sentence
Argument
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It declared that the cumulative effect of an improved wage structure together with dearness allowance operating on a slab system would throw an impossible burden of about Rs.1 crore on the financial capacity of the appellant
Facts
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It follows that, after the present second remand, the re-appraisal of the annual net income cannot be done solely by the Forest Officer without securing the approval of the Chief Conservator
Ratio of the decision
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The District Collector,Meerut taking into consideration the dues to the extent of Rs.1.62 crores as on 24th October,1990 were to be paid by the Company,extended the tenure of the Receiver till further orders
Facts
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The proviso appended to S. 47 of the Adhiniyam further mandates that no post shall be created in any authority without the prior sanction of the State Government
Ratio of the decision
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It is also not the case of the Appellants that their names had appeared in the service book maintained for the said purpose
Ratio of the decision
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The trial court thus rightly noted that there was no agency between the parties
Ratio of the decision
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Rohini Goel,(2010) 4 SCC 393 2010 Indlaw SC 301.The facts in that case are that the parties by persuasion of the family members and friends,entered into a compromise and prepared a memorandum of understanding dated 13.11.2009,in the proceedings pending before the Mediation Centre,Delhi,by which they agreed on terms and conditions incorporated therein,to settle all their disputes and also for dissolution of their marriage
Precedent
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The Court may infer from this that A was misled,and that the error was material
Statute
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The appeal preferred by the appellants was dismissed by the High Court by the judgment and order dated 23 February 2005
Ruling by Lower Court
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As a matter of fact,P.W.9 who was examined on the very date when police started investigation did not inform the police that she had seen the accused coming down from upstairs or that the accused had threatened her
Ratio of the decision
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His submission was that where bonus in excess of statutory minimum was payable under the provisions of the Bonus Act there was no option left to the manufacturer not to pay the excess bonus
Argument
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Placed in such situation if a villager, unaware of the law, happens to ask a person, who he feels knows the things better than what he himself does, as to what would be the period of incarceration to be suffered by any person for such an offence the impulse for inquiry may be outcome of a feeling of nervousness or mere inquisitiveness; such an enquiry is not necessarily suggestive of the working of a criminal mind
Ratio of the decision
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It is classified amongst the methods of wage payment
Ratio of the decision
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By its order dated February 26,1969,the Labour Court allowed the claim of the respondent
Facts
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Those account books are in Gujrati and he stated in his evidence that the accounts were regularly kept and that there were no entries in them corresponding to the entries in the VESCO accounts
Statute
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SC 1021 1970 Indlaw SC 341, Radhakrishna v. State of Bihar, AIR (1977
Precedent
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Presidential assent has been accorded to this State Act and so the ban operates
Ratio of the decision
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The Appellants were appointed by the Indore Development Authority
Facts
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Allegedly,on the premise that the first respondent is the proprietor of the said mark by reason of long user and,thus,acquired a reputation in that behalf,a legal notice was issued upon it questioning its right to use the said mark in respect of centrifugal pumps by the appellant laying a claim that it had been using the said mark since 1963
Facts
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Even in this behalf, it was necessary for the Special Judge to assign sufficient and cogent reasons
Ratio of the decision
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The landlord had alleged that the appellant had closed that business and he was not using the premises in question for the purpose for which it was let to him
Facts
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2) of S. 4 of the Act
Ratio of the decision
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The will there recited that if a daughter or son was born to the testator during his lifetime, such son or daughter would be the owner of all his properties but if there was no son or daughter, his niece S. would get a bequest of a lakh of rupees, and the rest of the movable and immovable properties would remain in possession of his wife until her death, and after her these would remain in possession of his niece
Precedent
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P. 24 that actual possession of this land was handed over by the said Tehsildar on 13th
Argument
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The idea was to prevent the commission of crimes by, so to , speak, nipping them in the bud
Ratio of the decision
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C-51).The fitment has also to be done only after the flat increase is added to the present basic salary of each employee
Ruling by Lower Court
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The appraisement can be scientifically done by looking to the age of the trees as they stand now
Facts
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Having regard to the fact that the occurrence was of the year 1994, considering the other facts and circumstances of the case, the sentence of imprisonment imposed on Jage Ram (A-1), Madan (A-3) and Rakesh (A-4) is reduced to the period already undergone by them
Ratio of the decision
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He held further that Khasra Pahani which is the basic record of occupancy period after spot inspections does not find the name of Abdul Khader and further held that all entries except this entry in the Protected Tenancy Register prepared under section 37A of the Andhra Pradesh Act was supported by an enquiry
Facts
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A road widening project was proposed in terms of the said scheme
Facts
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Reliance in this behalf has been placed on B.C. Dalal 2005 Indlaw SC 1826 v. Custodian
Argument
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In the present case,as stated above M/s
Ratio of the decision
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In so far as the respondent No. 2 is concerned the High Court has held that since he was charged with a specific offence under s.409 I.P.C. he could not be convicted of mere abetment of an offence
Ruling by Lower Court
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Jaswant Sugar Mills Ltd.had six business units as under: M/s
Facts
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The accused were searched for but could not be traced
Facts
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A legislative measure does not concern itself with the facts of an individual case
Precedent
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The tribunals below,while accepting the case of the appellants,had relied on the entries made in the RTC record in respect of certain period
Ratio of the decision
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1st and 2nd respondents had by their letter dated 14 December 1984 confirmed that the petitioners have all T.V.and video rights of the sponsored programme in Hindi "Yeh Jo Hai Zindagi" and vest with the petitioners
Facts
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If the prices of yarn or cloth were fixed in such a way to enable the manufacturer or producer recover his cost of production and secure a reasonable margin of profit, no aspect of infringement of any fundamental right could be said to arise
Precedent
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Hence, it could not have been held that the accused was absconding
Ratio of the decision
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This deeming fiction cannot be extended to the Excise Law
Ratio of the decision
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The prosecution version to the effect that even some signatures on blank papers had been taken from P.W.22 and C.W.1 thus assumes great importance
Ratio of the decision
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Notices therefor were issued both to the appellant as also the respondent no
Facts
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In support of his contention he strongly relied upon the decision in Kandaswamy Gounder
Argument
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Sections 46,56 and 69 of the Act contain the phrase
Precedent
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the Annexures from the Company to the Director General,Posts & Telegraphs,Delhi (Ex.C-27) indicates the important projects the Company was handling in India and abroad,and the amount of foreign exchange earned and repatriated
Facts
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We, therefore, have not been given a clear picture as to the correctness or otherwise of the affidavit filed by the Custodian vis-a-vis the Books of Accounts which have been maintained by the Appellants themselves as well as the Auditor's Report
Ratio of the decision
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He also recovered the knife at the instance of accused Sharmila which he seized
Ratio of the decision
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It is difficult to appreciate what purpose would be served by separating the trial for the same offence from the trial for different offences
Ratio of the decision
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P.M." means the cost of packing material including process loss thereon worked out in accordance with such norms as may be specified by the Government from time to time by notifi- cation in the official Gazette in this behalf
Statute
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Equally clearly, a slight error has crept into the Judge's order because he does not make any reference specifically to the statutory requirement of approval of the Chief Conservator of Forests of the appraisement made by the Forest Officer
Ratio of the decision
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1) of S. 7 and includes
Statute
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Section 9 of the Act is in the following terms : "Any person unauthorised occupying any land for which he is liable to pay a fine under section 6 and an assessment or prohibitory assessment under section 7, may be summarily evicted by the Division Peishkar, and any crop or other product raised on the land shall be liable to forfeiture and any building or other structure erected or anything deposited thereon shall also, if not removed by him after such written notice as the Division Peishkar may deem reasonable, be liable to forfeiture
Statute
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For all these services,I hereby declare that after my death copyrights in respect of all my literary works shall vest with Smt
Facts
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The tribunal,of its own motion,may,after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard,make any order referred to in sub-s.(1) or sub-s.(2
Statute
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The Scheme of the employees provident fund or the leave rules would not alter the nature and character of their appointments
Ratio of the decision
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In the year 1929 the Andhra Engineering Co., which was originally a partnership firm formed by one D.L.N. Raju was converted into a private limited, company with its headquarters at Visakhapatnam
Facts
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All the expressions used under this section are of a very wide magnitude
Ratio of the decision
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Their evidence was that he touched/caught the hand of Sheela Devi and when she raised an alarm he ran away
Ratio of the decision
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Grave injustice has been done to the accused by holding it as a fact that the accused was absconding after the date of the incident and then treating the so-called absconding as a piece of incrimi-nating circumstantial evidence against the accused
Ratio of the decision
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The District Collector,Meerut by order dated 18th December,1995,allowed the case No.30/1995 with observation that as on the date no recovery certificate was pending against the Company
Facts
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It is manifest that unlike a stage play a film has a much broader prospective,wider field and a bigger background where the defendants can by introducing a variety of incidents give a colour and complexion different from the manner in which the copyrighted work has expressed the idea
Precedent
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Our Trade Marks law is based on the English Trade Marks law and the English Acts
Precedent
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Another v
Precedent
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In other words,it is only a labour welfare device for the benefit of its work force unlike a provision where Pollution Control Act makes it obligatory even on a private company not to discharge certain effluents
Ratio of the decision
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In the present case,issuance of registration certificate with retrospective effect from 30.9.91 will not tantamount to conferment of exemption benefit under the Excise Law once it is found that the appellants had wrongly used the trade mark of M/s
Ratio of the decision
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The rest of the claim was dismissed
Facts
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Against the background of law just projected, we may set out Shri Purohit's points which, if we may say so, are substantially the same as have been argued by him in revision before the High Court with partial success
Ratio of the decision
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Madras 182,Subba Rao,J.as the learned Chief Justice then was,held that there cannot be a subletting,unless the lessee parted with legal possession
Precedent
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Sub-s.(3) covers a case falling within cl.(b) and not the cl.(a) thereof
Precedent
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The accused appears to have been engaged as a causal (not regular) gate-keeper at 'Hira Moti'-a local talkies
Ratio of the decision
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The facts as narrated were that Arjan Singh of village Bangawali had three sons Puran Singh, Ujjagar Singh (appellant) and Ajmer Singh
Facts
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The discrepancies which were sought to be pointed out are minor discrepancies without in any manner affecting the substratum of the prosecution case and therefore, minor discrepancies in the evidence of the eye-witnesses are immaterial
Ratio of the decision
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that the same was registered SSI Unit; that M/s
Argument
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