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On or about 24th of October,1960
Facts
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Jain Industries as also the appellant in the suit filed by it which is pending
Ratio of the decision
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It was suggested that the delay in disposing of the review applications had the effect of rendering the original notifications fixing the prices unreal and out of date and liable to be struck down on that ground alone
Argument
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In such a case, if an "escalation" in price is contemplated at intervals, the object of controlled price may be stultified
Precedent
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We do not agree with the submission
Argument
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Nor is it desirable to seek analogies and look to distant cousins for guidance
Ratio of the decision
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The fact that C.W.1 is a close relation of the deceased adds weight to his evidence rather than taking it away
Ratio of the decision
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Paragraph 2(a) of the Drugs
Statute
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Again, what was said by this Court was that it is undesirable to complicate a trial by introducing a large number of charges spread over a long period but even so this was a question of propriety which should be left to the discretion of the judge or Magistrate trying the case
Argument
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Appeals disposed of
Ruling by Present Court
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We agree with his submission
Facts
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Leave to appeal to the Supreme Court was granted and the appeal was admitted on the 27th November, 1951
Facts
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In the present case the Division Bench was clearly wrong in holding that the appeal was not maintainable against the order of the learned Single Judge
Precedent
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Under that Agreement the Director of M/s
Ratio of the decision
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It cannot be said in a hypertechnical manner that an order passed in a writ petition,if there is assail to the order emerging from the inferior tribunal or subordinate Court has to be treated all the time for all purposes to be u/art.227 of the Constitution of India
Precedent
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The cl.15 of the Letters Patent expressly bars appeals against orders of Single Judges passed under revisional or supervisory powers
Precedent
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The doctrines of promissory estoppel and legitimate expectation were applicable to the facts of the case
Argument
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A 'permanent' employee is one who has completed six months' satisfactory service in a clear vacancy in one or more posts whether as a probationer or otherwise, or a person whose name has been entered in the muster roll and who is given a ticket of permanent employee; (vi
Statute
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For about six months Bhimabai was treated well but thereafter the accused started asking her to bring Rs
Facts
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If he was a tenant,the High Court observed.he was a protected tenant under s.34 read with s.37 or under section 37-A of the Andhra Pradesh Act
Facts
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The fact that the gift over was a contingent bequest was by itself taken as a sure indication that the preceding bequest was that of a widow's estate
Ratio of the decision
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The State has been given liberty to realize the said amount from those authorities to whom it was wrongly paid by the previous Collector,Tulsi Gaur,under his order dated 20th
Facts
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There were numerous injuries,including incised wounds on Bhavna,none on Shashi
Facts
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The explanation given by the petitioners that they were busy in the shootings did not carry much weight with the High Court
Facts
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Paragraph 6 enables the Government to fix the maximum sale price of imported bulk.drugs specified in First and Second Schedules
Statute
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Central), Calcutta [(1972) 3 SCC 252] 1971 Indlaw SC 841
Argument
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2.Do
Facts
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For the purpose of the Suit No.553 of 1969 with which the appeal is concerned,it is relevant to state that the appellant had raised the contention that Ahmedabad Fine & Weaving Works was not the tenant of the suit premies but the suit premises was tenanted by the father of the appellant Girdharlal Chimalal in 1938 and he was the original tenant of the premises and appellant subsequently joined the business of his father as a partner and the name of the partnership firm was Ahmedabad Fine Weaving Works
Ratio of the decision
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In the trial court, prosecution examined nine witnesses including Jagdish-PW5, Mange Ram-PW6 and Dr. Prem Kumar-PW2 and Dr. HiIol Kanti Pal-PW9
Facts
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As, you know
Ratio of the decision
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Etc
Precedent
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Thus,a case of speculative assignment is specifically required to be made out
Ratio of the decision
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P.C.M.O.1 shall be destroyed after expiry of appeal time
Facts
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Dr
Precedent
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It is no doubt true that an approver has always been regarded as an infamous witness, who, on his own showing has participated in a crime or crimes and later to save his own skin, turned against his former associates and agreed to give evidence against them in the hope that he will be pardoned for the offence committed by him
Ratio of the decision
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Eagle Potteries
Argument
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Karanth expired on 9.12.1997.Yakshagana Ballet dance as developed by Dr
Facts
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the plaintiffs entitled to the declaration sought
Facts
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He has admitted that it was appellant no
Facts
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For the purposes of the law, the rupee of long ago is the same as the rupee of today, although for the purposes of the market place and cost-of living, the housewife's answer may be different
Ratio of the decision
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Jain Industries,however,was not impleaded as a party therein
Facts
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Apart from the fact that there is niggling doubt about the so called confession,in view of statement under Section 164 of the Code of P.W.22 and the statement of C.W.1,a further doubt is raised regarding such aspect in view of evidence of C.W.1 to the effect that he had seen such computer in the room of the deceased when they had gone to the room after the offence was reported
Ratio of the decision
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no.3 cannot be let without remedy
Ratio of the decision
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But in the view we take about the legal validity of the pardon tendered, we do not wish to pronounce one way or the other on this very interesting question
Ratio of the decision
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The suit,inter alia,was filed by the landlord on the ground of subletting
Facts
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31B of the Constitution
Statute
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While the application for registration was pending, the dispute between the Illom and the State of Travancore had reached a stage when the Illom had to institute a suit O. S. No
Facts
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In so far as the portion included in the bracket is concerned we agree with the learned counsel that it should not have found place there
Ratio of the decision
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Sd/-K.N.Wani INDUSTRIAL TRIBUNAL
Facts
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We make it clear that we have not expressed any opinion on the factual aspects except indicating the principles underlying legitimate expectation
Ratio of the decision
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If the said offence/charge is proved,the court has no other option but to impose sentence of imprisonment which shall be not less than six months but which may extend to five years and also liable to fine
Ratio of the decision
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Cl
Ratio of the decision
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The duty must be judged in the light of positive obligation owed by the person or authority to the affected party,no matter by what means the duty is imposed,if a positive obligation exists,mandamus cannot be denied
Precedent
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It is not the case of the Appellants that they had been working as Technical Supervisors and Clerks in respect of which service book may be maintained instead of issuance of a ticket
Ratio of the decision
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Work has been taken by the Respondent from all the Appellants except four
Facts
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While discussing the ambit and extent of property right,this Court reiterated that expropriatory legislation must be given strict construction
Precedent
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Indlaw SC 244 observed that where lower courts applied their minds properly in deciding a matter under section 13(2) of the Bombay Rent Act,the High Court could not substitute its own finding for the one reached by the courts below,on a reappraisal of evidence under section 29(2) of the Act as substituted by the Gujarat Act 18 of 1965.This Court reiterated that although the High Court had wider power than that which could be exercised under section 115 of C.P.C.,yet its revisional power could only be exercised for a limited purpose with a view to satisfying itself that the decision was according to law
Precedent
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It cannot be said that a Hindu widow can only alienate her husband's estate for payment of debts, to meet maintenance charges and for her own maintenance
Ratio of the decision
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i) any bonus other than incentive bonus; (ii) over-time earnings and any deduction or payment on account of fines; (iii) any contribution paid or payable by the employer to any pension fund or provident fund or for the benefit of the woman under any law for the time being in force; and (iv) any gratuity payable on the termination of service
Statute
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Although costs have to be paid by appellant to respondent No.2 in terms of the Court's order dated October 30,1975,yet in view of the fact that the said respondent has not chosen to appear at the hearing,of the case and Mr
Ruling by Present Court
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Estoppel is a rule of equity which has gained new dismensions in recent years
Facts
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In that case sanction was given under Section 6 of the Prevention of Corruption Act 47 for the prosecution of the appellant for having received illegal gratification from one Pal Singh
Precedent
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Another point which was specifically raised before the High Court but has not been dealt by it is the legality of the action in directing retrospective withdrawal of the benefit by a letter of the Government
Ratio of the decision
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Thereafter the notice below s.67 for the change in occupation was issued on 15.1.2000 to you
Facts
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Suffice it to note that under Patents (Amendment) Act,1999 there was only one right given to a person interested to oppose the grant of patent by filing objections at the pre-grant stage
Statute
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When the parents of the deceased came to the house of the accused and found the deceased hanging from the beam with a saree,they untied her and took her to the Government General Hospital,Guntur hoping that the deceased may be alive
Facts
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Conservator,Forest for the years 1973-74 to 1979-80 had taken place by a regularly constituted selection committee which selected 140 candidates for appointment
Argument
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In his statement u/s
Ratio of the decision
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The brief facts leading to the filing of the above appeal are as under
Facts
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But on appeal by the State of Andhra Pradesh to this Court, this Court held that there was no misjoinder of charges, that the introduction of a large number of charges, spread over a long period was a question of propriety and that it should be left to the judge or the Magistrate trying the case to adopt the course which he thought to be appropriate in the facts and circumstances of the case
Ratio of the decision
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Whenever Bhimabai came to her parental home, she used to complain that for some domestic reasons she was being harassed
Facts
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The above position was highlighted in Anter Singh v
Ratio of the decision
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In construing the concept of public purpose,the mandate of Art.13 of the Constitution that any pre-constitutional law cannot in any way take away or abridge rights conferred under Part-III must be kept in mind
Ratio of the decision
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The manufacturer may also require to be informed the elements which were taken into account and those which were excluded in assessing the 'free reserves' entering into the calculation of 'net worth
Ratio of the decision
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By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 is concerned,it is difficult to conceive how this decision could be of any help to the appellants
Argument
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Merely because the delinquent lost his job due to conviction under the Act may not be a mitigating circumstance for reduction of sentence,particularly,when the Statute prescribes minimum sentence
Ratio of the decision
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It was pointed out that all the obligations of the owners as well as of the charterers during the period the vessel was in use continued to be discharged under the Charter Party dated 6th May,1997 even after the expiry of the period of the Charter Party
Argument
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With the aforementioned observations and directions, these appeals are allowed
Ruling by Present Court
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Learned senior counsel for the appellant
Argument
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His contention is that where none of the offences is exclusively triable by the High Court or the Court of Sessions pardon could be granted only if the offences are punishable with imprisonment which could extend to ten years but not if a higher punishment were provided for them
Argument
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In Board of Control for Cricket in India and Another v. Netaji Cricket Club and Others [(2005) 4 SCC 741] 2005 Indlaw SC 1243
Precedent
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Under the disciplinary rules detailed procedure is required to be followed for removing an employee from service but Regulation 113 provides for summary discharge from service
Ratio of the decision
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1457 crores
Ratio of the decision
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Grey Street to be the absolute property of the idol and made the other declarations in favour of the idol as prayed for
Ruling by Lower Court
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In pursuance of the same,we permitted Mr
Facts
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It is no doubt true that if the delay is sufficiently explained,the same would not be a ground for quashing an order of detention under COFEPOSA,but as in this case a major part of delay remains unexplained
Ratio of the decision
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Petition dismissed
Ruling by Present Court
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P.C. that the compensation may be awarded to the victim and the sentence be modified to the period already undergone
Argument
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Even accepting that the computer had been given to P.W.15 by the accused,such circumstance by itself does not unerringly points towards the guilt of the accused either in respect of offence of murder or even robbery
Ratio of the decision
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So, it was only Injury No. 1 which was fatal in nature
Ratio of the decision
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read : "Education,included technical education,medical institution and Universities,subject to the provisions of Entries 63,64,65 and 66 of List I; vocational and technical training of labour".Thus,the State law under Entry 23 of List III would be repugnant to any law made by the Parliament under Entry 66 of List I,to the extent of inconsistency
Precedent
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In so far as the fourth point is concerned, that would have a bearing not on the form of the charge but on the credibility of the evidence bearing on the point of conspiracy
Ratio of the decision
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It will thus be seen that the appointment of the two sets of officers,viz.,the Government Counsel in the High Court with whom we are concerned,and the District Government Counsel with whom the said decision was concerned,are made by dissimilar procedures
Precedent
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We have given anxious consideration to the reasoning therein
Precedent
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The provisions of s.5 of the Act quoted above make it clear that a woman worker who expects a child is entitled to maternity benefit for a maximum period of twelve weeks which is split up into two periods viz.prenatal and post-natal
Ratio of the decision
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Nagar,(2006) 8 SCC 693 2006
Precedent
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And in this occasion I must also acknowledge with gratitude that she diligently cared and nursed my wife Leela Karanth during her prolonged illness till her last day
Facts
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Coming to the next ground of attack on the validity of pardon, the argument of Mr. Bhimasankaram is that whereas s. 337 (1) speaks of pardon being granted by a District Magistrate, or Presidency Magistrate, a Sub-Divisional Magistrate or any Magistrate of First Class, except in cases where an enquiry or trial was pending before another Magis- tratc, the pardon here was granted by the Additional District Magistrate in a case where an enquiry was pending before the District Magistrate and is, therefore, illegal and of no avail
Argument
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
Temp-I: Please read as "August/97" in place of "October/97" occurring in the 4th line of this Government order No.2/15/93 Com(Rev
Facts
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
State of Maharashtra [(2002) SCC on line,Bombay 1222],learned counsel submitted that when the Sub-Divisional Officer,Additional Collector and Additional Commissioner had concurrently recorded finding in favour of the appellant by observing that the revenue record is not in consonance with the factual aspect and they have directed to correct the revenue entries,in such a case,the second revisional authority exceeded its jurisdiction in entertaining the said application and interfering with the finding of fact
Argument
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