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Provided that,in no case the number of appeals shall exceed two
Statute
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The fact must have been discovered
Ratio of the decision
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Jain Industries got the trade mark 'Field Marshal' registered under clause (7),inter alia,for Flour Mills,Centrifugal Pumps,couplings for machines,pulleys included in class 7 and valves (parts of machines).The said registration was renewed for the periods 13.5.1972 and 12.5.1979; 13.5.1979 and 12.7.1986 and 13.7.1986 and 12.7.1993.Appellant is said to have commenced its business of manufacturing and selling centrifugal pumps also under the mark 'Field Marshall
Facts
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If he dishonestly or fraudulently misappropriates or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or (d
Statute
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On a careful conspectus of the facts and the law,we are of the view that the prosecution has failed to prove the guilt of Mahesh beyond reasonable doubt
Ratio of the decision
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The said amendment was assented to by the Governor General on 5th August,1923 and came into force on 1st January,1924
Statute
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The judgment also dealt with the question as to who were the successors of Nawaz Jung
Facts
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In West Bengal Housing Board etc.v
Ratio of the decision
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Significantly,the prosecution has relied upon the evidence of PW 40 who was investigating initially
Facts
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These remarks do not throw much light on the point before us
Ratio of the decision
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It was further submitted that the alleged eye-witnesses of the occurrence were examined by the police belatedly and that the medical evidence adduced in the case does not in any manner support the ocular evidence and if at all it would not be a case of culpable homicide amounting to murder but a case of culpable homicide not amounting to murder
Argument
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On the other hand, he emphatically asserted that at the time when the possession was delivered to him on 13-2-63 there was also no crops standing on the acquired land
Ratio of the decision
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It is not shown that she alienated a single item of immovable property till the year 1945, a period of over 21 years after the death of her husband, excepting one, which she alienated in the year 1937 to raise a sum of Rs
Ratio of the decision
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Eventually he became the Head Clerk therein
Ratio of the decision
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Gupta appearing for the respondents,therefore,cannot be sustained
Ratio of the decision
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The aforesaid convictions and sentences have been maintained by the High Court and the matter is before us in these proceedings by way of special leave
Facts
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See State of U.P. & Others Vs
Ratio of the decision
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This order shall be Shahal H.Musaliar v
Facts
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The High Court, in our opinion, was right in arriving at the conclusion that the Appellants were not entitled to be regularized in service
Ratio of the decision
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A person interested in continuing to keep possession over a property and/ or a part of the amount of compensation must lay his claim before the appropriate authority at the appropriate stage
Ratio of the decision
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By referring to the material portion of section 28 of the Rents Control Act the argument made on behalf of the appellants was found by this Court to be untenable by stating thus: "We do not think that the section says or intends to say that the plea of the defendant will determine or change the forum
Ratio of the decision
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Under Rule 13(1-c) of the Orissa Estates Abolition Rules, 1952 the compensation officer may rely upon such other materials as may otherwise be ascertained by him
Facts
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iii) Recovery of underwear stained with blood and semen Strangely enough the underwear and baniyan though discovered and seized, on an information given by the accused and on his pointing out apparently on a statement recorded under Section 27 of the Evidence Act, have not been produced and exhibited in the court
Ratio of the decision
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Without entering into niceties and technicality of the subject,we venture to state the broad general difference between the two jurisdictions
Precedent
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Nos.2,4 and 5 in the name of respondent No.2,M/s
Facts
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and it was a possible view to take
Ruling by Present Court
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The appellant is a company incorporated under the Companies Act,1956 with the object of manufacture and sale of cigarettes
Facts
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No. 41 with a view to preserve it and the taxes etc
Ratio of the decision
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4,000 and separate him
Precedent
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In Lokmat Newspapers (P
Precedent
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The Bureau RC shall invite comments/recommendations on the applications referred to in sub-regulation (3) from the follow-ing,namely
Statute
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In respect of each item of this list, it would be possible to identify the leading producers who account for about 60% of the sales between them
Ratio of the decision
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Dixon, J. an Australian Jurists, in Grundt v. Great Boulder Gold Mines Prorietary Ltd., [1939] 59 CLR 641 (Aust) laid down as under: "It is often said simply that the party asserting the estoppel must have been induced to act to his detriment
Precedent
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We would,however,assume that it was obligatory on the part of the State to serve a special notice upon the appellant
Ratio of the decision
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The power u/art.142 of the Constitution is a constitutional power and hence,not restricted by statutory enactments
Precedent
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It was further contended that the amount alleged to have been received by the appellant accused is only Rs.200/-and he also lost his job after conviction by the trial court
Argument
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A reference may be made to a later decision in Sharad Birdhichand Sarda v
Precedent
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But as we perceive the public interest, it is necessary that the price of formulation should be fixed close on the heels of the fixation of bulk drug price
Ratio of the decision
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There was an award by the arbitrator holding that as this Court had left it open to decide whether Abdul Khader was a protected tenant
Facts
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Acceptance of such contention or upholding of this argument will make sub-s.(4) of S.17 totally otiose,redundant and nugatory
Precedent
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The directions were issued by the Collector to the Tahsildar to place the appellant in possession of the property as per the orders of the Deputy Collector and the Deputy Custodian of Evacuee Properties
Facts
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On' a careful consideration of the evidence both oral and documentary it is established that the Appellant who was in charge of the expansion work on the air-strip was given possession of the land acquired for that purpose on 13-2-63, that there was standing thereon, a bumper crop of Sarson, gram and Lusan on that day, that he was therefore entrusted with this crop, that he postponed giving delivery of the land to the contractor till, at any rate after the 23rd March, 1963 and before the 6th April, 1963 and that he allowed the crop to be cut and taken away without in any way accounting for it which shows that it was done dishonestly and raudulently
Ruling by Present Court
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19,000 to the appellants with interest thereon at the rate of 6 per cent
Ruling by Lower Court
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The prosecution case depends on circumstantial evidence
Facts
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The High Court has stated that a large part of the delay has been 'due to laches committed from time to time by the Officers who have been charged with the duty to calculate the compensation
Ratio of the decision
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The learned Magistrate by judgment dated 2.2.2001,held the accused guilty of offences u/ss.452 and 354 Cr
Ruling by Lower Court
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In any event,it was not the case of the plaintiff that defendant-l was a tenant of the suit properties and hc surrendered his possession of the suit properties either expressly or impliedly and the possession so obtained by the plaintiff was re-delivered to defendant-l in pursuance of the mortgages by conditional sale executed in his favour
Ratio of the decision
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This argument was rejected by the Commissioner (A) saying that the appellants were using the brand name "Meghraj" on their products
Facts
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Doctrine of "Promissory Estoppel" has been envolved by the courts, on the principles of equity, to avoid injustice
Precedent
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If the officer had no jurisdiction, the land would be gone because of the vesting provision and no compensation would be forthcoming for want of jurisdiction-a consequence the appellant never wants
Ratio of the decision
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Taking all these factors into consideration,it made an award dated 20th December,1978 prescribing the following revision in the existing scales of wages
Facts
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Ghose and Saha Surveyors to make proper demarcation in the Nalban Fishery dividing the same in two lots and thereafter carry out the directions of the Supreme Court in respect thereof has become final,the same not having been challenged by the State of West
Argument
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Bulk drugs constituting category III are enumerated in the Second Schedule
Statute
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The expressions "or any time after marriage" and "in connection with the marriage of the said parties" were introduced by the amending Act 63 of 1984 and Act 43 of 1986 with effect from 2-101985 and 19-11-1986 respectively
Ratio of the decision
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Though the Supreme Court would not pass any order u/art.142 of the Constitution which would amount to supplanting substantive law applicable or ignoring express statutory provisions dealing with the subject,at the same time these constitutional powers cannot in any way,be controlled by any statutory provisions
Precedent
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The firearm is usually fired at close range
Ratio of the decision
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The prosecution would be well, advised if, instead of placing the evidence on each and every one of those large number of charges against the respondents, it chooses to select a few charges under each head other than the head of conspiracy and concentrates on establishing those charges, this would save public time and also serve the purpose of the prosecution
Ratio of the decision
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5 (A-11) had alongwith the deceased accused A-1 and some others,about whose identity there has been some doubt,formed an unlawful assembly and in furtherance of the common object of that assembly committed the murder of Popat deceased besides causing injuries to PW9 and PW14
Ratio of the decision
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The latter category comprises of the executive officers of the Revenue Department, on whom the responsibility for the maintenance of law and order was to continue to rest
Ratio of the decision
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At that time, the appellant who was holding the knife in his hand, handed over the same to Accused No. 3 by which she assaulted PW-8 but PW-8 caught the knife in her hand which caused injury to her right palm
Facts
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March,2011 was passed in Writ Petition No.31378/1996,etc.,with observation and directions as referred to above
Facts
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M.L.J. 188, the next case cited, a Hindu testator who was a retired subordinate judge provided by his will as follows: "Out, of the aforestated ancestral lands, the oneninth share to which I am entitled shall be enjoyed after my death by my wife till her death, and after her death it shall pass to S. son of my second elder brother deceased
Precedent
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For instance,under S.23 of the Trade Marks Act registration is to be prima facie evidence of the validity of the trade mark
Ruling by Present Court
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In the very next paragraph she stated as under :- "It is not true to suggest that in my statement before the police I never said that ill-treatment was as a result of demand for money from us and its fulfillment
Facts
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Statement of Jagdish was recorded, based on which F.I.R. was registered at Police Station Taoru, Gurgaon under Sections 323, 324, 325 and 307 read with S. 34 IPC
Facts
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These judgments have broadly followed the principles laid down in the judgments referred to above and need not therefore be dealt with us in extenso
Ratio of the decision
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It would take considerable time if we were to adjourn this matter now and give an opportunity to the parties to include those documents on record
Ratio of the decision
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I regained consciousness in hospital
Facts
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P-35,requested the Court for holding trial in respect of both the chargesheets together,which application was allowed by the Designated Court vide order dated 5 December 1992 and that is how both the cases were tried together by virtue of the provisions of Section 220 (1) Cr
Facts
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It has spread everywhere
Precedent
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P. 234 said that the report seemed to be a genuine one
Facts
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1) the death of a woman should be caused by burns or fatal injury or otherwise than under normal circumstances; (2) such death should have occurred within seven years of her marriage; (3) she must have been subjected to cruelty or harassment by her husband or any relative of her husband; and (4) such cruelty or harassment should be for or in connection with demand for dowry
Precedent
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It was urged that the Efficiency Bar,as a feature of the wage scales,should be removed
Facts
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Treasury converted it to his own use; And whereas the said acts of Major Som Nath.. constituted offences punishable under Section 5(2) of the Prevention of Corruption Act, read With Section 5 (1) (c) and (d
Facts
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State of Hyderabad (AIR 1956 SC 316 1955 Indlaw SC 108); Earabhadrappa v
Ratio of the decision
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It would be open to the State Government to fix tentatively the inter se seniority in the temporary posts according to the ratio between the direct recruits and the promotees in the same manner of filling the substantive posts as indicated above
Ruling by Present Court
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The principle of lifting the corporate veil, however, ipso facto would not apply to the individuals
Ratio of the decision
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In short, s. 27 properly construed, cannot lend itself to the meaning imputed to it by the appellant
Ratio of the decision
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It accordingly decreed the suit for possession instituted by the landlord
Ruling by Lower Court
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The mental element in culpable homicide i.e. mental attitude towards the consequences of conduct is one of intention and knowledge
Statute
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iii
Ratio of the decision
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He was charged with and tried for two offences under Section 5(1) (a) of the Act for habitually accepting or obtaining illegal gratification and under Section 5(1)(d) for receiving illegal gratification from Pal Singh
Precedent
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It was further contended that as the Respondents despite direction to produce documents including the offers for appointment did not produce the same, an adverse inference should have been drawn against them by the High Court
Argument
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The Designated Court after considering the evidence of the first incident and the manner of assault on the deceased and PW-9 and PW-14,came to the conclusion that the appellants,alongwith some others had intended to create terror in a section of the people (Wadar community) and with that intention had assaulted PW-14,the deceased and PW9 by lethal weapons and were therefore guilty of committing an offence under Section 3 TADA
Ruling by Lower Court
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The decision of this Court in Shah Mathuradas case 1976 Indlaw SC 400 (supra) and G.Appalaswamy case 1984 Indlaw SC 314 (supra) sought to be relied upon by learned counsel for the appellant -plaintiff in support of his arguments that there was a merger of the leasehold right of the tenant in the suit properties when he took mortgages of those properties from the landlord as would deny him the right to continue in possession of those properties as a tenant,instead of supporting his argument would go against it,as we shall presently point out
Ratio of the decision
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The Hathi Committee noticed that 'in a country like India where general poverty and the wide disparities in levels of income between different sections existed' it was particularly important to emphasise 'the social utility of the industry and the urgent need for extending as rapidly as possible certain minimum facilities in terms of preventive and curative medicines to the large mass of people both urban and rural
Ratio of the decision
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In our view,we have already held that the High Court was entitled to interfere with the concurrent orders of the tribunals below as material evidence on record was not considered at all and non consideration of the material evidence on record is a question of law and,therefore,the High Court was entitled to interfere
Ratio of the decision
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It is further stated that he had filed a civil suit to dissolve the partnership and to take account and his suit was pending in City Civil Court
Argument
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benefit.-(1)Subject to the provisions of this Act,every woman shall be entitled to,and her employer shall be liable for,the payment of maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day
Statute
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No authority has been cited for this novel proposition, and if accepted, it would give validity to a dangerous principle which will condone all acts of deliberate and wrongful trespass because any person desparate enough to trespass on other mans' land without any claim of title can always plead that he had a bona fide intention of improving the land whether the owner of that land wants that improvement or not
Ratio of the decision
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Revised),1952 adopted by the General Conference of the International Labour Organisation which are extracted below for facility of reference:- "Art.4
Statute
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Instead of compelling the holder of a trade mark in every case to prove his proprietary right,the Act provides a procedure whereby on registration the owner gets certain facilities in the mode of proving his title
Precedent
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At the time of the institution of the suit the defendants Nos.2 to 5 were admittedly the partners
Facts
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The offence of conspiracy is an entirely independent offence and though other offences are committed in pursuance of the conspiracy the liability of the conspirators for the conspiracy itself cannot disappear
Argument
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shall,unless it is otherwise determined in such scheme,vest absolutely in the appropriate authority free from all encumbrances; (b) all rights in the original plots which have been re-constituted into final plots shall determine and the final plots shall become subject to the rights settled by the Town Planning Officer
Statute
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This is also a question which may be raised before the Government in the review application
Ratio of the decision
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Tenancy and Agricultural Lands Act,1950 being
Facts
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The appellant herein, being aggrieved by the aforesaid order of conviction and sentence, filed the present appeal on which we have heard the learned counsel appearing for the appellant and also the learned counsel appearing for the State
Facts
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It is true that where appointments had been made by a competent authority or at least some steps have been taken in that behalf,the principles of natural justice are required to be complied with,in view of the decision of this Court in Murugayya Udayar 1991 Indlaw SC 904 (supra
Ratio of the decision
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If such a combination is permissible, all persons accused of offences described in cls
Precedent
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