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No explanation has been given as to why Madan Verma has not been examined by the appellants
Ratio of the decision
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Instead of doing that what he was permitted to do was just to prove the various documents or read those documents and then depose with reference to them
Ratio of the decision
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2009 Indlaw SC 859
Precedent
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Presence of semen stain on underwear, assuming that the underwear belonged to the accused though there is no evidence adduced in this regard, is not by itself an incriminating piece of evidence connecting the accused with the crime in question
Argument
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How significant is the statement that today is tomorrows' yesterday
Precedent
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I have no objection if the petitioner is permitted to withdraw this petition with permission to file a fresh petition on this very cause of action
Facts
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it was clearly provided that the mark "Monarch" belonged to the respondent company,that Kipre and Co
Argument
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The forensic science laboratory confirmed presence of Group-B blood on the clothes of deceased
Facts
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The question has been considered by this Court in Rajinder Arora 2006 Indlaw SC 87 (supra) stating: "Admittedly,furthermore,the status report called for from the Customs Department has not been taken into consideration by the competent authorities
Precedent
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He also submitted that the High Court has not given any reason for setting aside the appeal against acquittal which was passed after appreciating the entire evidence on record
Argument
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That was a case in which the Government had taken possession of the lands and had erected certain building on the land before a decision under s. 6 of the Land Acquisition Act was made as to the appellant's property arid it was contended that the appellant should be allowed the value of the land in the state in which it then was i.e. with buildings on it
Precedent
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PW 2 also stated that she did not know the particulars of the dispute between the accused and her in-laws
Facts
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Appasaheb son of Sheshrao Palaskar about two and half years prior to the date of incident which took place on 15 September 1991
Facts
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The said Notification included the land of M/s Pootha Farm,a constituent unit of the Company
Facts
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Kay Aar Biscuits (P) Ltd.was lying closed since 1.3.93 and,therefore,the appellants have been using that logo of M/s
Argument
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No ad hoc increase to the pay of each individual workman was intended
Ratio of the decision
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It was,thus,for them to establish existence of a legal right in their favour and a corresponding legal duty in the respondents to continue to be employed
Ratio of the decision
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Third Edi-tion) Volume 37 at p.84 is.strictly the time between midnight on Saturday and the same hour on the next succeeding Saturday,but the term is also applied to any period of seven successive days
Ratio of the decision
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The High Court,by impugned judgment dated 03.10.2007 dismissed the appeal filed by the appellant-accused and confirmed the conviction passed by the trial Court
Facts
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Even under this definition "product" cannot mean anything which is attached to the land like trees
Ratio of the decision
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Hence,even if one party goes to the Commissioner in revision,the State Government can still be approached under Section 257 for revision
Ratio of the decision
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Application Nos
Facts
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As against the said order C.A.Nos.7126-29/2003
Facts
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Indlaw SC 716 wherein it was held that: " It is difficult to accept the prayer of the respondent that a lenient view be taken in this case
Precedent
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Compliance of Order XXXIX Rule 3 CPC within three days
Facts
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x 3 cm; lobe was cut and there was 3 cm punctured wound
Facts
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The matter was brought to this Court by a special leave application and this Court in Special Leave Petition (Civil
Ruling by Present Court
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The respondent had further alleged that the appellant No.1 had closed the business and he was not using the said premises for the purpose for which it was let to him
Facts
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In 1984 (4) SCC 116 Sharad Birdhichand Sarda v. State of Maharashtra 1984 Indlaw SC 432, this Court discussed the ratio of the judgments in Hanumant v. State of M.P. AIR 1952 SC 343 1952 Indlaw SC 89, Tufail (Alias) Simmi v. State of U.P
Precedent
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However, a perusal of record clearly shows that the doctor who conducted the postmortem (PW-7) stated in his evidence that there were in total 16 injuries when external examination was done by him and the knife M. O. 11 could have caused the injuries no. 1, 2, 3 and 4
Ratio of the decision
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It provides for civil or evil consequences
Ratio of the decision
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Both the appellant and the respondent No.1 were the infringers of the right of M/s
Ratio of the decision
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No appeal shall lie from any decision,order or correction made of 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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According to the learned senior counsel it was indeed not necessary for the appellant to have applied to the State Government for any further sanction to establish the college
Argument
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It appears that pending finalization of a new charter party for the period commencing 1st September,1998,certain meetings took place between the Oil Companies and the Ship Owners,including the respondent herein
Facts
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No corresponding advantage can be gained by the accused persons by following the procedure of separate trials
Ratio of the decision
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There is also credible evidence that possession of the acquired land was not handed over to the contractor till late in, March '63 though, it was handed over to and, taken over by the Appellant on 13-2-63
Ratio of the decision
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For the purpose of obtaining a permanent status, constitutional and statutory conditions precedent therefor must be fulfilled
Ratio of the decision
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On these facts and after applying its mind as spoken to by P.W. 10 Kalra the Government accorded its, sanction for prosecution of the offences punishable under Section 5(2) read with Section 5(1)(c) and 5(1)(d
Statute
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On opening the window he noticed that Mayurani was lying in a pool of blood with her face covered with a bag
Facts
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While he was posted at Surat as Deputy Engineer he was transferred to Ukai subdivision under the order of the Superintending Engineer dated 29th March,1974.Pursuant to the order of transfer he was relieved from his duties at Surat on 30th March,1974 to enable him to join at Ukai
Facts
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Charter hire rate worked out by the Committee for vessel JAG PRAJA for the period from 1st September,1998 to 31st August,1999 was communicated to the respondent
Facts
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one admeasuring 25.89 hectares (63.93 acres) in village Morchha,tehsil Puwayan in the district of Shahjahanpur
Facts
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It may be mentioned that Subba Raju used to visit Visakhapatnam twice a month and check up the account books
Facts
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All E.R. 657
Precedent
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However, the parties shall bear their own costs
Ruling by Present Court
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Renewal applications are required to be filed on the expiry of seven years
Ratio of the decision
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Act,2002,in
Statute
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another partnership deed being Exhibit-69 came to be executed among the six persons and the father of the appellant Girdharlal
Facts
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Appeal dismissed
Ruling by Present Court
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We may however add that if thereafter,any fresh facts came to light after an approval was granted by the AICTE or if the State felt that some conditions attached to the permission and required by the AICTE to be complied with,were not complied with,then the State government could always write to the AICTE,to enable the latter to take appropriate action
Ratio of the decision
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Geeta Ram [2000 (7) SCC 452 2000 Indlaw SC 408].In that case
Precedent
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He was succeeded by T. Visweswara Rao, P.W. 6, an employee of the AECO
Facts
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Furthermore, the orders of the appellate authority have been passed during pendency of this appeal
Ratio of the decision
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The result of the foregoing discussion is that Civil Appeal No.2299 of 1979 has to be dismissed in its entirety
Ratio of the decision
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u/s.48(2) of the Act up to the date of one month before filing that rectification application
Facts
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Such situations may arise when the owner of property or goods is compelled to sell his property or goods to the Government or its nominee and the price to be paid is directed by the legislature to be determined according to the statutory guidelines laid down by it
Ratio of the decision
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When she had visited her parental home on the last occasion, she had said that her husband Appasaheb had asked her to bring Rs
Facts
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The Appellants' case is that the individual and corporate Appellants other than Harshad Mehta, Ashwin Mehta and Sudhir Mehta filed applications, within the prescribed period, before the Special Court praying for their de-notifications
Facts
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20,000
Facts
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If,on the other hand,it is found that having regard to the nature of the suit it is not cognizable by the class of court to which the court belongs,the plaintiff's suit will have to be dismissed in its entirety
Ratio of the decision
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Mother of Mukhtiar Kaur got the land mutated by her own free will and Mukhtiar Kaur had no dispute about it
Facts
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The only provision relied on before us by the State Government which according to its learned senior counsel,amounted to a statutory requirement of 'approval' of the State Government,was the one contained in cl.9(7) of the Kerala University First Statute
Statute
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to be furnished
Statute
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On these grounds,the respondents contended that the suit of the petitioners is misconceived,malicious and baseless and is liable to be dismissed
Argument
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Appellants were engaged in the manufacture of biscuits classifiable under Sub-Heading 1905.11 of the Central Excise Tariff
Facts
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You are therefore requested to set out the work and get the same approved by the Engineerin- charge before starting the work
Ratio of the decision
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in the absence of pertinent information concerning the strength of their labour force,the extent of their business,the financial position for some years,the capital invested,the precise nature of the business,the position regarding reserves,dividends declared and future prospects of the company,the Tribunal found that it was unable to rely on them as comparable concerns
Facts
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All cases of this kind,where the original registration is not illegal or improper,ought to be considered as questions of common sense,to a certain extent,at any rate; and I think the applicants ought to show something approaching a sufficient or proper reason for applying to have the trade mark expunged
Ratio of the decision
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emphasis underlined
Precedent
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There were also two unaided Engineering Colleges at Mallappuram and Thiruvananthapuram
Argument
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Mr. Isaacs, the learned counsel for the respondent
Argument
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Permissibility
Ratio of the decision
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Chandra Prakash were arrested on 29.11.2003.A bloodstained knife was taken into possession
Facts
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One of such documents was offers of appointment
Ratio of the decision
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The expression "in connection with the marriage" even in common parlance and on its plain language has to be understood generally
Ratio of the decision
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For the said purpose, it is not necessary that they should be accused of commission of an offence as such
Ratio of the decision
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The High Court in its decision dated 25.11.2009 refused to interfere with the selection of the site for the construction of the jail premises on the ground that it was not required to do so unless it found the selection of the site was wholly arbitrary
Ruling by Lower Court
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Unfortunately,for the prosecution there is no evidence to show that in fact the wearing apparels containing bloodstains belonged to the accused,save and except the alleged confessional statement
Ratio of the decision
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There were other allegations also but it is unnecessary for purposes of this appeal to refer to them
Ratio of the decision
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and/or Rajendra relating to the said premises or any of them purporting to affect its rights in the said premises were invalid and inoperative in law and not binding on it, for an account of the dealings with the said premises, for a scheme of management of the debutter properties and for its worship, for discovery, receiver, injunction and costs
Facts
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Strictly speaking, the statutory requirement is for initial appraisal of the annual income by the Forest Officer
Ratio of the decision
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During the course of the attack one person from the second group was killed, as a rest of blows with an axe inflicted by the aggressors A, B and C. Two persons of the second group sustained grievous hurt as a result of lathi blows and one person sustained simple hurt
Ratio of the decision
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He came to the conclusion vide his orders that the trade name "Meghraj" was in the form of a logo printed on the wrapper of the biscuits and,therefore,the appellants were not entitled to the benefit of Notification No.1/93-CE dated 28.2.93 as amended by Notification No.59/94 dated 1.3.94.Consequently,the Adjudicating Authority called upon the appellants to pay differential duty for the period April 1994 to June 1994 amounting to Rs.3,74,948 plus short paid duty for the period April 1995 to May 1995 amounting to Rs.92,992
Facts
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Suffice it to hold that subs.(3) of S.46
Ratio of the decision
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46.Removal from register and imposition of limitations on ground of non-use.-(1
Statute
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A warning need not be in any particular form
Ratio of the decision
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Great Eastern Shipping Company Limited is engaged in the business of shipping and allied activities and owns a fleet of tanker vessels for charter,including the vessel known as JAG PRAJA
Facts
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But that was not done
Ratio of the decision
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The accusation has to be proved to hilt in a court of law
Ratio of the decision
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What is,therefore,relevant was as to whether the documents were material
Facts
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If we may anticipate ourselves, none of the nine submissions has appealed to us, save to the extent the High Court has upheld
Ratio of the decision
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Rules 26(1),26(3) and 33 of the Rules read as under: "26.Procedure to be followed by Town Planning Officer u/s.51 and under sub-s.(1) of s.52 - (1
Statute
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Anil Sabharwal (1997) 11 SCC 490 1996 Indlaw SC 4162,Ashok Hurra v
Precedent
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But,even the rule of strict construction requires that the provisions have to be read in conjunction with other relevant provisions and scheme of the Act
Ratio of the decision
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By judgment and order dated 7th July,2010 passed in Special Appeal Nos.5179-80/2010,the High Court quashed the interim order dated 17th July,1997 passed by the learned Single Judge
Facts
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be said to vitiate the charge
Ratio of the decision
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Secondly,the facts have been properly appreciated and a decision arrived at taking all material and relevant facts in mind
Ratio of the decision
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Under these circumstances,the C.R.P.is dismissed with a direction that the entry made in the Final Record of Tenancies that the petitioner was the protected tenant,for the lands in question which is spurious as found by both the Revenue Divisional Officer and the District Revenue Officer should be deleted
Ruling by Lower Court
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
During the pendency of the appeal the widow died on 14th February, 1948
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