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May,2003 the Arbitral Tribunal came to the conclusion that the appellant having invoked the arbitration clause contained in charter party agreement dated 6th May,1997,which was valid upto 31st August,1998
Facts
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The 1961 Act provides for classification of employees in five categories
Ratio of the decision
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Amounts which were misappropriated used to find their way in this account
Facts
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If that be the position,there can be no bar for the defendants to claim the right to continue in possession of the suit properties as tenants under the BT
Ratio of the decision
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O.P.Swarnakar (2003) 2 SCC 721 2002 Indlaw SC 1562
Precedent
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Thereafter,the appellant filed Letters Patent Appeal,which was also dismissed by the Division Bench holding that when the State Minister for Revenue entertained the matter,he was possessed of jurisdiction under Section 257 of the Maharashtra Land Revenue Code and,therefore,the order passed by him under the said authority is within his jurisdiction,power and competence
Facts
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He also reaffirmed the proposition that price fixation was in the nature of a legislative measure and could not give rise to a complaint that natural justice was not observed
Precedent
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As regards the question whether there could be any property in a trade mark,the learned Judge further observed (on the same page) as follows: "Again,turning to S.54 of the Specific Relief Act,which deals with cases when a perpetual injunction may be granted the Explanation to that section lays down that for the purpose of that section a trade mark is property
Ruling by Present Court
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SC 240 1961 Indlaw SC 171 that Section 423(1)(b)(i) of Code of Criminal Procedure, 1898 (which corresponds to Section 386(b)(i) of Code of Criminal Procedure, 1973) is clearly confined to cases of appeals preferred against orders of conviction and sentence, the powers conferred by this clause cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved
Precedent
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emphasis supplied by us
Statute
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need be given under s. 9 of the Act and, therefore no compensation or damages were payable in respect thereof
Ruling by Lower Court
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Act,1974
Facts
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the grand total of the admitted liability, thus, comes to Rs
Ruling by Lower Court
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There was no other person
Argument
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Thus he points out that where several persons are accused of more offences than one of the same kind committed by them jointly within a period of 12 months, the number of offences for which they could be tried cannot exceed three
Statute
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The rest of the sections are (if formal character and not material for our purposes
Statute
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State of Punjab (AIR 1954 SC 621 1954 Indlaw SC 188),it was laid down that where the case depends upon the conclusion drawn from circumstances the cumulative effect of the circumstances must be such as to negative the innocence of the accused and bring the offences home beyond any reasonable doubt
Precedent
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human semen was detected on underwear
Facts
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Anna Shety Band Patte,Mukesh,Ramesh and Prakash Band Patte had gone to the Vrindavan video parlour for watching a movie
Facts
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The person in whose name the trade mark has been registered may take action against any person for passing off the goods as that of the registered owner
Ratio of the decision
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S.2(xviii) defines "proprietary jagir" as meaning a jagir in respect of which the jagirdar under the terms of a grant or agreement or by custom or usage is entitled to any rights or interest in the soil
Statute
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The trade mark for which registration is obtained is used intermittently
Precedent
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As per the ratio,the promotees are entitled to 33 1/3,per cent quota
Ratio of the decision
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We have used the term keeping in view the provisions of 1963 Rules
Ratio of the decision
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While clause (1) is in relation to the mode of expression, clause (2) lays down the ways in which the order is to be authenticated
Ratio of the decision
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Ultimately it depends upon the conduct of the delinquent and the proof regarding demand and acceptance established by the prosecution
Ratio of the decision
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hereinafter referred to as the 'Act').It was held that the order was passed in exercise of power of superintendence u/art.227 of the Constitution of India,1950 (in short the 'Constitution') against which the Letters Patent Appeal is not maintainable
Facts
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It was,therefore,not a case of getting the trade mark registered under the Predecessor Act and continuing under the Act for trafficking of the trade mark
Ratio of the decision
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Reference may be made to the decision in the case of Archi Appalareddi and another v
Precedent
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As regards liabilities of Harshad Mehta, the Appellants contended that since his expiry in the year 2001 his legal interests are not being defended both in the court as well as before the revenue, as a result, liabilities have been foisted upon him a large part which is on account of interest and penalties
Argument
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And whereas the Central Govt
Facts
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It was held that an alteration of the Appellant's conviction' under Section 409 I.P.C. into one of abetment thereof would imply a definite finding against the subordinate Judge who is not before the Court and as such it would be unfair to make such an alteration
Precedent
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At this stage,it will be appropriate for us to examine as to what are the ingredients of an offence punishable under Section 304B of the IPC
Ratio of the decision
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In that case,taking note of the fact that the occurrence took place nearly seven years back and also of the fact that the appellant had suffered custody for more than six months,considering all these aspects,while maintaining the conviction,this Court reduced the sentence to the period already undergone
Ratio of the decision
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S.211 of the Code relates to the contents of the charge
Statute
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The object of the Notification is to grant benefits only to those industries which otherwise do not have the advantage of a brand name
Precedent
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The Conciliation Board by a majority decision repelled the contention of the appellant and awarded the payment of bonus at annas 4 per rupee
Facts
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Paragraph 27 enables any person aggrieved by any notification or order under paragraphs 3, 4, 5, 6, 7, 9, 12, 13, 14, 15 or 16 to apply to the Government for a review of the notification or order within fifteen days of the date of the publication of the notification in the official Gazette, or, as the case may be, the receipt of the order by him
Statute
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To prove this fact,he relied upon the entries in the R.T.C.extract for the years 1968 to 1974 wherein his name is shown as the person in cultivation of the land in dispute
Facts
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i.e.22.9.61.The terms and conditions
Ratio of the decision
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For the purpose of preparing the preliminary scheme and final scheme the Town Planning Officer shall give notice in Form H of the date on which he will commence his duties and shall state the time,as provided in Rule 37 within which the owner of any property or right which is injuriously affected by the making of a Town Planning Scheme shall be entitled u/s.82 to make a claim before him
Statute
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In the fight, the accused persons started inflicting injuries to the complainant, and his sons Rajbir
Facts
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It is true that the burden flies on the registered proprietor of the trade mark to establish the exceptions provided under S.46(3).Equally,the applicant for rectification also prima facie shows non-user for the relevant period
Precedent
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Delux Films & ors.[(1978
Precedent
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of Tamil Nadu & Ors., on 27.1.1984 and in C.A
Argument
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A person may waive a right either expressly or by necessary implication
Ratio of the decision
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He contended that the IPAB failed to apply proper legal tests for determining 'goods of the same description' and had that been done it would be evident that 'computer software' amounts to 'goods of the same description' as 'computer hardware'.In this regard,he relied upon M/s
Argument
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There the learned judges have held thus: "These clauses are mutually exclusive and they cannot be simultaneously applied and to construe them as supplementing each other would be enlarging the scope of the exceptions
Precedent
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This decision therefore goes against the contention of the learned counsel but he placed reliance on the observations made in the judgment when the learned Judge proceeded to say: "In deference to the view taken in Maharaja of Kolhapur v. sundaram Iyer (1925) I.L.R. 48 Mad
Ratio of the decision
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He died in the year 1939 and was succeeded by R.K.N.G. Raju, an Advocate of Rajahmundry
Facts
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41 of 1999, 4 of 2001, 265, 266 and 275 of 2003
Facts
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We,accordingly,allow the appeal,set aside the order of the Single Judge as well as Division Bench and dismiss the respondent's petition
Ruling by Present Court
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A detailed and emphatic criticism of the useless formality theory has been made much earlier in Natural Justice,Substance or Shadow by Prof.D.H.Clark of Canada (1975 PL,27 63) contending that Malloch and Glynn were wrongly decided
Precedent
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As a consequence of the,abolition of jagirs under s.3 all Jagir villages became unalienated villages and,therefore,under s.4 it has been provided that all Jagir villages shall be liable to the payment of land revenue in accordance with the provisions of the Code and the Rules made thereunder and the provisions of the Code and the Rules relating to unalienated land shall apply to such villages
Statute
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In exercise of supervisory jurisdiction,the High Court may not only quash or set aside the impugned proceedings,judgment or order but it may also make such directions as the facts and circumstances of the case may warrant,maybe,by way of guiding the inferior court or tribunal as to the manner in which it would now proceed further or afresh as commended to or guided by the High Court
Precedent
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Dr
Facts
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In our view,the principle of sub silentio is clearly attracted in the present case
Ratio of the decision
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and he was medically examined
Ratio of the decision
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Harish Salve,the learned Senior Counsel for the State of West Bengal
Argument
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Therefore, even if the expression "'same transaction" alone had been used in s. 235(1) it would have meant a transaction consisting either of a single act or of a series of connec- ted acts
Ratio of the decision
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a conviction would be valid even if there is any omission or irregularity in the charge,provided it did not occasion a failure of justice
Precedent
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All these persons can be jointly tried for offences under s. 147 by recourse to cl
Ratio of the decision
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Otherwise, a resourceful litigant having vested interest in contract, licences, etc. can successfully indulge in getting welfare activities mandated by directing principles thwarted to further his own interest
Ratio of the decision
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Section 9-A, which was inserted by Act 24 of 1994 with effect from 25th January, 1994, confers all such jurisdiction, powers and authority as were exercisable, immediately before such commencement by any Civil Court in relation to the matter specified therein
Statute
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In that view of the matter it cannot be said that the FIR was in any manner hit by the provisions of S. 162 of CrPC
Ratio of the decision
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He had sought to establish his rights which must be found within the four corners of the Andhra Pradesh Act along with other documents because u/s.40(4) of the Andhra Pradesh Act the interest of a protected tenant in the land held by him as a protected tenant formed 60%.The rights of the protected tenants have been defined in the Andhra Pradesh Act and relevant provisions of that Act namely,sections 34,37,37A and 40 in conjunction with the definition under s.2(r) have to be taken into consideration in the background of the facts and circumstances of the case
Argument
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These eye-witnesses have stated that the incident had happened initially in the hall where there was some light for Accused No. 3 has brought a lamp to the hall and apart from that another lamp was also burning which was attached to the ceiling
Ratio of the decision
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A certificate u/art
Facts
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They came back after a short while hearing the cries of PW 1
Precedent
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When the witnesses are contradicted by their previous statements in the manner aforesaid, then that part of the statements which has been put to the witness will be considered along with the evidence to assess the worth of the witness in determining his veracity
Ratio of the decision
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None of my representatives heirs, successors, executors, administrators or assigns shall have any manner of interest in or right to the said two debutter properties and no one shall ever be competent to give away or effect sale, mortgage or in respect of the said two properties nor shall the said two properties, be sold on account of the debts of any one
Ratio of the decision
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Before deciding to act under S.4 (1),it is mandatory on the part of the Court to call for a report from the probation officer and if such a report is received,it is mandatory on the part of the Court to consider the report
Precedent
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Notwithstanding anything contained in the Code and any other law for the time being in force, the Special Court may make such order as it may deem fit directing the Custodian for the disposal of the property under attachment
Statute
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If it is left out of account, he contends, there is nothing left in the prose- cution case, because, as pointed out by the Additional Sessions judge himself the evidence of the approver is the pivot of the prosecution case
Ratio of the decision
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The substantial question to decide in the appeal is whether the estate granted by the testator to his widow was a fall woman's estate under Hindu law or merely a limited life estate in the English sense of that expression
Ratio of the decision
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According to the Appellants, the Custodian has under-estimated the assets and exaggerated and overstated their liabilities
Argument
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acquisition of land for Sirsa Airfield
Ratio of the decision
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It would be seen that both the Sessions Court and the High Court were appalled by the allegations and findings of incestuous rape and murder
Ratio of the decision
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In our opinion,therefore,the contention of learned counsel for the respondent authorities is not well founded and cannot be upheld that once a case is covered by sub-ss.(1) or (2) of S.17 of the Act,sub-s.(4) of S.17 would necessarily apply and there is no question of holding inquiry or hearing objections under Section 5-A of the Act
Precedent
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Firm of Mohanlal Nathubhai and Others,AIR 1969 Gujarat 110 1967 Indlaw GUJ 57,upon which the High Court had placed great reliance in the judgment under appeal
Precedent
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The case for the Union of India was presented to us ably by Shri G. Ramaswami, the learned Additional Solicitor General and the manufacturers were represented equally ably by Shri Anil Diwan
Facts
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In K.C.Joshi case' it was concluded that the promotees were appointed on ad hoc basis as a stop-gap arrangement in 7ubstantive posts
Precedent
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The aforesaid eye-witnesses, although, are related witnesses, were natural witnesses for they were the inmates of the house where the incident had taken place
Ratio of the decision
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The accused has not stated during his statement under Section 313 Cr
Ratio of the decision
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The trial court found the respondent guilty and recorded conviction and imposed sentence as aforestated
Facts
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The respondents preferred appeals before the High Court challenging their convictions and sentences
Facts
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Krishnoji Bhaurao Hundre (Dead
Argument
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Deputy Secretary to the Govt
Facts
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The suit serial was produced by the respondents as agents of the petitioners was false
Facts
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P. 24 that actual possession was delivered to the Appellant on 13th February '63 as per the delivery receipt executed by him, the Tehsildar and P.W.11, a representative of the Military Estate office and that even according to his letter already referred to Ex
Ratio of the decision
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Notice only on quantum of sentence-hearing on all aspects
Facts
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express restriction against alienation, the estate taken by S. (the niece) was an estate such as a woman ordinarily acquires by inheritance under the Hindu law which she holds in a completely representative character but is unable to alienate except in case of legal necessity and that such a construction was in accordance with the ordinary notions that a Hindu has in regard to devolution of his property
Precedent
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The Court would not lend assistance to such registered proprietors of the trade mark
Ratio of the decision
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We are afraid,this is hardly an objection about maintainability
Ratio of the decision
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Decree of divorce has been granted to put quietus to all litigations between the parties and to save them from further agony,as it is evident from the judgments in Romesh Chander v
Precedent
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It is also clear and established that thereafter a lamp was brought by Accused No. 3 to the room besides another lamp which was already burning in the said room itself
Ratio of the decision
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The arbitrator therefore,exceeded his jurisdiction and the High Court was in error
Ratio of the decision
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On the other hand,on behalf of respondent no.3,it has been urged that on 19.10.06 it had filed an appeal in the High Court under unamended S.116 of the parent Act; that,even though S.25 stood restructured w.e.f.1.1.05 on account of absence of notification bringing the amended law into force,Ss.116 and 117A (as amended) providing appeal to the Appellate Board came into force only with effect from 2.4.07 and,therefore,according to the said respondent,its first appeal being FAO No.293/06 continued to be governed by the law as it stood on 19.10.06 (on which date appeal to the High Court was maintainable); that,on 23.8.06 the "pre-grant opposition",filed by respondent no.3,stood rejected
Argument
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The custodian shall permit the members of family of late Shri Harshad Mehta to occupy the flats during the time that the process of the sale of the flats goes on
Facts
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Chandrachud, J. speaking for the court approved the observation of Beg, CJ
Precedent
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