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LIFTING THE CORPORATE VEIL
Ratio of the decision
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These appeals are preferred by four accused against the common Judgment of the High Court of Chhattisgarh at Bilaspur,confirming the Judgment of the Additional Sessions Judge,Bemetara,District Durg,convicting the appellants u/s.302 read with Ss.34 and 120B of the Indian Penal Code [hereinafter referred to as "IPC"] and sentencing each of them to undergo imprisonment for life with a fine of Rs.1,000/-,and in default,to undergo additional rigorous imprisonment for three months
Facts
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As pointed out in the Tamil Nadu case there were enough provisions in the Central Act for consultation by the Council of the AICTE with various agencies,including the State Governments and the Universities concerned
Ratio of the decision
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3) On and After the date fixed in such notification,the preliminary scheme or the final scheme,as the case may be,shall have effect as if it were enacted in this Act
Statute
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Art.142 of the Constitution vests unfettered independent jurisdiction to pass any order in public interest to do complete justice,if exercise of such jurisdiction is not be contrary to any express provision of law
Precedent
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PW - 1 and others asked the police to take Rauji to the Hospital
Facts
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This civil appeal by special leave is directed against the Judgment and Decree dated 29th November,1977 rendered by a single Judge of the Gujarat High Court in Second Appeal No.348 of 1973,which arose out of Regular Civil Suit No.921 of 1966 filed in the Court of Joint Civil Judge,Baroda (Civil Court) by the appellant herein as plaintiff against respondents 1 and 2 herein
Facts
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With respect to the allegation that an order of forfeiture was not served on the appellant under s. 9 of the .Act, the Court observed that though the State had in its written statement contended that such an order had been passed, no order was produced in evidence and consequently it was conceded by the Government Pleader that no such order was passed
Ruling by Lower Court
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In other words,out of the 50% seats to be filled up by Government,half will be payment seats and half will be free seats
Facts
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As the appellant-accused was dealing with the transfers,the complainant (PW-1) met him on 05.11.1997 at his office to pursue about the issuance of the said transfer order
Facts
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Thus,he has no documentary evidence in respect of his claim that he came in possession of the land in dispute as a tenant under the 5th respondent and that he was cultivating the land in dispute as a tenant
Facts
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11.Alongside insertion of Section 304-B in IPC,the legislature also introduced Section 113-B of the Evidence Act,which lays down when the question as to whether a person has committed the dowry death of a woman and it is shown that soon before her death such woman had been subjected by such person to cruelty or harassment for,or in connection with,any demand for dowry,the court shall presume that such person had caused the dowry death
Precedent
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c
Ratio of the decision
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I opened four personal accounts in different banks, including the Imperial Bank of India
Facts
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The ambit and power of revision generally and in particular with respect to the provisions with which we are concerned have from time to time come up for consideration by this Court
Ratio of the decision
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III to the Code of Criminal procedure the power to grant pardon will continue to have that power and, therefore, a pardon granted by a judicial Magistrate in contravention of the Government order will not be rendered invalid
Ratio of the decision
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Appeals allowed
Ruling by Present Court
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Chief Engineer who discharged the respondent's services exercised his power under Service Regulation No.113,which runs as under: "113.The continued absence from duty or overstay,m spite of warning,to return to duty shall render the employee liable to summarily discharge from service without the necessity of proceedings under the Gujarat Electricity Board,Conduct,Discipline and Appeal Procedure
Facts
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On or about 19th of April,1972
Facts
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1= cm; (13) incised wound on ulna region of left hand on lower 1/3rd region of size 1 cm
Facts
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But before examining this essential issue we may dispose of the minor points pressed, so that the deck may be cleared for dealing with what deserves to be dealt with
Ratio of the decision
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In the aforesaid order dated October 7,19933,with reference to the Minority Educational Institutions in the State of Kerala (such as those covered by Writ Petition No.598 of 1993) it has been observed: "The system obtaining in Kerala appears to be altogether different which was unfortunately not brought to our notice on August 18,1993.There are only two private engineering colleges in the State,said to be Minority Educational Institutions
Facts
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What would have been the position if the detaining authority was apprised of the fact that Sowkath Ali had retracted his confession,is not for us to make a retrospective judgment at this distance of time
Precedent
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It also gives another meaning of the word bonus', viz:- "Increased compensation for services already rendered gratuitously or for a prescribed compensation where there is neither express or implied understanding that additional compensation may be granted
Ratio of the decision
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SC 1496 1977 Indlaw SC 282, Motilal Padampat Sugar Mills Co. Ltd. v. State of U.P., [1979] 2 SCC 409 1978 Indlaw SC 56, Union of India v. Godfrey Philips Indian Ltd., [1985] 4 SCC 369 1985 Indlaw SC 275 and Dr. Ashok Kumar Maheshwari v. State of U.P. & Another, (1998) 2 Supreme 100 1998 Indlaw SC 1376
Precedent
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It is in this connection, he says, that no legal procedure had been followed by Government for taking them into possession, which only implies that it is in respect of the items mentioned in paragraph-3
Ratio of the decision
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What is enunciated in section 111 (d) of the T.P.Act cannot be doubted is the doctrine of merger
Ratio of the decision
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It was a very cryptic information received by him regarding the death of a person residing within the jurisdiction of his police station pursuant to an incident taking place on 10.04.1988 between 8.30 p.m. to 8.45 p.m. and, therefore, it appears that there was not enough information available to him either to get a G.D. entry recorded or to get an FIR lodged
Ratio of the decision
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What sentence would meet the ends of justice would depend upon the facts and circumstances of each case and the courts must keep in mind the gravity of the offence, motive for the crime, nature of the offence and all other attendant circumstances
Precedent
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As soon as the deceased switched off the light, the appellant came from the room and started abusing Rauji
Facts
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Only because there had been large intermingling and flow of funds from Harshad Mehta and inter se within the group, the same by itself may not justify the conclusion that all of their assets were required to be sold irrespective of their individual involvement
Ratio of the decision
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The High Court was of the view that there was surfeit of evidence prior to the commencement of the Andhra Pradesh Act that Shaik Hussain was a tenant of the land
Facts
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March,2011.By the said judgment,the High Court directed the State Government to pay the Company the compensation on the basis of the compromise reached between the State Government and the tenure holder Company for acquisition of their land by Meerut Development Authority
Facts
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This evidence, however, does not assist the accused
Ratio of the decision
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C.A.Nos.6169-6171 of 2013,C.A.Nos.6172-6174 of 2013,C.A.No.7122 of 2003,C.A.Nos.7123-7124 of 2003,C.A.No.7125 of 2003 are allowed in terms of the directions as above
Ruling by Present Court
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The first contention of the appellants is clearly untenable on the very language of the will of Dwarka Nath
Ratio of the decision
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1, 2, 8 and 18 is convincing and reliable but so far as the evidence of PW-4 is concerned, the High Court has made an observation that he is not a reliable witness
Argument
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When an objection is taken at an early stage, there is time enough to rectify an error
Ruling by Lower Court
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258.On March 1,1985,the quota was increased by 50 per cent
Ratio of the decision
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Paragraph 9 empowers the Government to direct manufacturers of bulk drugs to sell bulk drugs to manufacturers of formulations
Statute
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And, we will not revaluate the considerations even if the prices are demonstrably injurious to some manufacturers or producers
Ratio of the decision
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The appeal to the Division Bench was preferred against the aforesaid order of dismissal which was registered as F.M.A.No.126 of 1970.The Division Bench dismissed the appeal by its order dated 5.7.1971.Sarkar family moved this Court in SLP (C
Facts
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Then again it would not be sufficient for the High Court to deal with the evidence in a general way
Ratio of the decision
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that amended S.117 G is consequential to the enforcement of the jurisdiction of the Appellate Board u/s.64 which results to revocation of patent
Ratio of the decision
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In M.P. Vidyut Karamchari Sangh vs. M.P. Electricity Board [(2004) 9 SCC 755], 2004 Indlaw SC 198 a three-Judge Bench of this Court held that a regulation which is not inconsistent with the provisions of the 1961 Act and the Rules, can be issued by a statutory authority
Precedent
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It was observed, "The control of prices may have effect either on maintaining or ,increasing supply of commodity or securing equitable distribution and availability at fair prices
Precedent
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it might appear that a fruit pucker gets 60% of the compensation while the owners get only If that is the law
Ratio of the decision
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Ors
Argument
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The District Forest Officer (who, incidentally, happens to be a Forest Officer under the Act, having been appointed as required thereunder) made his appraisal of the annual income and submitted to the Chief Conservator who altered the annual yield and reduced it substantially
Facts
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As a result of investigation they found that there was a total misappropriation of Rs
Facts
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On 25.11.2003,when PW-1 -Dr
Facts
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The High Court by impugned judgment dated 27th April,2001 cancelled the auction sale and allowed the writ petition
Facts
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239 would apply
Ruling by Lower Court
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Ex.P-6 is the statement leading to recovery of Travel bags (M.Os.2 & 3),knife (.M.0.5),wooden log (M.0.28),rubber gloves (M.0.29 series) cotton rope with human hair (MN.O.30 series),two sponges soaked with blood (M.0.31 series),bloodstained blue clolour jean pant (M.0.32),bloodstained white banian (M.0.33),colour banian (M.0.34),bloodstained grey colour pant (M.0.35),bloodstained pillow (M.0.36),plastic bucket (M.0.37) from the house of P.W.3.Ex-P-8 is the statement leading to recovery of computer and its accessories (M.Os.6 to 17) from the house of P.W.15,a classmate of the accused
Facts
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The said Court by an order and judgment dated 23.3.2004 dismissed the appeal by holding that there was no infirmity in the order passed by the trial Court (Annexure P-2
Ruling by Lower Court
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He was informed that the deceased had died as a result of stab injuries received and, therefore, he was to take necessary steps
Facts
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Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have the qualifications specified in Sub-s.(2
Statute
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Emperor (AIR 1947 PC 67 1946 Indlaw PC 23).It is worthwhile to extract such quoted observation: "It is fallacious to treat the 'fact discovered' within the section as equivalent to the object produced; the fact discovered embraces the place from which the object is produced and the knowledge of the accused as to this and the information given must relate distinctly to this fact
Precedent
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He went around the house and saw blood marks on the walls of the verandah and also in the courtyard and came to learn about the incident by using torch light
Ratio of the decision
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It was directed: "In case, all adult members of the family of late Shri Harshad Metha, who are presently occupying the abovereferred flats, file an undertaking in this Court within a period of four weeks from today undertaking to vacate the flat occupied by them and hand over peaceful possession thereof to the custodian within a period of four weeks from the date on which the custodian sends them communication asking them to vacate the flats, on sale of the flats being sanctioned by the Court
Facts
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The question is having held that Rule 44I to be invalid,whether we can permit the continuation of the ban on sale of non-iodised salt for human consumption for any period
Precedent
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Having recorded the aforesaid facts in the FIR, PW14 Inspector Harjinder Pal Singh reached the place of incident and lifted one spent 12 bore cartridge case (Shaktiman make) from near Mukhtiar Kaur's dead body and one DBBL gun from the place where Ujjagar Singh appeared to have been shot and another spent cartridge case was recovered from the right barrel of the gun
Facts
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Sudarshan Sharad Purohit (2005) 13 SCC 410 2004 Indlaw SC 2040,Durga Prasanna Tripathy v
Precedent
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307 IPC, it is not essential that fatal injury capable of causing death should have been caused
Ratio of the decision
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He had jurisdiction to do so
Ratio of the decision
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When an information is received by an officer in charge of a police station, he in terms of the provisions of the Code was expected to reach the place of occurrence as early as possible
Precedent
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In Bhagat Ram v
Precedent
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A note at the end of the proforma requires the exclusion from cost certain items of expenses, such as, bonus in excess of statutory minimum, bad debts and provisions, donations and charities, loss/gain on sale of assets, brokerage and commission, expenses not recognised by income tax authorities and adjustments relating to previous years
Statute
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1,000-1,200 from her parents to meet the household expenses and also for purchasing manure
Facts
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It was only on 31st December,1998 when the IOC issued a fax to the respondent,enclosing draft letter regarding charter party agreement to be signed between the charterers and owners (with minor modification,if necessary),requesting the respondent to sign as per proposal by the 4th January,1999,on which date the respondent expressed its disinclination,stating in reply fax that as per usual practice,pending finalization of new charter,the existing terms and conditions of the charter party continue to apply
Facts
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S has died
Ratio of the decision
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The above show cause notices were issued by the Department demanding 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.The said demand was based on an agreement detected by the Department
Facts
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In the following two situations judicial review will not normally be appropriate even though the body may be performing a public function: (a) Where some other branch of the law more appropriately governs the dispute between the parties
Ratio of the decision
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We are constrained to note that instead of utilizing the opportunity granted to him for filing written submissions the respondent has misused adjournments for the purposes of raising frivolous objections for getting the case transferred to some other Bench
Ratio of the decision
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PW10 narrated the incident of the video parlour to those persons and in the meantime the accused party arrived there in a jeep and two auto-rickshaws and started assaulting the complainant party
Facts
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In the case of subordinate 'legislation, it may happen that Parliament may itself provide for a notice and for a hearing-there are several instances of the legislature requiring the subordinate legislating authority to give public notice and a public hearing before say, for example, levying a municipal rate--,in which case the substantial non-observance of the statutorily prescribed mode of observing natural justice may have the effect of invalidating the subordinate legislation
Ratio of the decision
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Let it be done within two weeks
Facts
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Their Workmen, (1952) 2 L.L.J. 625; and Famous Cine Laboratory v. Their Workmen, (1953) 1 L.L.J. 466; and in the latter case it deprecated the idea of adjudicators importing considerations of social justice which were not comprised in that formula :- "And what is social justice
Precedent
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In such a situation,it is considered a safe rule of prudence to generally look for corroboration of the sworn testimony of witness in Court as to the identity of the accused who are strangers to them,in the form of earlier identification proceeding,as observed by this Court in Budhsen's case 1970 Indlaw SC 136 (supra
Ratio of the decision
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It depends very much on the facts and the recognised general principles of administrative law applicable to such facts and the concept of legitimate expectation which is the latest recruit to a long list of concepts fashioned by the Courts for the review of administrative action must be restricted to the general legal limitations applicable and binding the manner of the future exercise of administrative power in a particular case
Ratio of the decision
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Promod Kumar Mittal (1996) 8 SCC 90 1996 Indlaw SC 2663,Anita Sabharwal v
Precedent
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The provision for 'such enquiry as it thinks fit' is generally an enabling provision, intended to facilitate the subordinate legislating body to obtain relevant information from all and whatever source and not intended to vest any right in any one other than the subordinate-legislating body
Ratio of the decision
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Bajrang (PW-14) was taken to the hospital by Waman PW-15,Ramesh PW-11 and Prakash PW-2,whereas Popat deceased who was seriously injured and had fallen down unconscious after receipt of the injuries was removed to the hospital by the police when it arrived at the spot a little later
Facts
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the period of one month immediately preceding the period of six weeks,before the date of her expected delivery; (b
Statute
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On the other hand,if any amount is found payable by the Company,the Competent authority may recover the amount,in accordance with law
Ruling by Present Court
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In Anjana Kishore v
Precedent
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On the aforementioned allegations,an order of detention was issued on 5.4.2005.Appellant moved for issuance of a writ of Habeas Corpus before the High Court of Judicature of Punjab and Haryana
Facts
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In most cases, they are the sale manufacturers of the bulk drug and even if they are not the sole manufacturers, they belong to the very select few who manufacture the bulk drug
Ratio of the decision
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It is this testimony which has been relied upon by the Trial Court as also by the High Court as the evidence of 'last seen together
Ratio of the decision
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the IOC faxed to the respondent relevant portion of the message received by them from Oil Co-ordination Committee,extending the period of usage of the existing coastal tanker fleet for the month of October,1998,at 80% charter hire rates,prevailing till 30th June,1998,on provisional basis,subject to adjustment of provisional charter hire with retrospective date from 1st September,1998 against the revised charter hire,to be finalised by the Oil Industry in response to the tender floated by IOC on 1st September,1998.Respondent s consent was asked for
Facts
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We direct the Custodian to permit the Appellants to have inspection of all the documents in his power or possession in the premises of the Special Court in the presence of an officer of the court
Ratio of the decision
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Subsequently,the Company was acquired by the State on 28th October,1984
Facts
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So long as the method prescribed and adopted by the subordinate legislating body is not arbitrary and opposed to the principal statutory provisions, it cannot be legitimately questioned
Ratio of the decision
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All that the Government may do is to dispose of the review application with the utmost expedition
Ratio of the decision
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On that basis,the Division Bench of the High Court dismissed the writ appeal
Facts
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115 crores (even after deducting the amount set aside by ITAT
Ratio of the decision
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the Act also provides for appeal, second appeal and revision, the last being to the High Court and the earlier ones being to the Collector and a Board constituted under s. 22
Statute
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Writ Petition No.16451 of 1999 before the High Court of Judicature at Allahabad challenging the sale proclamation dated 28th March,1992,order dated 30th May,1992 passed by Sub-Divisional Magistrate,Meerut confirming the sale of the properties owned by the Company and the order dated 5th April,1999 passed by the Commissioner,Meerut Division,Meerut whereby the objections filed by the Company under Rule 285-1 of the Rules framed under U.P.Zamindari Abolition and Land Reforms Act (hereinafter referred to as the "Land Reforms Act") was rejected
Facts
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the performance of a literary,dramatic or musical work by an amateur club or society,if the performance is given to a non-paying audience,or for the benefit of a religious institution
Statute
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1995) 2 SCC 7 1995 Indlaw SC 329,Kanchan Devi v
Precedent
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