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The same has been made clear in paragraph
Ruling by Lower Court
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All this is not disputed
Ratio of the decision
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It was, therefore, impermissible for the State to direct regularization of the services of the employees of the cooperative societies
Precedent
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His second contention was that reference was made to a number of documents in some of these questions and those documents were not made available to the respondents for answering those questions
Argument
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The substance of the Superintending Engineer's letter dated 18th April,1974 which was admittedly served on the respondent,contained warning to the respondent,which fully met the requirement of Regulation No.113
Ratio of the decision
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A Constitution Bench of this Court in Prem Chand Garg v
Precedent
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Where the waiver is not express,it may be implied from conduct which is inconsistent with the continuance of the right,without the need for writing or for consideration moving from,or detriment to,the party who benefits by the waiver,but mere acts of indulgence will not amount to waiver; nor may a party benefit from the waiver unless he has altered his position in reliance on it
Ratio of the decision
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Furthermore,under s.99 of the Andhra Pradesh Act the bar was not against the arbitrator but against a civil court
Ratio of the decision
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The learned Tribunal found issue No.2 in the negative and issue No.5 in the affirmative
Facts
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Though the offence is gruesome and revolts the human conscience but an accused can be convicted only on legal evidence and if only a chain of circumstantial evidence has been so forged as to rule out the possibility of any other reasonable hypothesis excepting the guilt of the accused
Ratio of the decision
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State of Haryana (2000) 1 SCC 278 1999 Indlaw SC 794,M.C.Mehta v
Precedent
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PW 1 also sustained injuries in the said incident
Precedent
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Order was a legislative activity and, therefore, not subject to any principle of natural justice
Argument
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Appellant be allowed to remove them after his dispossession
Facts
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Even so, a minimal narration of the facts and a brief consideration of each argument is necessary and we proceed to do so
Ratio of the decision
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We, therefore, would direct that the confirmation of sale of those flats be considered and appropriate order thereupon may be passed by the learned Special Court while considering the matter afresh
Ratio of the decision
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The only provision as regard recruitment of the employees is contained in Order 4 which merely provides that the Manager shall within a period of six months, lay down the procedure for recruitment of employees and notify it on the notice board on which Standing Orders are exhibited and shall send copy thereof to the Labour Commissioner
Ratio of the decision
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3, 40, 000
Facts
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The matter rests purely upon the appreciation of evidence on record and does not give rise to any question of such importance as to be decided by this Court u/art.136 of the Constitution
Ratio of the decision
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2004 Indlaw SC 715 (supra), this Court observed: "A statute of limitation bars a remedy and not a right
Precedent
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Sh
Facts
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Since,the Company was in arrears to the extent of Rs.1.29 crores,the District Collector,Meerut by order dated 28th November,1984,attached all the remaining five constituent units except the Sugar Mill
Facts
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State of Haryana and another
Ruling by Lower Court
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Duty of the State to protect the life of an injured as also an endeavour on the part of the responsible police officer to reach the place of occurrence in a situation of this nature is his implicit duty and responsibility
Precedent
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We do not mean to say that under no circumstances the appellant was entitled to allotment of a portion of the property or mandatory compensation in lieu thereof from the landlord
Ratio of the decision
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There is no evidence adduced by the prosecution to hold that soon after the date of the offence the accused was found missing from his residence or the place of his employment and was not available, though searched, at the place or places where normally he ought to have been
Ratio of the decision
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The will there ran as follows
Precedent
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Lalit submits that his client is ready and willing to pay some reasonable amount to the respondent No.3 in whose favour plot No.165 has been finally allotted
Ratio of the decision
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Applying the principle of deemed equivalence we may clarify that if the SSI unit wrongly affixes a trade mark of another person,be it registered or not,or if it uses the trade mark of an ineligible person then such default would not be eliminated by the above principle of deemed equivalence embodied in S.28 of the Trade Marks Act,1999 as that principle is based on a deeming fiction which fiction is confined only to the provisions of the Trade Marks Act
Statute
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2,50,000 being the excess reserve for taxation was written back and a sum of Rs
Facts
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The 2nd respondent is a Director and/or partner of the 1st respondent and has mainly dealt with the petitioners on behalf of the 1st respondent
Facts
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The provisions of sub-s
Ratio of the decision
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We have gone through the facts in that case
Ratio of the decision
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The interpretation placed by us on the phraseology of sub-ss.(1) and (3) of s.5 of the Act appears to us to be in conformity not only with the legislative intendment but also with Paragraphs 1 and 2 of Art.4 of Convention No.103 concerning Maternity Protection Convention
Statute
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S.Naganatha
Precedent
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A Court of Law even in a case where provisions of the Indian Evidence Act apply, may presume or may not presume that if a party despite possession of the best evidence had not produced the same, it would have gone against his contentions
Precedent
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It was also contended that the 2nd respondent is an artist and a film maker and has been in the field of film making for the past 20 years
Argument
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What the Court has to see is whether the substance of its requirement has been complied with
Ratio of the decision
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It was submitted that the provision for an enquiry preceding the determination of the price of a bulk drug, the prescription in paragraph 3 cl
Argument
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Bulk drugs were divided into essential bulk drugs which were included in the schedule and bulk drugs which were not so included
Ratio of the decision
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While doing so,in our view,the High Court was justified in coming to the conclusion that the evidence and material on record would clearly establish that the appellants were not able to prove that they were the tenants in respect of the scheduled land under the respondents
Ratio of the decision
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Prem Hasmatraj Lalwani in the year 1980
Facts
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Rulemaking affects the rights of individuals in the abstract and must be applied in a further proceeding before the legal position of any particular individual will be definitely affected; adjudication operates conceretly upon individuals in their individual X X capacity
Ratio of the decision
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Even to say that such interpretation would reduce a notified person to beggary would not be accurate because the alms that he received, being his property, would stand attached
Precedent
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The legitimate substantive expectation merely permits the Court to find out if the change of policy which is the cause for defeating the legitimate expectation is irrational or perverse or one which no reasonable person could have made
Precedent
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Ltd.and another were the highest bidders
Facts
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Iyer contended that the Division Bench erred in reversing the well considered judgment of the learned Single Judge and according to him after the coming into force of the AICTE Act,1987,the statutes conferring power on the State or University to the extent they were inconsistent with the Central Act were void
Argument
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439 1999 Indlaw SC 513,referred to the decisions in Parimal Chandra Rahas case,Reserve Bank of India vs
Ratio of the decision
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If the accused was arrested at Behror there is no reason why the memo of arrest should not have been prepared at village Behror
Ratio of the decision
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For the reasons aforesaid,we hold that the State Government was not justified,in the facts of this case,to invoke the emergency provision of S.17(4) of the Act
Ruling by Present Court
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The doctrine of promissory estoppel had no application to the facts of the case at that stage
Ratio of the decision
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This rule of construction by analogy is a dangerous one to follow in construing wills differently worded and executed in different surroundings
Ratio of the decision
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Applying the guidance offered by the said illustrations and the legal principles evolved by this Court,the position will be as follows
Ratio of the decision
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Later, revision petition were filed before the High Court and G. K. Misra J., set aside the order disallowing the inclusion of the income from forests for ascertainment of compensation and directed a remand to the Compensation Officer
Facts
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Amended rules are in pari materia with Rule 26 of the Rules
Statute
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One Shri A.J.Tayeng was the Revenue Commissioner of Government of Manipur
Facts
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K.C.Rakesh,the orders of appointment are issued,such orders are not valid
Precedent
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In that case,the findings recorded by the appellate authority as affirmed by the High Court by placing reliance on the entries made in the record of rights to the effect that the appellants were not in possession of the land on the relevant date nor were they cultivating the same,were not accepted by this court
Ratio of the decision
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The aforesaid judgment and orders are under challenge in C.A.Nos.7122 of 2003,7123-7124 of 2003,7125 of 2003 and 7126-7129 of 2003
Facts
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Till date,there has not been a single determination/adjudication by any Court/Authority of any dues against the Company nor is there any claim pending before any Authority or before any Court,on date
Argument
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Whether the appellant herein and his father had sublet the premises in question in or about 1960 in terms of section 13(1)(e) of the Bombay Rents,Hotel and Lodging House Rates Control Act,1947
Ratio of the decision
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Therefore, deduction of income-tax from the gross assets is illegal and unwarranted
Ruling by Lower Court
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The said question has also not been examined by the authorities before issuing the order of detention
Precedent
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Commissioner of Hills Division
Precedent
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S.5 deals with rights over requisitioned property
Statute
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The firm started as emphasised by Mr
Ratio of the decision
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The approver who was originally an Accounts clerk with the AECO was, it may be mentioned, appointed a cashier in VESCO in 1946 at the instance of the respondent No
Argument
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But in both cases it is something in addition to or in excess of that which is ordinarily received
Precedent
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In homicidal and accidental shooting, the wound may be on any part of the body and the path of the bullet may be in any direction
Ratio of the decision
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They do not constitute substantive evidence
Precedent
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The appeals are partially accepted to the extent afore-indicated
Ruling by Present Court
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It is not sufficient to say that the detenus were not supplied the copies of the documents in time on demand but it must further be shown that the non-supply has impaired the detenu's right to make an effective and purposeful representation
Precedent
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It will also be open to the learned Judge, Special Court to pass an interim order or orders, as it may think fit and proper, in the event any occasion arises therefor
Ratio of the decision
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It is unnecessary to examine the contention whether the matter is covered by a subsequent decision or not as the facts of the present case stand on its own
Facts
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Permission to file the Special Leave Petition is granted
Ruling by Lower Court
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Accused No. 3 had then lit a kerosene lamp and brought the same in the hall
Facts
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After the 1979 Drugs (prices Control
Facts
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Blood was found by the police on the wall of the verandah and in the courtyard
Ratio of the decision
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In this group of cases we are faced with a different problem of alleged exploitation by big manufacturers of bulk drugs
Ratio of the decision
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CC set out the improvements made by the appellant on the lands which comprised of a bungalow in which the appellant was residing, a number of small houses
Facts
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Section 52 of the Act provides for certain acts which would not constitute an infringement of copyright
Ratio of the decision
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Not finding the appellant and accused no.2 in the house, Dy
Facts
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On behalf of the appellants it has been vehemently argued that M/s
Argument
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Bengal which is otherwise protected by the Supreme Court while passing the compromise decree
Ratio of the decision
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K.Veeraswami v
Precedent
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The respondent acted in an irresponsible manner in not complying with the order of transfer which led to his discharge from service in accordance with the Service Regulation
Ratio of the decision
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that is,M/s Jain Industries
Facts
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B' group is not uncommon group of blood and no effort was made to exclude the possibility that the blood of the accused belonged to the same group
Argument
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The credibility of the evidence of Anil Kumar (PW-21) was attacked by the learned counsel for the appellants,who submitted that the boy is a tutored witness,who has been influenced by the police with whom he spent a lot of time
Argument
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Several subsequent events have also been brought to our notice
Ratio of the decision
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Prabhjot Singh allegedly admitted to have supplied fake bills to units owned and controlled by Appellant on commission basis without actual supply of the goods
Facts
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On the other hand,Md
Facts
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It is not in dispute that till date of filing of the application,the appellant used the trade mark in passing off the bicycles under the trade mark of the respondent
Ratio of the decision
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Such notice shall be published in the Official Gazette and in one or more Gujarati newspapers circulated within the area of the appropriate authority and shall be pasted in prominent places at or near the areas comprised in the scheme and at the office of the Town Planning Officer
Statute
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In re Apollinaris Company's Trade-Marks,while dealing with this aspect,Kekemich,J.stated : ".....because that is a remedy given to the person aggrieved through the interposition of the Court for the benefit of the 14 (1891) 2 Ch.186 27 applicant,and if at the date of the trial he has no cause of complaint it seems to be monstrous to suppose that the Court will rectify the register at his instance when it can do him no good to rectify,and when the retention on the register can do him no harm merely because at the date of his application he may have had some grievance
Precedent
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In such situations the determination of price may acquire aquasi-judicial character
Ratio of the decision
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In any event, the retrospective withdrawal of the benefit on the basis of an executive decision is impermissible
Facts
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We have heard the learned counsel for the parties and gone through the record
Ratio of the decision
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modifying on appeal the judgment and decree passed by Mr. Justice Bose on the original side of that court
Facts
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The demand for bonus becomes an industrial claim when either or both these conditions are satisfied
Ratio of the decision
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