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The order of detention was passed on 5.4.2005
Facts
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e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step,having regard to the matter published as mentioned in cl.(b) or having regard to what was used in India before the priority date of the claim; (h) that the patentee has failed to disclose to the Controller the information required by S.8 or has furnished the information which in any material particular was false to his knowledge; (i) that in the case of a patent granted on convention application,the application for patent was not made within twelve months from the date of the first application for protection for the invention made in a convention country or in India by the patentee or a person from whom he derives title; (j) that the complete specification does not disclose or wrongly mentions the source and geographical origin of biological material used for the invention; (k) that the invention so far as claimed in any claim of the complete specification was anticipated
Statute
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The meaning of public purpose in acquisition of land must be judged on the touchstone of this expanded view of Part-III rights
Ratio of the decision
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However,in the facts of the conflicting claims,the Appellant made grievance to the Deputy Collector and the Deputy Custodian of Evacuee Properties in respect of the Mutation made in favour of the Respondent Gulabai and other Respondents and,therefore,by order dated 18.9.1984 the Deputy Collector and Deputy Custodian of Evacuee Properties,Pune,directed the Sub-Divisional Officer,Haveli Sub Division to take up the case in revision under Section 257 of Maharashtra Land Revenue Code and pass necessary orders
Facts
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Subsequently on the basis of the order of the High Court,such investigation was completed by P.W.42.The accused is stated to have been arrested on suspicion on 26.4.2003.On the basis of the statement of the accused,prosecution discovered many materials including a knife and a log allegedly used for killing
Facts
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The Civil Court notwithstanding the defence of the defendants taken in their written statements that the suit had to be stayed for obtaining the finding on their claim of tenancy under the BT & AL Act,framed the issues in the suit on the basis of the pleadings of the parties and after trial recorded its findings thereon
Facts
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Ltd.by the respondents pursuant to letters dated 14 December 1984 and 15 November 1985 and had received royalty for the video rights and the original U-matic cassettes were returned to them by Esquire Distributing & Servicing Pvt
Ratio of the decision
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The plaintiff shall comply with the requirements of Order 39 Rule 4 of the Code of Civil Procedure
Facts
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An agreement,called the Time Charter Party in legal parlance,was entered into between the appellant and the respondent on 6th May,1997 for letting on hire vessels for a period of two years from 22nd September,1996 to 30th June,1997 and from 1st July,1997 to 30th June,1998,on the terms and conditions set out in the said agreement
Facts
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Considering the entire scheme of the Code,and the provisions contained in Sections 257 and 259,we are of the definite opinion that the Minister concerned of the State Government can entertain second revision to satisfy the legality and propriety of the order passed by the Revenue Officer
Ruling by Present Court
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Even according to the statement of the subsequent investigating officer (PW 42),several blank papers with the signature of PW 22 and CW 1 had been by PW 40 and such documents had been used to create false records to implicate PWs 1 to 4.It is to be noted that PW 2 himself was one of the suspected person at the initial stage of investigation
Facts
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Reliance for the respondent was placed upon the subsequent report of the Syndicate dated 7.8.97.This report no doubt pointed out that the appellant had not complied with certain conditions mentioned in the approval dated 30.4.95 granted by the AICTE.Assuming certain fresh facts had come to the notice of the University,it could only place the said facts before the AICTE
Ratio of the decision
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A mention may be made of the fact that in June, 1952 the VESCO undertaking was acquired by the Government under the provisions of the "'Electricity Undertaking Acquisition Act" but nothing turns on it
Facts
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In this letter he says: - "12th Feb. 1963
Ratio of the decision
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3) SCC 267,and M.M.R.Khan vs
Ratio of the decision
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The mere fact that another is allowed to use the premises while the lessee retains the legal possession is not enough to create a sub-lease
Precedent
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The aforesaid articles had been carried to the Laboratory by Constable Gopal Singh who in his affidavit dated 17th March 2003 deposed that he had first taken the articles to the laboratory on 9th December 2002 but they had been returned by the Director on the ground that the seals affixed thereon were not of the requisite number and that after removing the objections raised by the Director, the articles aforesaid had been returned to the laboratory on 18th December 2002
Ratio of the decision
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According to Harish Chand Sharma, the accused was arrested on 3.4.1991 (vide Exbt
Ratio of the decision
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We have heard learned counsel for the parties at length on the merits of the case
Precedent
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The several columns of the Form provide for various particulars to be furnished and item 18 requires the applicant to furnish ,"the cost of production of the bulk drug as per proforma (attached) duly certified by a practising Cost/Chartered Accountant
Statute
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01 January 1985.The petitioners though not required to do so,made an ex gratia payment to respondent Nos.1 to 4 of a portion of the royalty received by them from the said M/s Esquire Distributing and Servicing Pvt.Ltd
Facts
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Nos.17/7 and 17/8.He was,therefore,in his own right entitled to final allotment of some plot
Ratio of the decision
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as distinguished from the power under the proviso to s. 337 (1) can be conferred upon an Additional District Magistrate
Ratio of the decision
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As has been held in the case of Surya Devi Rai (supra) a writ of certiorari can be issued u/art.226 of the Constitution against an order of a Tribunal or an order passed by the sub ordinate court
Precedent
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After this F.I.R. certain statements were recorded by the Military authorities being DA to DE,DM, DM/ 1, DN & DL of Mani gain, Mulkh, Raj, Ganpat Ram, Telu Ram, Kewal Chand and Sukhchain Lal Jain
Facts
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He has filed an affidavit enclosing the registration certificate dated 30.6.2000
Ratio of the decision
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Now, supposing in the illustration given A killed the man and B killed his wife
Ratio of the decision
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The Special Court can, for this purpose, examine whether there is any fraud, collusion or miscarriage of justice in assessment proceedings
Precedent
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no.3.We are informed that there are hardly one or two matters of this nature which are pending
Ratio of the decision
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The Compensation Officer passed an order adverse to the appellant, where upon he filed an appeal to the Collector which was rejected
Facts
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In the absence of any such words,a person buying any of these goods on reading the label would naturally believe that what he was buying was the property of Kipre and Co.which was selling its goods under the mark "Monarch
Ratio of the decision
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Accordingly,the contention raised on behalf of the appellant against retrospectivity of the wage scales must be rejected
Ratio of the decision
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State of Haryana,(2009) 12 SCC 727 2009 Indlaw SC 682,this Court,while reiterating the above principles has concluded that Art.142 cannot be exercised to negate the statutory provisions
Precedent
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The power to identify,it may be kept in view,varies according to the power of observation and memory of the person identifying and each case depends on its own facts,but there are two factors which seem to be of basic importance in the evaluation of identification
Precedent
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But such acquisition can be made only by strictly following the mandate of the said Act
Ratio of the decision
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In the absence of any prohibition in the Code, express or implied, I am of opinion that it is open to a police officer to make preliminary enquiries before registering an offence and making a full scale investigation into it
Precedent
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On his return, he went to take bath and after having bath, he went and switched off the light of the room
Facts
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That apart,materials on record such as the statement of P.W.22 recorded under Section 164 of the Code of Criminal Procedure,1973
Ratio of the decision
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Since the second respondent deliberately suppressed the crucial and important fact,we disapprove strongly and particularly,the conduct of the second respondent and by reason of such conduct,the second respondent disentitled himself from getting any relief or assistance from this Court
Ratio of the decision
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K.N.Bhat has assisted the Court as amicus curiae,we direct the appellant to pay Rs.1,000/-to Mr
Ruling by Present Court
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He shall be released from custody forthwith if not required in any other case
Ratio of the decision
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It is to be noted that no privilege was claimed from production of the file as the files were produced before the High Court and in fact the High Court referred to the materials on the files to affirm State's action
Ratio of the decision
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e)Whether the registered trade mark is disentitled for protection in a Court of Law under Section 11(e) of the Trade and Merchandise Marks Act
Facts
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Mr. Goburdhan has also cited Mahmood v. State of U.P. (1976) 1 SCC 542 1975 Indlaw SC 643, Shankarlal Gyarasilal Dixit v. State of Maharashtra (1981) 2 SCC 35 1980 Indlaw SC 47, Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 1984 Indlaw SC 432, Omwati (Smt) and Ors
Ratio of the decision
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Concededly, the Respondent Authority before making any appointment neither intimated the Employment Exchange about the existing vacancies, if any, nor issued any advertisement in relation thereto
Ratio of the decision
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S.S.Oberoi as the producer of the serial and the petitioners did not withhold payments
Ratio of the decision
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this section was not brought into force till 2.4.2007
Statute
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But, on the other hand, she would have certain rights as a Hindu widow; for example, she would have the right under certain circumstances, if the estate were insufficient to defray the funeral expenses or her maintenance, to alienate it altogether
Precedent
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In fact, according to the Appellants, there are gross errors in the material relied upon by the Custodian
Argument
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And that is confirmed by what was stated in paragraph 23 of the award: "Considering this outgoing the flat increase of Rs.150/-in the category of Draughtsman and Rs.100/-in the case of the other categories would be fair
Ratio of the decision
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The Special Court has full discretion under S. 11(2)(c) to decide whether such claim for penalty or interest should be paid out of any surplus funds in the hands of the Custodian
Precedent
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But it would be open to the court to resort to those provisions even in the case of a joint trial of several persons permissible under s
Ratio of the decision
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However,it was observed: "However,it is further made clear that the State respondent are at liberty to initiate or take up any appropriate legal action in the matter pertaining to their alleged fake appointments in their respective posts in accordance with law and pass necessary order after affording reasonable opportunity of being heard to them
Ruling by Lower Court
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Our attention was also drawn to the application dated 22.10.1991 filed by one O.P. Mandloi before the Chairman of the Indore Development Authority disclosing his educational qualifications and enclosing therewith the mark-sheets and degrees obtained by him in Civil Engineering and also Secondary School Examination Certificate to show his date of birth
Argument
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The contention is that on the date of vesting, which was well over two decades ago, the purchasing power of the rupee was much higher than its present value
Ratio of the decision
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Therefore,the District Collector,Meerut attached remaining five constituent units and the General Manager of the sugar unit was appointed as a Receiver
Ratio of the decision
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If there be any surplus left after defraying the Debsheba expenses the same shall be credited to the said Sridhar Jew Thakur's fund and with the amount so deposited repairs, etc; from time to time will be effected to the said house
Ratio of the decision
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Limited.v
Argument
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1957 Indlaw SC 59 was also cited by the Respondent's advocate in support of the contention that the trial of two offences requiring sanction was not valid
Precedent
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His death has also forced upon him bankruptcy
Argument
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The death is homicidal; (b
Facts
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It is true that it is generally for the prosecution to prove its case beyond doubt but in circumstances such as the present one, some explanation is also due from an accused in order to absolve himself from suspicion of the crime
Ratio of the decision
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The blackening and charring keeping in view the nature of the firearm, which is said to have been used clearly go to show that a shot was fired from a short distance
Argument
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Prem Chand [AIR 1957 SC 425 1957 Indlaw SC 159] in the following terms
Precedent
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Some of the facts in issue in this case are whether payments of certain sums of money were made to Crompton Engineering Co., and other firms or authorities
Ratio of the decision
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Kay Aar Biscuits (P) Ltd.under the above Agreement on 22.11.89
Argument
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The section itself is clear that before applying the section,the Magistrate should carefully take into consideration the attendant circumstances
Ratio of the decision
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The High Court has gone completely amiss in holding that a plea of alibi was taken by the accused and that was found to be false
Ratio of the decision
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2 SCR 113 1968 Indlaw SC 183.Now,it is not a universal rule that the dearness allowance should in all cases be correlated with the cost of living index
Ratio of the decision
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The respondent company is described as the sole distributors on the label
Ratio of the decision
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After thus finding out the average daily wage,the liability of the employer in respect of the maternity benefit has to be calculated in terms of s.5 of the Act for both ore-natal and post-natal period indicated above
Ratio of the decision
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c) of s. 239 is subject to the provisions of s. 234
Statute
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Such a previous convict cannot be released in view of Section 4 of the POB Act
Ratio of the decision
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He thus rejected the contention
Facts
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Before the Privy Council it was contended on behalf of the appellant that in the various cases relied upon, there was at least some genuine claim or belief in the party erecting the buildings that he had a title to do so, even though he was eventually held to be a trespasser; and it was urged that no such claim or belief existed in that case, in which it was said the Government without any pretence of a right, tortuously invaded the appellant's property and proceeded to deal with it as their own
Precedent
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Not only the accused persons fled away, all others also did, including PWs 3 and 4
Precedent
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The High Court shall decide the question of jurisdiction referred to above in light of the submissions to be made by both the parties
Facts
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The submission of Mr. M.N. Rao to the effect that the principle of equity should be invoked in their case is stated to be rejected
Argument
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We also quote S.61 of the Patents (Amendment) Act,2005 which reads as under: "S.61.In Section 117A of the principal Act [as inserted by S.47 of the Patents (Amendment
Statute
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In State of Haryana and Another vs. Tilak Raj and Others [(2003) 6 SCC 123] 2003 Indlaw SC 512, it was held : "A scale of pay is attached to a definite post and in case of a daily-wager, he hold no posts
Precedent
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Cl
Statute
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Such claims may also be preferred
Ratio of the decision
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a) and (b
Statute
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premises
Facts
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26 M.L.J. 616
Precedent
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The Appellant Nos.1 and 2 are Degree holders in Civil Engineering and Appellant Nos
Facts
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233 to 236
Ratio of the decision
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The shareholders felt that the report had been received but was being suppressed or deliberately withheld
Facts
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Viewed from whatever angle, the angle of general application the prospectivity of its effect, the public interest served, and the rights and obligations flowing therefrom, there can be no question that price fixation is ordinarily a legislative activity
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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To put it more broadly, it is the degree of probability of death which determines whether a culpable homicide is of the gravest, medium or the lowest degree
Precedent
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S.5 of the Act which confers right to payment of maternity benefit on a woman worker provisions
Statute
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the defendant Nos.1 to 4 prove that it was intended between the parties that copyrights in respect of the said film should vest exclusively with the defendants or that the right of ownership was waived by the plaintiffs
Facts
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It was directed that the order dated May 14,1993,would not apply to educational institutions falling in categories (4) and (5) and the institutions referred to in paragraph 18 of the order dated August 18,1993.The order dated May 14,1993,was made applicable to the institutions falling in categories (1),(2) and (3) with the modification that following were added in continuation of the said order: " In continuation it is made further clear that whether any of the petitioner-institutions is a MEI or not is a matter for the Government to verify and determine
Facts
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It is not exclusively triable by a Court of Sessions and the punishment as set out in the 7th column of Schedule II, Cr
Argument
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S.102 of the said Act stipulates that the Act shall not apply to certain lands and areas and provides inter alia as follows: "102.Nothing in this Act shall apply-- To lands leased,granted,alienated or acquired in favour of or by the Central Government or the State Government,a local authority or a Cooperative Society
Statute
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In the alternative,it was suggested by the respondent that the charter period be extended by six months on the existing terms and conditions at a mutually discussed time charter rate
Facts
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fruits".The tenant was permitted to raise flower trees at his own expenses
Facts
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State of Haryana and Ors.(2003) 5 SCC 622 2003 Indlaw SC 124,this Court construed the statute on Town Planning Law and held "Expropriatory statute,as is well known,must be strictly construed
Precedent
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PW.1 Tukaram and PW.5 Sumanbai
Ratio of the decision
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