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Accordingly,they prayed for rejection of the application filed by the father of the appellants claiming occupancy rights under the Act
Facts
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Prakashi Devi,and thereby committed an offence punishable u/s.452 IPC within my cognizance
Facts
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It is probable that the respondents had obliged the petitioners by issuing these bills because the bills cannot be read in isolation but with reference to surrounding circumstances
Ratio of the decision
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V) Hitesh Mehta Rs
Ratio of the decision
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State of M.P,(2004)3 SCC 98 2004 Indlaw SC 132 where this Court stated that determination of the period would depend on the facts and circumstances of a given case
Precedent
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P.W.14 Ranadive tells us that if one were to go from the entrance of Air Field to the acquired land one would have to pass through RD 4500 to 1200
Ratio of the decision
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A Board,Court,Labour Court,Tribunal or Arbitrator may,at any time,suo moto or on an application made by any of the parties concerned,may correct any clerical mistake or error arising from an accidental slip or omission in any proceedings,report,award or as the case may be,decision
Statute
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It was stated that the applications of the manufacturers for review of the notifications fixing the prices had not been disposed of for years though time was really of the very essence of the matter
Argument
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Even from the evidence of the hostile witness PW-19 Mohanlal,it emerges that on the day of the incident there was an altercation at the video parlour,though he has given the cause of the altercation to be somewhat different,which explanation does not appeal to us
Ratio of the decision
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CASE LAW RELIED UPON BY THE APPELLANT
Precedent
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But sometimes the facts are so intertwined and the second and the third stages so telescoped into each, that it may not be convenient to give a separate treatment to the matters involved in the second and third stages
Precedent
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He was further asked to name the witness in whose statement Shalu's reference was available but the investigation officer drew a blank and could not tell the name of the witness from whom any clue as to Shalu was received by him
Ratio of the decision
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193 1996 Indlaw SC 3059,wherein
Precedent
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Further,in view of the fact that State Government itself appoints the Revenue officers including the Commissioner under the scheme of the Code and all Revenue officers are subordinate to the State Government as per Section 11 of the Act,and even the Chief Controlling Authority in all matters connected with the land revenue in his Division is vested with the Commissioner,they are subject to the superintendence,direction and control of the State Government as provided under Section 5 of the Code
Ratio of the decision
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Goa 49 1969 Indlaw GOA 8 and a release without such a report
Precedent
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The primary meaning has been said to be the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted,and is either express or implied from conduct
Ratio of the decision
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Notwithstanding that the price fixation is a legislative activity, the subordinate legislation had taken care here to provide for a review
Ratio of the decision
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Then there will be no question of returning the plaint for presentation to the proper court,for the plaint,as framed,would not justify the other kind of court to grant him the relief
Ratio of the decision
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After giving credit of Rs.4.33 crores payable by the State Government on account of amounts towards compensation for acquisition of land,the liability of the Company was determined at Rs.6.09 crores on 20th February,1992.A sale proclamation was accordingly issued
Facts
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This information should be furnished to the competent authority,to the University to which the said colleges are affiliated and to the Secretary,Education Department,Government of Karnataka/Tamil Nadu
Facts
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No material was placed before the High Court as to the nature of the duties of either categories and it is not possible to hold that the principle of "equal pay for equal work" is an abstract one
Precedent
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In the absence of any express provisions of this Code,or of any law for the time being in force to the contrary,an appeal shall lie from any decision or order passed by a revenue or survey officer specified in column 1 of the Schedule E under this Code or any other law for the time being in force to the officer specified in column 2 of that Schedule whether or not such decision or order may itself have been passed on appeal from the decision of order of the officer specified in column 1 of the said Schedule
Statute
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For the sake of convenience we refer to the facts mentioned in Civil Appeal No of 2008 (arising out of S.L.P.(C) No.15729 of 2008) filed by J.Mitra & Co
Facts
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Revenues
Facts
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There being no such finding by the revenue officer,on the other hand there being a finding mat Abdul Khader was not a protected tenant by the revenue authorities it was not open to the arbitrator to decide the question of protected tenancy
Ratio of the decision
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None out of those who were present at the video parlour received any injury and there is no material on the record to show as to which community did they belong to either
Ratio of the decision
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We have heard Mr
Ratio of the decision
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Ganga Ram Anil Kumar (HUF),Sunil Kumar and Sumitra Rani,trading as Thukral Mechanical Works Railway Road,Sirhind (Punjab) are registered as subsequent proprietors of this mark as from 30th May,1986 by virtue of Agreement dated 30th May,1986.AND
Facts
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The provisions contained in this will bear no analogy to those we have to construe
Ratio of the decision
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A new class of estoppel has come to be recognized by the courts in this country as well as in England
Facts
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Aggrieved by that order,the second respondent-accused filed an appeal before the Sessions Court,Delhi
Facts
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For the reasons aforementioned,the impugned judgments cannot be sustained
Ruling by Present Court
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This Court made it clear that declaration u/s.6 has to be made only after the appropriate Government is satisfied on a consideration of the report made by the Collector under Section 5A.The Court,however,made it clear that only in a case of real urgency the provision of Section 5A can be dispensed with
Precedent
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c) Donations and charities
Ratio of the decision
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The question of maintainability of the second suit is absence of the registrant proprietor was not and could not have been the subject matter of consent at that stage
Ratio of the decision
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Prior to the commencement of the Constitution,the Chartered High Courts as also the Judicial Committee had held that the power to issue prerogative writs possessed by the Chartered High Courts was an exercise of original jurisdiction (see Mahomedalli Allabux v
Precedent
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Claim petition was filed by the appellant before the arbitrator' Claim petition was also filed by Abdul Khader claiming 60'% of compensation as a 'protected tenant
Ruling by Present Court
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The trial court summed up the position that the two capacities "sponsor" and "producer" cannot co-exist in one and the same person
Facts
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No notification has been brought to our notice that the Standard Standing Orders had been made applicable to the Appellants
Ratio of the decision
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For the reasons aforementioned, we do not find any merit in these appeals, which are dismissed accordingly
Ruling by Present Court
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But, at the stage when liabilities are required to be discharged, the notified person may inter alia raise a contention inter alia for the purpose of establishing that the properties held and possessed by them are sufficient to meet their liabilities
Ratio of the decision
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The jurisdiction of High Court is to correct all errors of law going to the root of the decision which would,in such cases,include even perverse findings of facts,perverse in the sense that no reasonable person,acting judicially and properly instructed in the relevant law could arrive at such a finding on the evidence on the record
Ratio of the decision
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It cannot possibly be doubted that an Industrial Tribunal deciding upon the wage-scales of the employees of an establishment would have full liberty to propose ad-hoc increase of salaries as part of the revision of wages
Ratio of the decision
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This Court is considering these questions,especially,in the context of some recent trends in land acquisition
Ratio of the decision
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The question then arises,whether it is sufficient for the applicant to show that he is a person aggrieved when he makes his application or he must continue to remain a person aggrieved until such time as the rectification/removal application is finally decided
Ratio of the decision
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These are purely objective investigations
Precedent
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66,Sub-s.(3) of Section 69,Section
Statute
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ii
Facts
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There is something mysterious about the discovery of Shalu as a witness to the incident
Ratio of the decision
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It claimed user of the said mark since 1963 and sought for rectification of the register by expunging the expression 'circulation and centrifugal pumps' from the specification of goods
Facts
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Again in Jai Mangal Oraon vs
Precedent
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Further while directing the Receiver to handover possession of the various fisheries covered by the final decree to the parties to whom they have been allotted under the decree,this Court also protected the interest of the State by observing: "We made it quite clear that this will not in any manner prejudice or affect the right of the State to its claim over the fisheries under the West Bengal Acquisition Act 1955 (West Bengal Act 1 of 1954) or under any other statute
Ratio of the decision
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This practice it seems, was also current in respect of lands belonging to the, Government before the Travancore Land Conservancy Act 4 of 1091 (24-7-1916) (hereinafter called 'the Act
Statute
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p.m
Ratio of the decision
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P.A. sent it to Police Station, Dhuri where the formal FIR was registered at about 4.45 p.m. with the special report being delivered to the Illaka Magistrate at Dhuri itself at 6.20 p.m. the same evening
Facts
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This Court,in Madhu Sudan Malhotra v
Precedent
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The provision for enquiry in the first clause of paragraph 3 and the prescription of the matters to be taken into account in the second clause of paragraph 3 further strengthened the implication, according to the learned counsel
Argument
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Akhil Sibal,learned counsel for the appellant and Mr
Facts
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The above principles are reiterated in several decisions of this Court,including State of West Bengal vs
Precedent
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2500 and facilitated the cutting and taking away of the crop by postponing the handing over of the possession to the contractor till the 5th April 1963 and misappropriated the money
Facts
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These notifications were questioned on several grounds by the manufacturers and they have been quashed by the Delhi High Court on the ground of failure to observe the principles of natural justice
Facts
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This question in turnwill depend upon what are the ingredients of the offences under 5(1)(c) and (d) read with Section 5(2
Ratio of the decision
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Mac Laboratories Pvt.Ltd
Ratio of the decision
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As between two competitors who are each desirous of adopting such a mark,"it is,to use familiar language,entirely a question of who gets there first
Ruling by Present Court
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P.W.22,who is a close relation of the deceased (cousin) has stated that two days after the occurrence after the information that Bala Prasanna was roaming near LIC Colony,Anna Nagar Police brought him to the Police Station and Bala Prasanna was arrested at 5.00 P.M.and was taken to the police station and a witness was present there
Ratio of the decision
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The Standing Orders governing the terms and conditions of service must be read subject to the Constitutional limitations wherever applicable
Ratio of the decision
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As we are remanding the appeal to the High Court for a fresh decision after full consideration of the evidence adduced in the case it would be open to it to consider this matter particularly while judging the credibility of the-evidence of the approver
Ratio of the decision
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the State Government shall decide the question and such decision shall be final
Statute
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I and question No. 12 put to the respondent No. 2 and tried to show that those questions rolled up a large number of separate questions and that it could not have been possible for the respondents to give any rational answers to those questions
Argument
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c) of s. 239
Statute
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It will also justify the conclusion that they were there at any rate till the 20th March 1963 and according to the letter of the contractor (P.W. 8) on 23-3-63 they were completely cut
Ratio of the decision
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So the first step is for the Government to appoint Forest Officers from out of D.F.Os
Ratio of the decision
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The policy of the law of agrarian reform postulates the extinguishment of ancient privileges and cornering of land resources, and the socioeconomic yardstick is different from what applies to ordinary purchases of real estate and this is manifest in the special provisions contained in Art
Statute
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Broad vision is required,a nice balancing of the rights of the State and the protection of society in general against protection from harassment to the individual and the risks of unjust conviction
Ruling by Lower Court
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He further submitted that the High Court while passing the impugned order and judgment did not take into consideration that the accused-respondent had been convicted in another criminal case No.202 of 1997 by the Court of Metropolitan Magistrate,Patiala House,New Delhi
Argument
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Until they are appointed by the Governor according to the rules,they do not become the members of the service in a substantive capacity
Precedent
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There is no dispute that Bhavna's death is homicidal
Facts
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Nor is there anything in the scheme or the provisions of the Drugs (prices Control) Order which otherwise contemplates the observance of any principle of natural justice or kindred rule, the non-observance of which would give rise to a cause of action to a suitor
Ratio of the decision
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Something overwhelming must appear before the Court will intervene
Ratio of the decision
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Public Prosecutor with the permission of the court
Facts
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Subject to the provisions of section 47,a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application made in the prescribed manner to a High Court or to the Registrar by any person aggrieved on the ground either - (a) xxx xxx xxx xxx (b) that up to a date of one month before the date of the application,a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being
Statute
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67 -Effect of preliminary scheme
Statute
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That was the first occasion when the format was presented to the petitioners
Facts
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Mr
Argument
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Life Insurance Corporation of India,1995 Supp.(2) SCC 611 1995 Indlaw SC 183,would not be applicable to the appellant in the facts and circumstances of the case
Argument
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In January, 1952 he therefore brought one S. G. Krishna Aiyar who had vast experience in the maintenance of accounts of electrical undertaking's having been Chief Accountant of the South Madras Electric Supply Corporation, to undertake an investigation and then to act as Financial Adviser
Facts
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Section 46(1) of The 1958 Act enables any person aggrieved to apply for removal of registered trade mark from the register on the ground of non use as stated in Clause (a) and/or Clause (b).To be an aggrieved person under Section 46,he must be one whose interest is affected in some possible way; it must not be a fanciful suggestion of grievance
Ratio of the decision
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after fully and carefully examining the materials before it in regard to the said allegations and circumstances of the case, consider that Major Som Nath...... should be prosecuted in a court of law for the said offences
Facts
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He may have to bear loss in the same way as he does when he suffers losses on account of economic forces operating in the business
Precedent
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The parties shall file the written submissions filed before this Court together with all charts before the learned Special Judge, Special Court within eight weeks from date
Ratio of the decision
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In a review application preferred by auction purchaser,the High Court by order dated 3rd September,2001 directed the respondents to refund the amount to the auction purchasers
Facts
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In other cases where no such minimum sentence is prescribed,it is open to the Court to consider the delay and its effect and the ultimate decision
Ratio of the decision
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In the instant case, the Industrial Tribunal did not draw any adverse inference against the Appellant
Precedent
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He gave an evasive answer saying that the fact that Shalu was accompanying S 'must have come in the staement of the witnesses
Ratio of the decision
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January,1882.A was never charged with any murder but one,and had heard the inquiry before the Magistrate,which referred exclusively to the case of Haidar Baksh
Statute
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iv)The Appellants herein, apart from the corporate entity which is a front company of late Harshad Mehta, have received large loans, advances and credits from the Harshad Mehta Group and there had been intermingling of the assets to the tune of crores of rupees, they cannot escape their liabilities under the Act
Argument
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Aggrieved by this order passed by the Collector on February 23,1973,the respondent preferred a writ petition (Special Civil Application No.1224 of 1973) under Art.227 of the Constitution to the,Gujarat High Court and writ of certiorari quashing the order dated February 23,1973 and a direction restraining the Collector from further proceeding with the inquiry under S.37(2) of the Land Revenue Code were sought
Facts
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First Respondent is the registered proprietor of a trade mark 'Field Marshal' for Diesel Engines since 1964 bearing No.228867.One M/s
Facts
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The authority vested in the High Court under the amendment still remained only in the domain of the jurisdiction and power of revision and no further
Ratio of the decision
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Therefore,as on March II,1985,the total posts available were
Ratio of the decision
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