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that under Section 257 of the Maharashtra Land Revenue Code more than one revision is possible
Ruling by Lower Court
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a) to (g) can be tried together in one case which certainly involves a bewildering multiplicity of charges and which would obviously set at naught the salutary principle contained in s. 233
Precedent
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It is in pursuance of the powers granted to the Central Government by the Essential Commodities Act that first the Drugs (prices Control
Statute
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A bare perusal of the above Section shows that an appeal against the judgment,sentence or order,of the Designated Court (except an interlocutory order) shall lie on facts and on law to the Supreme Court and that no appeal or revision shall lie to any other court
Ratio of the decision
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If he can show that he did not, or if the totality of the circumstances justify such an inference, then, of course, the intent that the section requires is not proved
Precedent
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Finally in Taherakhatoon (D) By Lrs
Precedent
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ATM Rangaramanujam,learned senior counsel for the appellant and Mr
Facts
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The first partnership deed which is Exhibit-114 is dated 13th October,1960.It recited that the partnership firm should be presently started at Ahmedabad and the same should later be started in another city
Ratio of the decision
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Ors.,(1975
Argument
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Bombay had exclusive jurisdiction in dealing with the suit out of which the appeal had arisen
Ratio of the decision
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It was expected of the accused to explain as to how and why his wife died,as well as his conduct immediately prior and subsequent to the death of the deceased
Ratio of the decision
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He also admitted that he had not gone to attend that funeral of Bhimabai
Facts
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But if it appears that the statutory conditions were inserted by the legislature simply for the security or benefit of the parties to the Action themselves,and that no public interests are involved,such conditions will not be considered as indispensable,and either party may waive them without affecting the jurisdiction of the court
Ratio of the decision
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He was given time for doing so but he failed to pay it
Facts
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Thereafter, the appellant and the two other alleged accused namely, Accused Nos
Facts
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The last time Bhimabai visited her parental home was on the occasion of the festival of Nag Panchami and she had complained that she was being ill-treated and was sometimes given beating for bringing money from her parents
Facts
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These observations have to a certain extent relevance to the present case but on the facts this case is also distinguishable
Ratio of the decision
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It was sufficient for the rent court to proceed on the finding that the appellant and S were living together as husband and wife,whether they were legally married or not
Precedent
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The schedule preferred to in Section 227 mentions the Authorities before whom appeal would lie
Statute
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Bharat Petroleum Corporation Limited is a Government of India Undertaking,under the administrative control of the Ministry of Petroleum & Natural Gas and is engaged in refining,distributing and selling of petroleum products all over the country
Facts
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Furthermore, when their services had not been regularized and they had continued on a consolidated pay on ad hoc basis having not undergone the process of regular appointments, no direction to give regular pay scale could have been issued by the Labour Court
Ratio of the decision
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The Hathi Committee considered that units (other than MRTP units) having only turnover of less than Rs.1 crore may be exempted from price control
Ratio of the decision
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In that case,the respondent was managing the affiliated college to which public money is paid as Government aid which played a major role in the control,maintenance and working of educational institutions
Precedent
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that the appellant was an infringer both of the right of M/s
Ratio of the decision
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The provision contained in the Act being stringent in nature, the purport and intent thereof must be ascertained having regard to the purpose and object it seeks to achieve
Ratio of the decision
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Sudhir Chandra that the merit of the matter is yet to be gone into by the Board cannot be a ground for ignoring the submissions made at the bar
Ratio of the decision
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He also submitted that if two views are possible and if there are lacunae in the case of the prosecution, the benefit must go to the accused
Argument
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The question which arises for determination in this batch of civil appeals is : whether FAO No.292/06 and FAO No.293/06 filed by respondent no.3 herein in the High Court were liable to be dismissed
Ratio of the decision
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Whether they can or cannot be read cumulatively must be determined by consideration of the language used in those clauses
Ratio of the decision
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It is thus apparent that offences committed within a space of 12 months were tried along with offences committed beyond that period
Ratio of the decision
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The appellant -Raju
Facts
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Ltd.and thereafter on June 2,1992,the name was changed to the present name,i.e
Facts
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It would be necessary for it to consider for itself the evidence adduced by the prosecution on the specific charges and then to conclude whether those charges have been established or not
Ratio of the decision
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Learned counsel,thus,submitted that the impugned order is unsustainable and liable to be set aside
Argument
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This finding is fortified by s. 5 of the Act which provides that from and after the commencement of the Act it shall not be lawful for any person to occupy land which is the property of the Government whether Poramboke or not without the permission from the Government or such officer of the Government as may be ,empowered in that behalf
Ratio of the decision
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Even the letter dated 23-4-1999 which reached the Secretary concerned at 3.00 p.m.on 26-4-1999 was much before the formal detention order dated 28-4-1999.The Secretary concerned was obliged to place the same before the detaining authority
Precedent
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Ltd.,3 appellant herein,filed its application for grant of patent
Facts
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State of Punjab (AIR 1987 SC 350 1986 Indlaw SC 35); Ashok Kumar Chatterjee v
Ratio of the decision
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A claim based on merely legitimate expectation without anything more cannot ipso facto give a right
Precedent
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Priority in adoption and use of a trade mark is superior to priority in registration
Ruling by Present Court
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Cochin v
Ratio of the decision
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Mr
Argument
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In this regard we may notice the following dates
Ratio of the decision
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In terms of the provisions of the Act, the Special Court had been conferred a very wide power
Ratio of the decision
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2 and 3 and the two juvenile offenders, namely Sarita and Sharmila
Facts
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16 SCC 155 2008 Indlaw SC 1962 held that the legislative object in providing such a radius of time by employing the words "soon before her death" is to emphasise the idea that her death should,in all probabilities,has been the aftermath of such cruelty or harassment
Precedent
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Section 76B provides for constitution of development authorities service
Ratio of the decision
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It has been used especially in the United States of America to designate an award in addition to the contractual wage
Ratio of the decision
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Finally,it was suggested that: "We,therefore,suggest that we sign an agreement with you for the period from 1st September,1998 until the matter is finally decided by you under the tender on the existing terms and conditions with the charter hire being provisionally paid on an ad hoc basis at 90% of the rate which was prevailing under the existing Charter Party
Facts
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We think that the question has to be decided with reference to the definition of 'free reserve' in paragraph 2(g) of the Control Order and not on any assumed principle of accountancy
Ratio of the decision
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SCC 497
Precedent
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It would,therefore,be clear that a permitted use of the trade mark should be done under sub-s.(1) of Section 48.It
Ratio of the decision
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We quote herein below Ss.25 and 116 as it stood in the year 2000 under the Patents (Amendment) Act,1999 which read as under: "S.25.Opposition to grant of patent
Statute
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On the basis of cost analysis in respect of those units, maximum prices may be prescribed and all other units may be free to fix their prices within this ceiling
Ratio of the decision
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They were not issued by any authority competent therefor
Ratio of the decision
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Para 4 of the instructions provides
Ratio of the decision
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First respondent itself accepts that at least immediately prior to the institution of the suit,appellant had been using the same
Ratio of the decision
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Immediate death following a firearm wound is uncommon and even when vital organs are injured, a person may be capable of doing extraordinary things
Ratio of the decision
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gross asset' when used with reference to an estate means the aggregate of the rents, including all cesses, which were payable in respect of the estate for the previous agricultural year- (b) by the raiyats or any other persons cultivating the land other than the land settled with the intermediary or intermediaries under Sub-s
Statute
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On an appeal taken by the appellant to the Industrial Court (Textiles and Hosiery), Kanpur, the Industrial Court accepted the contention of the appellant, allowed the appeal and set aside the award
Facts
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The Survey Nos.118/2 and 351,being Evacuee Properties,were allotted to the Appellant in the year 1956.Later on,it was found that the Appellant is in possession of more area and,therefore,the said order was modified on 6.5.1982 and excess area was granted to the Appellant on payment of Rs.31,360/-,which Appellant had paid on 17.5.1982 in Government Treasury and thereby the Deputy Collector and Assistant Settlement Commissioner,Pune granted the excess land to the Appellant,and thereafter the dispute started between the parties
Facts
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Babubhai Keshavlal.1974 Indlaw GUJ 88
Ratio of the decision
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It is the case of the prosecution that for non-payment of dowry,the accused persons harassed the deceased and subjected her to cruelty
Facts
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No doubt, if this interpretation is accepted the object of the section, that is, to embrace within it the graver offences, would be fulfilled, but we wish to express no opinion on it
Ratio of the decision
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Abdul Khader
Facts
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The idol was not made a party to this suit
Facts
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He must be in the custody of a police officer
Ratio of the decision
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The enquiry, obviously is not to be confined to obtaining information from the manufacturers only and indeed must go beyond
Ratio of the decision
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No new plea had been raised by the Board before the Division Bench instead the plea relating to service of the aforesaid letter had already been before the learned Single Judge
Ratio of the decision
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In so far as handing over of the possession of the land to the Contractor (P.W. 8) is concerned, the Trial Court and the High Court are equally justified in coming to the conclusion that the accused had not delivered the possession of the land to the contractor till quite late as would appear from the letter of P.W. 8 dated the 5th April, 1963
Ratio of the decision
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He did not even act as a guard because when the witness Anil Kumar (PW-21) came to the house,he was not even stopped by the accused from entering the house
Argument
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Order, 1970 and later the Drugs (prices Control
Statute
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The two protections are (1) against being dismissed or removed by an authority subordinate to that by which the appointment had been made,and (2) against being dismissed,removed or reduced in rank without being heard
Precedent
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Learned counsel for the appellants has contended that the High Court has adopted an erroneous view of the scope and ambit of the inquiry contemplated under S.2(4)(i) of the Act by the competent authority in as much as under the said provision the competent authority had power merely to decide the question whether the respondents Jagir was a proprietary or a non-proprietary Jagir and had no Dower or jurisdiction to determine whether on the appointed date that is on August 1,1954 when the Act,came into force the respondent had subsisting rights to mines and minerals products in the Jagir villages so as to be saved under S.10 of the Act
Argument
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Illustration (e) u/s.215 of the Code,as contrasted from illustration (d) under that section,throws some light on this issue
Statute
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he position of the sevayat and the effect of his dealings with the property dedicated to the idol has been expounded by Rankin C.J. in Surendrakrishna Ray v. Shree Shree Ishwar Bhubaneshwari Thakuran, (1933
Precedent
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Considering the nature and gravity of the offence,the well planned manner in which you have engaged yourself in such prejudicial activities and your role therein as brought out above,all of which reflect your high potentiality and propensity to indulge in such prejudicial activities in future,I am satisfied that there is a need to prevent you from indulging in such prejudicial activities in future by detention under COFEPOSA ACT,1974 with a view to preventing you from smuggling goods in future
Facts
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Conviction of the accused-appellant under Sections 302 and 376(2)(f) of Indian Penal Code is set aside
Ruling by Present Court
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We may make it clear that now that a Forest officer has made an appraisement, the Chief Conservator of Forests will apply his mind to it and approve it as a whole or with such modifications as he thinks necessary and forward it to the Compensation Officer
Ratio of the decision
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Then this Court has observed
Ruling by Lower Court
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All these proceedings will show that twice the Sub-Divisional Officer has exercised the revisional power under Section 257 at the directions of the Collector,namely the RTS Revision No.14 of 1984 and RTS Revision No.12 of 1999.It will further reveal that the appeals as against the RTS Revision No.14 of 1984 was preferred by the parties in view of the provisions of Section 247 and 249 sub-section 2.It will equally appear that when the orders were passed in Revision Application No.12 of 1999 before the Sub Divisional Officer in exercise of the powers under Section 257 the parties have preferred two RTS appeals in view of the provisions of Section 247 and 249 sub-section 2.Not only that,thereafter the RTS Revision Application No.330 of 2001 was also preferred before the Commissioner and if the view is taken that the second revision is not tenable then in that circumstances since the first order passed in RTS Revision No.12 of 1999 is a revisional order,this second revision before the Commissioner being RTS Revision No.330 of 2001 would not have been tenable
Ruling by Lower Court
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vis-a-vis the 1973 Act and the rules framed thereunder
Ratio of the decision
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According to him,the accused persons used to harass the deceased primarily for non-payment of the amount of dowry,as a result of which,she was forced to commit suicide
Ratio of the decision
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The short answer is that Art
Ratio of the decision
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she replied that she did not know why there was no mention in the said statement that the cause for ill-treatment was "a demand for money and a consequent beating
Facts
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The appeal is allowed
Ruling by Present Court
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Thus in the totality of the facts and circumstances of the case,the pleadings of the parties in the writ petition and the judgment of the learned Single Judge leaves no manner of doubt that it was an order passed u/art.226 of the Constitution and in that view of the matter the Letters Patent Appeal was maintainable before the High Court
Precedent
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That was why the Industrial Tribunal thought that an all round flat increase of Rs.150/-in the case of Draftsmen and Rs.100/-in the case of other workmen was called for
Ratio of the decision
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it was declared that M/s
Facts
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We,as noticed hereinbefore,do not know as to under what circumstances the orders of appointments were issued
Ratio of the decision
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The next contention that we proceed to discuss now is about whether sufficient light was available at the place of occurrence for the eye- witnesses to see the occurrence as stated by them in the evidence
Ratio of the decision
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Malini Mallya,who has built it with borrowed money at her cost
Facts
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His dual capacity enabled the respondent No
Argument
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Thereupon,the respondent himself appeared in person and sought permission to make his submissions personally
Ratio of the decision
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Sharing of profits and contributing to losses were not the only elements in a partnership,existence of agency was essential and whether there was a partnership or not is a mixed question of law and fact,depending upon the varying circumstances in different cases
Ratio of the decision
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Section 2(31) defines the Revenue Officer as under:- "2 (31)" revenue officer" means every officer of any rank whatsoever appointed under any of the provisions of this Code,and employed in or about the business of the land revenue or of the surveys,assessment,accounts,or records connected therewith
Statute
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The learned trial judge on issue No.4 opined that plaintiff had not been able to prove actual loss or damage particularly having regard to the fact that Dr
Facts
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The proprietors of respondent Company,namely M/s
Facts
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The need for revising the wage scales was not disputed by the appellant
Facts
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b) of S. 299 and cl
Precedent
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