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The District Collector in the said order dated 20th February,1992 concluded that after such adjustment the following dues were still to be paid by the Company
Facts
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1958 Indlaw SC 82 Vivian Bose, J. speaking for the Court, explained the meaning and scope of cl
Precedent
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We have carefully considered the rival contentions and gone through the impugned judgment and perused the materials on record
Ratio of the decision
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Probate of the will of Dwarka Nath was also obtained by jogendra on the 31st August, 1909
Facts
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56
Ratio of the decision
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State of Karnataka,(1993
Facts
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3,350 in cash to the daughter-in-law without alienating any part of the immovable properties and presumably by this time she had discharged all the debts
Ratio of the decision
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It was further made clear that this was a special provision made only for that year
Facts
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Weaving Works,and according to the terms of tenancy suit,the suit premises were leased for manufacturing cloth in the name of Ahmedabad Fine & Weaving Works
Facts
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prices Control
Statute
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This section does not expressly say that the only punishment provided for the offence should be imprisonment not exceeding 10 years
Ratio of the decision
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Whether the registered proprietor of the trade mark had taken recourse to trafficking or not must be determined in an appropriate proceeding
Ratio of the decision
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Therefore,the Legislature intended an appeal under Section 117A(2) to the Appellate Board from any decision,order or direction of the Controller,inter alia,under S.25(4) [which refers to the power of the Controller to maintain,amend or revoke the patent
Ratio of the decision
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i
Argument
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Transport Society Ltd.(AIR 1961 Punj 24 1960 Indlaw PNH 196) and we are in agreement with it
Precedent
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The object being that everything,which is offending at any time i.e.at,before or after the marriage,would be covered under this definition,but the demand of dowry has to be "in connection with the marriage" and not so customary that it would not attract,on the face of it,the provisions of this section
Ratio of the decision
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In spite of this you have not handed over the possession
Facts
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The order of the extension of tenure of the Receiver was challenged by the ex-proprietors of the Company in a Writ Petition No.18496/1991.Subsequently,the Receiver was withdrawn on 18th December,1995,therefore,the writ petition was also withdrawn
Facts
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He further urged that the two letters addressed by the respondent-one to the Collector on October 11,1968 and the other to the Mamlatdar on October 4,1971,merely contained a request to make appropriate entries in the Revenue Records based on the Mamlatdar's order dated November 24,1959 and,therefore,the Collector could not pronounce upon those letters as containing a claim put forward by the respondent for the first time to mines and mineral products in the said Jagir villages to initiate an inquiry under s.37(2) of the Bombay Land Revenue de
Argument
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The High Court on the other hand opined: "It was not anybody's case before us that M/s Jain Industries
Facts
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2) is the knowledge possessed by the offender regarding the particular victim being in such a peculiar condition or state of health that the internal harm caused to him is likely to be fatal, notwithstanding the fact that such harm would not in the ordinary way of nature be sufficient to cause death of a person in normal health or condition
Precedent
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Against the said order dated 4th October,1994 passed by the prescribed authority,the appellant filed Appeal No.1/95 before the Appellate Tribunal
Facts
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Formulations constituting categories I, II and III are enumerated in the Third Schedule
Statute
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While workmen raising industrial disputes for revision of wage-scales are certainly minded about their future prospects in the matter of wages,they,surely would be more concerned with the immediate benefits according to them
Ratio of the decision
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If both of them would live together amicably, Muthu Arunachala Chetty himself would enjoy the properties which remain after the death of the widow
Precedent
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Kindly confirm in order to draw up a suitable agreement accordingly
Facts
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2500, in default six months Rigorous Imprisonment
Ratio of the decision
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I do not see why this does not fall within the definition of trade dispute just as much as a dispute as to the rate of wages or salary
Precedent
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ii
Ratio of the decision
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Therefore,we are of the view that respondent
Ratio of the decision
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Thereafter,for almost two months,there was no communication between the parties
Facts
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A person who had been using the said trade mark as a proprietor thereof by user is supposed to keep itself abreast with such applications filed by another either for registration of the trade mark or renewal thereof
Ratio of the decision
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The dispute centres around a fishery called Nalban Fishery
Facts
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See Union of India v. Garware Nylons Ltd., AIR (1996
Ratio of the decision
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From the records, it appears that the distance between the place where the accident took place and the village in question was not much
Precedent
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In the result,we dismiss this appeal with costs
Ruling by Present Court
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v) As regard, sale of residential properties, an appropriate order may be passed by the learned Judge, Special Court in the light of the observations made hereinbefore
Ratio of the decision
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The judiciary,in its sphere,shares the revolutionary purpose of the Constitutional order,and when called upon to decode social legislation must be animated by a goal-oriented approach
Precedent
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The Commissioner furthermore was not the appointing authority
Ratio of the decision
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307 IPC
Ratio of the decision
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He was brought to the house by Shashi Tripathi (accused),who apparently took care of him and sent to school and gave him food and residence
Ratio of the decision
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During all these years,the appellant had continued to enjoy increasing profits; nonetheless the emoluments received by the workmen did not receive the impress of the appellant's growing prosperity
Ratio of the decision
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The issues that had been famed by the Trial Court also do not refer to this aspect
Ratio of the decision
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9 of Regulation 8 are important and read as follows : "Reg.8(8) If there is a disagreement in the recommendations made by the State Government,University or the Regional Committee,the Central Task Force shall invite representatives of the respective agencies for further consultations before making final recommenda-tion; (9
Statute
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The Appellants herein are notified persons in terms of the provisions of the Act
Ratio of the decision
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That , however, is not the Only provision to be Considered
Ratio of the decision
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So far as Krishtappa Yellapa Pujar & Ors.vs
Ratio of the decision
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This argument is based on the concept of abandonment
Ratio of the decision
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Shavaksha that the respondent company had itself shown Kipre and Co
Argument
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The respondent was asked to convey their acceptance to the said suggestion
Facts
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Bhatt has,on the other hand,urged that the scheme of s.5 of the Act clearly indicates that a woman worker who expects delivery had to be paid maternity benefit for all the seven days of the week including Sundays falling within the ante-natal and post-natal periods specified in the s
Argument
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This position was illuminatingly stated by this Court in Sevaka Perumal v. State of T.N.(1991) 3 SCC 471 1991 Indlaw SC 683
Precedent
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S.56.Power to cancel or vary registration and to rectify the register.(1
Statute
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The appeal was argued but so far as the petition for special leave to appeal was concerned the parties came to an agreement whereby the idol asked for leave to withdraw the petition on certain terms recorded between the parties
Facts
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On or about th of April.1948 Sail Nawaz Jung,the then ruler of Mukkalla State,South Yeman in Arabia settled some of the properties with which the appeal is concerned by a Registered Tamleeknama in favour of his son Sultan Awaz and his grandson Galib Bin Awaz
Facts
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Akhil Sibal argued that the IPAB committed grave error in relying upon the provisions of the 1999 Act and the Trade Marks Rules,2002 when these provisions were not applicable as the applications were filed under The 1958 Act
Argument
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Therefore,the terms of a contract between the parties can be proved not only by their words but also by their conduct
Ratio of the decision
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Clearly, therefore, all the accused persons could be tried together in respect of all the offences now comprised in charge No. 1
Ruling by Lower Court
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7 SCC 734 2008 Indlaw SC 1077.However,these are the cases,where this Court came to rescue the parties on the ground for divorce not provided for by the legislature in the statute
Precedent
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If the person to be evicted resists or obstructs the officer or Servant deputed u/cl.(b) or
Statute
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There was fierce competition also,it was asserted,from other similar organisations
Facts
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a) where the identity of the authors is disclosed,as references to that author
Statute
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Alternatively, it was prayed that since their asset base was greater than genuine liabilities, the said residential premises should be released from attachment
Facts
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The decision in Queen Empress v. Grees Chunder Banerjee ((1884) I. L. R. 10
Ratio of the decision
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85 of the Adhiniyam has made rules known as 'M.P. Development Authority Services (Officers and Servants) Recruitment Rules, 1987
Ratio of the decision
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The reviewing authority has the fullest freedom and discretion to prescribe its own procedure and consider the matter brought before it so long as it does not travel beyond the parameters prescribed by paragraph 3 in the case of a review against an order under paragraph 3 and the respective other paragraphs in the case of other orders
Ratio of the decision
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As already stated by us, manufacturers of bulk drugs who claim to be affected by the Drugs (prices Control
Ratio of the decision
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We cannot import the notion of prevailing bank rates in such situations
Ratio of the decision
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It was held upon the construction of the will that the nephew, who lived amicably with the widow till his death, had a vested interest at testator's death which could not be defeated by a testamentary disposition by the widow in favour of a stranger
Precedent
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The benefit of S.46 would be available during the period for which the agreement registered and user continued in furtherance thereof
Ratio of the decision
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The recruitments of the Appellants do not fall in any of the said categories
Ratio of the decision
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From the report submitted by the Receiver it transpired that the District Magistrate 24 Parganas who was appointed as Receiver took possession of several fisheries including Nalban Fishery Obviously on the impression that the lease in respect of the said fishery which had been granted by the SarKar family had lapsed
Ratio of the decision
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Inasmuch as both the courts have thoroughly discussed the oral and documentary evidence with reference to the charges leveled against the appellant and in view of the limited order dated 28.01.2008 by this Court issuing notice confining to quantum of sentence only and even applying the analogy enunciated in Yomeshbhai 2011 Indlaw SC 370 (supra),we feel that it is not a case of such nature that the appellant should be heard on all points,consequently,we reject the request of the learned senior counsel appearing for the appellant
Ratio of the decision
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The said decision is not an authority for the proposition that the principles of natural justice are required to be complied with in all situations
Ratio of the decision
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We are therefore of the opinion that this statement falsifies Mr. Goburdhan's argument on this aspect
Ratio of the decision
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v) gross income from forests calculated on the basis of the appraisement made of annual yield of the forests on the date of vesting by a Forest Officer subject to the approval of the Chief Conservator of Forests, such Forest Officer being not below the rank of a Divisional Forest Officer to be appointed in this behalf by the State Government
Statute
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In other words,before the Collector can initiate an inquiry under that provision,either the State or the individual must put forward a claim to a property or any right in or over the property and it is such claim that is to be inquired into by the Collector whose decision,subject to a civil suit filed within one year,is rendered final
Ratio of the decision
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The Xerox copy of the cyclostyled appointment order bearing No.1/14/97
Facts
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PW.5 Sumanbai has deposed that Bhimabai was receiving ill-treatment as a result of "domestic cause" and to a specific question put by the Court as to what she meant by "domestic cause" she gave a reply that there was a demand for money for defraying expenses of manure etc
Ratio of the decision
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No other interpretation is permissible
Statute
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On or about 17.3.1997, however, they began receiving a salary of Rs.1500/- per month
Facts
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Prima facie,therefore,a private person or an incorporated company cannot be taken out of the sweep and the contemplation of Article 226 of the Constitution
Ratio of the decision
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Shah Mathuradas case 1976 Indlaw SC 400 (supra) was that where the respondent had executed a mortgage in favour of the appellant respecting a premises of which he was a tenant
Precedent
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In fact the two authorities are interchangeable
Precedent
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yield; income; receipts; return
Argument
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Our attention has also been drawn to a letter dated 7.October.2003 addressed by all the Appellants to the Office of the Custodian wherein the attention of the Custodian was drawn to the fact that all the documents relied upon by him had not been permitted to be inspected and he was requested to forward a report prepared by the Chartered Accountants in respect of the individual addressors of the letters
Ratio of the decision
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a) all lands required by the appropriate authority
Statute
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Rang 343
Ruling by Present Court
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Heard Mr
Facts
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In the present case,the findings recorded by the learned Single Judge on examination of the facts available is that there had been a canteen within the premises of the appellant up to the year 1982 and it is only from 1982 onwards the management of the canteen has been entrusted to a private contractor; that even after change of the contractor,the canteen workers have continued to be the same irrespective of the change in the contractors from time to time; that wages were paid to the workmen in the canteen by the management through the contractor; that the appellant has provided the accommodation,furniture,fuel,electricity,utensils,etc
Ratio of the decision
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In my opinion,very long enduring and a signal service she has done to me and to my literary works is,in writing a bibliography of all my books-a highly meritorious and scholarly work involving so much of pains taking research,that it has been acclaimed and rated as the first of its kind in Kannada and highly appreciated by Critics and Scholars
Facts
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After exhausting the exercise the remaining candidates awaiting appointment would continue to be temporary until they get due placement or fixation of their seniority
Ruling by Present Court
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It was argued that the question,as to whether appointments were made without the knowledge of the Department or for that matter whether any record was available there for was of not much significance as in effect and substance they lead to the same inference and in that view of the matter,the decision of this Court in Mohinder Singh Gill 1977 Indlaw SC 53 (supra) was not attracted
Argument
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pre-tax return' means profits before payment of incometax and sur-tax and includes such other expenses as do not form part of the cost of formulations
Statute
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In view of the appellant's conduct,it was taking advantage of its own wrong
Facts
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The process of finalizing the bids according to law may be proceeded ahead by the Special Court
Facts
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For the reasons aforementioned,the appeal is dismissed
Ruling by Present Court
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ISSUES
Ratio of the decision
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Malini Mallya and she alone shall be entitled to receive royalties of all my books and she shall be entitled to print,publish and republish and market the same
Facts
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The Company being aggrieved preferred a Civil Misc
Facts
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