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Thereafter,the State Government constituted a committee under the Chairmanship of Chief Secretary,Government of U.P.vide office memorandum dated 12.9.2007 to evaluate and consider the shifting of prisons identified to be shifted in the first phase
Facts
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Cal 1024.), upon which reliance is placed by the High Court in support of its view is also to that effect
Ratio of the decision
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We would further observe that the State should determine the amount of compensation which the Sarkar family is entitled to under the relevant provisions of the Act under which Nalban Fishery vests with the State of West Bengal and the compensation amount be paid on being determined in accordance with the law to the family members of Sarkar family in whose favour Nalban Fishery had been allotted under the compromise decree by this Court
Ruling by Present Court
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i) whether a jagir is proprietary or non-proprietary, (ii)whether any land is Ghatked or Jiwai,or (iii)whetherany person is a permanent holder
Statute
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On February 12, 1952 the respondent No
Facts
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But it also provides that this will be subject to the exceptions contained in SS
Statute
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Above being the position, decision of the High Court by placing reliance on the files to hold that the withdrawal was justified, is not tenable in law and in the fitness of things, the High Court should hear the matter afresh and taken decision on those two issues
Ratio of the decision
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The cost of living had gone on increasing from 1972 onwards and,as the Tribunal has found,the dearness allowance and house rent allowance made no appreciable impact in neutralising the increasing cost
Ratio of the decision
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In fact,there is no dispute to the fact that the deceased died of hanging
Ratio of the decision
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he learned counsel argued that there were several patent errors which came to light during the course of the hearing in the High Court
Argument
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The trial court framed charges against all the accused persons for the offence under Sections 302, 323, 143, 147 and 149 of the IPC
Facts
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This decision only decides that case and is not very relevant in this enquiry
Ratio of the decision
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We refused to hear the counsel as we had already completed hearing
Ratio of the decision
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3.Letters dated 14 December 1984 and 15 November 1985
Argument
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Raju,the learned counsel appearing on behalf of the appellants,however,contended before us that it was not open to the High Court,in the exercise of its revisional jurisdiction under Section 121A of the Act,to interfere with the concurrent findings of fact arrived at by the appellate authority and the Land Tribunal
Argument
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The Court reiterated that there was surfeit of evidence to declare that Abdul Khader was a tenant
Facts
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The fact of which evidence is sought to be given must be relevant to the issue
Ratio of the decision
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Further the said respondents had been recovering the cost of production well in advance of the serial episodes being actually produced
Facts
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of India
Facts
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As regard the claim of 'equal pay for equal work', the learned counsel would urge that the High Court has failed to consider the same in its true perspective
Argument
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A Second Appeal followed before the Board of Revenue which was dismissed
Facts
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In coming to the conclusion that the provisions of various clauses of s. 239 cannot be applied cumulatively the High Court has relied upon the decision in Re: Vankavalapati Gopala Rao 1956 AIR(Andhra) 21
Precedent
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Although before the High Court,the principal ground urged on behalf of Appellant in questioning the legality or validity of the order of detention was unexplained delay in passing the order of detention which did not find favour with the High Court
Argument
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As we have seen above,an intra-court appeal against the judgment of a Single Judge in a petition u/art.226 is not barred while cl.15 itself bars an intra-court appeal against the judgment of a Single Judge in a petition u/art.227
Precedent
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2.Whether
Ratio of the decision
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The Drugs (prices Control) Order, 1979 was made pursuant to this Statement of Policy
Statute
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PC.,the minimum sentence being six months and of the fact that he had suffered custody for more than six months,the course adopted by this Court is perfectly in order and the same cannot be applied to the case on hand,wherein the appellant had undergone only 52 days when the minimum sentence was six months u/s.7 and one year u/s.13
Ratio of the decision
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Therefore,under Chapter XIII a clear distinction is made between the State Government and the Registrar
Precedent
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M/s
Facts
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No. 202
Ratio of the decision
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To this limited extent entries -in the account books are relevant and can be proved
Ratio of the decision
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In our opinion, where a witness has to depose to a large number of transactions , and those transactions referred to are or mentioned either in the account books or in other documents there is nothing wrong in allowing the witness to refer to the account books and the documents while answering the questions put to him in his examination
Ratio of the decision
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He did not file objections for re-allotment and did not participate in the proceedings following acquisition instituted by the authorities under the Act
Ratio of the decision
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1992 Indlaw SC 107),it was pointed out that great care must be taken in evaluating circumstantial evidence and if the evidence relied on is reasonably capable of two inferences,the one in favour of the accused must be accepted
Precedent
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They were married in the year 2002 and she committed suicide by hanging on 15th
Ratio of the decision
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The application calling for the production of the documents was for the years 1987 to 1992
Precedent
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There is therefore no basis for sanction for a charge under Section 5(1)(c
Ratio of the decision
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The appellants filed on the 31st May, 1951, an application for leave to prefer an appeal to this court against the said judgment and decree of the High Court at Calcutta
Facts
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The very object of this provision is to allow pardon to be tendered in cases where a grave offence is alleged to have been committed by several persons so that with the aid of the evidence of the person pardoned the offence could be brought home to the rest
Argument
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We have already considered the findings made by the High Court while setting aside the concurrent orders of the tribunals below and found that the same appear to be well merited and in accordance with the material evidence on record,therefore,this Court would not interfere with the order of the High Court u/art.136 of the Constitution
Precedent
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The actual decision of the case is, however, directly opposed to the contention now put forward before us
Ratio of the decision
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The trial court raised as many as 12 issues and they are as follows: "1."Is it proved that this Court has no pecuniary jurisdiction to entertain and try this suit
Facts
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The accused did not avail the opportunity and stood short by simply stating that the statement of cinema owner was not correct
Ratio of the decision
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Further,the interpretation given should be one which would avoid absurd results on the one hand and would further the object and cause of the law so enacted on the other
Ratio of the decision
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Having regard to the order that we intend to make,we are not persuaded to accept the objection raised on behalf of the first respondent that present appeal preferred directly before this Court from the impugned order passed by the IPAB is not maintainable and must be dismissed as such
Ratio of the decision
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By reason of the provisions of the said Act, application of Standard Standing Orders to undertakings has been provided in terms whereof the matters to be provided in the Standard Standing Orders have been specified
Statute
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The difference between cl
Precedent
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The widow cannot be held to have been given a full Hindu widow's estate under the will unless it can be said that under its terms she was given the power of alienation for necessary purposes, whether in express terms or by necessary implication
Ratio of the decision
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Learned counsel for the appellant submitted that the order of this Court is very clear and the conclusions of the High Court that merely limitation was waived is contrary to the clear terms of the earlier order of this Court
Argument
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It appears that for the purpose of implementing the provisions of the Act the competent authority (Collector of District Sabarkantha) held an inquiry into the question whether the respondent's Jigir was proprietary (involving any right or interest in the soil) or non-proprietary (involving mere assignment of land revenue or rent due to Government) under s.2 (4) (i) of the Act and having regard to the documentary and other evidence led before it,the competent authority by its order dated September 8,1959,held that the Daljitgarh Jagir of the respondent was a proprietary jagir
Facts
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The Board has taken the view that the period of five years and one month will begin to run from the date on which Thukral became the proprietor of the trademark,that is,30th May,1986 and,therefore,the rectification application could have been filed by the appellant only sometime in 1991.Opining that an application for rectification against the appellant within a period of seven and a half months from the date of assignment of the trade mark was not maintainable,the application was dismissed
Facts
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The High Court recorded the following findings on the factual aspects
Facts
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His evidence has to be considered in the background of what has been stated by PW 22 and CW 1.It has been accepted by the prosecution that great efforts were made by PW 40 to falsely implicate to PWs 1 to 4 and for that purpose a departmental proceeding was initiated
Facts
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We have listened with patience to all his submissions, good, bad and indifferent
Ratio of the decision
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A premium given for a loan or a charter or other privilege granted to a company; as, the bank paid a bonus for its charter; a sum paid in addition to a stated compensation
Precedent
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The term of the managing agency was renewed in 1943 and AECO con- tinued to be managing agents until the VESCO was taken over by the Government in 1952
Argument
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Therefore,as per the Gujarat Town Planning and Urban Development Rules,1979 rule 33 the undersigned in exercise of powers conferred below s.68(1) and 8(2) of the Bombay Provincial Municipalities Act and below the s.68 notice under the Gujarat Town Planning and Urban Development Act this is to inform you that as shown in the sketch on the reverse the premises marked should be vacated within 7 days from receipt of the notice and had over the possession to the Surat Municipal Corporation
Facts
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It was further contended that Nagendra, by virtue of the award dated the 12th October, 1920, claimed to be absolutely entitled to the premises
Argument
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Section 85A,as it stood before the amendment of this Act by Gujarat Act No.5 of 1973 w.e.f.3rd March,1973
Statute
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Accused No. 1) u/s
Ruling by Lower Court
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It is conceived in the interests of the general consumer public
Ratio of the decision
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No.185 of 2004 be set aside and appropriate orders be passed in this appeal
Argument
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We do not think that the approach of the learned author is entirely correct
Ratio of the decision
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No.641 of 1991,this Court on June 6,1991 directed to convert the writ petition as a contempt case for non-implementation of the direction issued in K.C.Joshi case' which was numbered as Contempt Petition No.164 of 1971.When
Facts
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An aggregate sum of Rs
Facts
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I to maintain a private note book
Facts
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Whatever movable properties,books,fittings,furniture,utensils etc.belonging to me into this house 'Manasa' and my Car and cash money in hand after my death shall go to Smt
Facts
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As such,all said and done,Oil Co-ordination Committee s proposal was not accepted
Facts
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A registered proprietor of a trade mark should not be permitted to circumvent the law of user of the trade mark for a long time by assigning the same from time to time
Ratio of the decision
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Mehta
Ratio of the decision
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Two interpretations thereto which are possible are: (1) the said words would denote non-use of the trade mark in relation to the goods by the appellant for a period of five years or longer; and (2) The mark had not been used for a period of five years or longer either by the present proprietor thereof or his predecessor
Ratio of the decision
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In the result,the appeal succeeds insofar as A-10 (appellant No.4) is concerned
Ratio of the decision
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The appellants filed on the 18th August, 1950, an appeal against this judgment being Appeal No. 118 of 1950
Facts
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In the case of State of A.P. v. Rayavarapu Punnayya, (1976) 4 SCC 382, 1976 Indlaw SC 192 this Court observed as follows at page 386: "12
Precedent
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State of Tamil Nadu & Ors.[2005 (9) SCALE 534 2005 Indlaw SC 748] struck down an order of detention on the ground that the relevant material had been withheld from the detaining authority; which in that case was a letter of the detenu retracting from confession made by him
Precedent
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that we mentioned earlier and a post-decision hearing after the making of an administrative or quasi-judicial order
Ratio of the decision
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It obtained licences from the Government under the Electricity Act for supply of electrical energy to Visakhapatnam, Anakapalli and some other places
Facts
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We are satisfied that the procedure followed by the Government in furnishing the requisite particulars at the time of the hearing of the review applications is sufficient compliance with the demands of fair play in the case of the class of persons claiming to be affected by the fixation of maximum price under the Drugs (prices Control) Order
Ratio of the decision
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This is necessary to exclude the likelihood of any innocent having been picked up and branded as culprit and then the gravity of the offence arousing human sympathy persuading the mind to be carried away by doubtful or dubious circumstances treating them as of 'beyond doubt' evidentiary value
Ratio of the decision
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A.I.R.1972 Gujarat 6 1970 Indlaw GUJ 68.Thakkar,J.of the Gujarat High Court,as the learned Judge then was,held that the mere fact that a tenant entered into a partnership and allowed the premises being used for the benefit of partnership does not constitute assignment or subletting in favour of the partnership firm entitling a landlord to recover possession
Ratio of the decision
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112 of 1100 M.E. and the appellant was therefore not entitled to claim any value for improvements as it was his duty to remove any building before he was evicted
Argument
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the order was passed by the District Revenue Officer who held that Abdul Khader was not a protected tenant
Facts
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Addisons Paint & Chemicals Ltd.(2003) 11 SCC 92) 2003 Indlaw SC 756 and (2) Kabushiki Kaisha Toshiba v
Argument
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Sri T.L.Vishwanatha
Argument
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I,therefore,agree with the learned Advocate General that all that the Trade Marks Act has done is to facilitate the mode of proof
Ruling by Present Court
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Mr
Argument
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Applying the ratio of the above judgment to the present case,it is clear that grant of registration certificate under the Trade Marks Act will not automatically provide benefit of exemption to the SSI Unit
Ratio of the decision
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Taking into consideration the aforesaid factor while working out equities,it would,therefore,be appropriate to direct the State to pay interest at the rate of 6% on the amount to be refunded as per the High Court's order with effect from 27th April,2001 and 3rd
Ratio of the decision
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This clearly shows the intent of the legislature that these expressions are of wide meaning and scope
Ratio of the decision
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During the investigation,an identification parade was got conducted through the Executive Magistrate,PW-32 when Baban Karpe (PW-9) and other prosecution witnesses identified the assailants
Facts
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The distinction although appears to be attractive at the first blush but does not stand a moment's scrutiny
Ratio of the decision
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The Magistrate before whom the enquiry or trial is proceeding or the District Magistrate would be the only authorities competent to grant a pardon in such a case
Ratio of the decision
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Sub-s
Statute
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In law this term is used to express that defence in a criminal prosecution, where the party accused, in order to prove that he could not have committed the crime charged against him, offers evidence that he was in a different place at that time
Ratio of the decision
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Speaking for the Bench one of us -(Dr
Precedent
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Objection was taken very seriously by Mr. Bhimasankaram to the charge of conspiracy framed in this case
Argument
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P.C., the appellant preferred an appeal putting in issue his conviction and sentence
Facts
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The distinction between an essential bulk drug included in the schedule and a bulk drug not so included in the schedule, which was made in 1970 Drugs (prices Control
Ratio of the decision
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He participated in the identification parade,which was held in Sub Jail,Bemetara,and identified the accused persons in the court by touching them
Facts
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Dr
Precedent
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context