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Of course a Court has the power to depart from the grammatical construction if it finds that strict adherence to the grammatical construction will defeat the object the Legislature had in view
Statute
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Hence I suspect the entry and order to cancel the copy of the tenancy issued in favour of Sri Modh
Facts
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It is therefore apparent that the weapon had indeed been fired by the appellant from a close range and that the blackened portion around the wound had been removed by Dr. Sanjay Uppal
Ratio of the decision
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Jora Singh and Gurdeep Singh immediately removed Ujjagar Singh to the Civil Hospital, Dhuri in the jeep belonging to Kulwant Singh PW4
Facts
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In the present case,there is no evidence of assignment or licence from M/s
Ratio of the decision
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This is the controversy which needs to be resolved in this case
Ratio of the decision
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The ground of challenge under S.25(1) is identical to S.25(2) of the said 1970 Act
Ratio of the decision
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The comparative table of existing pay scales and the revised pay scales has been reproduced earlier
Ratio of the decision
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He submitted that since there was violation of the provisions of S. 162 of the CrPC, the accused-appellant is liable to be acquitted
Argument
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It is,therefore,not under-standable how the Director had given a contrary opinion to the State Government
Ratio of the decision
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He observed: "We think that unless, by the terms of a 'particular statute, or order, price fixation is made a quasi-judicial function for specified purposes or cases, it is really legislative in character in the type of control order which is now before us because it satisfies the tests of legislation
Precedent
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The cause of action is continuous from day to day till the impugned registration is cancelled/rectified
Facts
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therefore, any restriction in excess of what would be necessary in the interest of general public or to remedy the evil has to be very carefully considered so that the producer does not perish and the consumer is not crippled
Precedent
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This Court's observations in G. B. Mahajan v. Jalgaon Municipal Council, AIR (1991) SC 1153 1990 Indlaw SC 438 are kept out of lush field of administrative policy except where policy is inconsistent with the express or implied provision of a statute which creates the power to which the policy relates or where a decision made in purported exercise of power is such that a repository of the power acting reasonably and in good faith could not have made it
Ratio of the decision
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The three observations made by us are well-settled and wellfounded on authority
Ratio of the decision
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S. 299 defines culpable homicide as the act of causing death; (i) with the intention of causing death or (ii) with the intention of causing such bodily injury as is likely to cause death or (iii) with the knowledge that such act is likely to cause death
Statute
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The hearing of the matters was,therefore,adjourned to March 18,1994,on which date the questions requiring consideration by this Bench have been reframed to highlight the several aspects of the claims put forward by the petitioners
Ratio of the decision
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When the eyewitnesses are stated to be interested and inimically disposed towards the accused, it has to be noted that it would not be proper to conclude that they would shield the real culprit and rope in innocent persons
Precedent
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The statement annexed to the affidavit of the Custodian showed individual break-up and in that view of the matter the net asset picture of each individual of the Appellants herein on individual basis and the effect thereof, in our opinion, should have received serious consideration at the hands of the learned Special Court
Ratio of the decision
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9 SCC 696 2012 Indlaw SC 343
Ratio of the decision
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The court has, in addition, to ascertain whether his evidence has been corroborated sufficiently in material particulars
Ratio of the decision
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A learned Single Judge of the Delhi High Court,however,refused to stay the operation of the order of the Board dated 27.10.2004.An appeal was preferred there against
Facts
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The ceiling price will be determined taking into account the production costs and a reasonable return for the units which are the market leaders
Ratio of the decision
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It is difficult for us to say that the detaining authority would have come to the subjective satisfaction solely on the strength of the confession attributed to the petitioner dated 7-11-1999,particularly because it was retracted by him
Precedent
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S. 300 IPC, however, deals with murder although there is no clear definition of murder provided in S. 300 IPC
Statute
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f)Whether the registered trade mark has lost its distinctiveness and is liable to be removed under section 32(c
Facts
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It must be borne in mind that the provision has nothing to do with the question of relevancy
Ratio of the decision
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Now here,as in all procedural laws,certain things are regarded as vital
Precedent
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Raju,learned counsel appearing on behalf of the appellants and Mr
Ratio of the decision
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P.Thankaraja
Argument
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It is made clear that the undertaking is without prejudice to the petitioners' right to take appropriate directions from the Supreme Court if so advised in this regard
Ruling by Lower Court
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Firstly,even if the letter dated 24.4.1974 was not served on the respondent there is no dispute that the Superintending Engineer's letter dated 18th April,1974 had been served on him
Ratio of the decision
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That decision does not take note of the fact as to the nature of the functions that a person or an incorporated company should be performing to attract judicial review under Article 226 of the Constitution
Ratio of the decision
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The object in saying what has been set out in the first charge was only to give notice to the respondents as to the ambit of the conspiracy to which they will have to answer and nothing more
Ratio of the decision
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In our opinion,it is not necessary in this case to go into details about facts in the various decided cases dealing with importer's marks
Precedent
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The appeal is allowed with costs
Ruling by Present Court
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We would proceed to examine each of the pieces of incriminating circumstantial evidence so as to find out if each one of the circumstantial evidence is proved individually and whether collectively it forges such a chain of incriminating circumstances as would fasten the guilt on the accused beyond by shadow of reasonable doubt
Ratio of the decision
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We may also make a reference to a decision of this Court in C.Chenga Reddy and Ors.v
Precedent
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Reg..4(2
Statute
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S.52 contemplates issuance of a notice in a prescribed manner and in the prescribed form
Ratio of the decision
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In that case the question was whether a person who was first tried for an offence under s. 380, I.P.C. for stealing a blank second class railway ticket from the booking office, tried, for it and acquitted, could not be tried subsequently for the offence of forgery by making entries in that ticket and using it
Ratio of the decision
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But he must be in possession of the property on the crucial date i.e.when
Precedent
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The detaining authority moreover while relying on the said documents in one part of the order of detention could not have stated in another part that he was not relying thereupon
Ratio of the decision
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In the present case,we find that there was no mis-representation on the part of the auction purchasers; they deposited the total auction amount within the time stipulated
Ratio of the decision
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A litigant who approaches the Court is bound to produce all documents which are relevant to the litigation
Ratio of the decision
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It was also contended that the High Court had not considered the contradictions in the earlier statement made by some of the witnesses to the Military authorities and that it relied on many of the documents for affirming the conviction of the Appellant without their actually being put to, him under Section 342
Argument
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Treating them to be temporary as shown in the seniority list prepared by the State is in utter contempt of the directions in Joshi case1
Argument
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The take-over of the forests of the appellant was effected as early as 1960 and 16 years have passed without the intermediary being out of the litigative woods
Ratio of the decision
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She was given a present right of future enjoyment in the property
Ratio of the decision
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supra),this Court held that whoever holds civil posts would be entitled to protection of their services in terms of Cl.(2) of Art.309 of the Constitution of India in the event any disciplinary action is taken against them stating: "The underlying idea obviously is that a provision like this will ensure to them a certain amount of security of tenure
Precedent
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He is acquitted of the charges framed against him
Ruling by Present Court
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Plaintiff -respondent admittedly claimed copyright in respect of 'literary and artistic works' in her favour in terms of clauses 11 and 12 of the said Will dated 18.6.1994,which read as under: "11 Since I left the house 'suhasa' I have been living in a specially built house "Manasa" of Smt
Facts
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We are further of the opinion that the Court of Small Causes was right in the view it took
Ruling by Present Court
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On the basis of findings so recorded by the Civil
Facts
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Jaya Ghosh (2007) 4 SCC 511 2007 Indlaw SC 1000 and Satish Sitole
Precedent
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Administration and administrative adjudication may also be of general application and there may be legislation of particular application only
Ratio of the decision
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No doubt in the evidence of the plaintiff P.W. 1 states that he was evicted from the lands without giving him an opportunity to remove the improvements, and in cross-examination he was asked whether he was not given any notice prior to the dispossession and he said that certainly no notice was, received
Ratio of the decision
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Considering the fitment of the workman in the revised scales,it was stated in the award that a workman found drawing a salary less than the beginning of the grade would be stepped up to the beginning of the grade and if his pay fell between two steps in the reclassified pay scales the basic pay was to be fixed at the step higher in the revised scale
Ratio of the decision
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PJJ prepared by the investigating officer Inspector Harjinder Pal Singh PW14 on 10th November 2002 that the weapon is shown lying close to the place where the appellant had been found unconscious and a spent cartridge recovered from near the dead body of Mukhtiar Kaur
Ratio of the decision
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SC 718 1967 Indlaw SC 411 and Turner Morrison and Co. Ltd. v. Hungerford Investment Trust Ltd., [1972] 1 SCC 857 1972 Indlaw SC 190
Precedent
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Firstly,the writ of certiorari is an exercise of its original jurisdiction by the High Court; exercise of supervisory jurisdiction is not an original jurisdiction and in this sense it is akin to appellate,revisional or corrective jurisdiction
Precedent
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It was suggested that an agreement may be signed between them for the period from 1st September,1998 until the matter was finally decided by the appellant under the tender,on the existing terms and conditions with the charter hire being provisionally paid on ad hoc basis at 90% of the rate which was prevailing under the existing Charter Party
Ratio of the decision
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6) The failure to give notice under this section s not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case,an Inspector may either of his own motion or on an application made to him by the woman,order the payment of such benefit of amount within such period as may be specified in the order
Statute
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The expectation may arise either from a representation or promise made by the authority, including an implied representation, or from consistent past practice
Ratio of the decision
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The State of Andhra Pradesh has come up before this Court in appeal by obtaining special leave under Art
Facts
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Indeed, the very expression 'so far as may be' empha- sises the fact that while the earlier provisions have to be borne in mind by the Court while applying s. 239 it is not those provisions but the latter which is to have an overriding effect
Ratio of the decision
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In that suit the appellant, after his application for registration was rejected, sought to get himself impleaded, but that application also was rejected
Facts
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In other words,the mistake of the predecessor should not be visited with non-use of the present registered owner
Ratio of the decision
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Before the High Court a controversy was raised as to whether the registered letter dated 24.4.1974 addressed by the Superintending Engineer to the respondent was received by him or not
Ratio of the decision
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The appellants seek to challenge the said judgment and order of the Gujarat High Court in this appeal
Facts
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Que
Facts
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The next point is a formidable one
Ratio of the decision
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The contention of the Appellants that they being not involved in offences in transactions in securities could not have been proceeded in terms of the provisions of the Act cannot be accepted in view of the fact that they have been notified in terms thereof
Ratio of the decision
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The prosecution has not been able to establish the case against A-10 beyond a reasonable doubt and is our opinion he is entitled to the benefit of the doubt
Ratio of the decision
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I have also pointed out that the statute which came to be enacted in England in 1875 and the subsequent statutes did nothing more than to embody the rights in relation to trade marks which were already laid down by the Courts of Equity
Precedent
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The subsequent incumbent to the post of District Magistrate 24 Parganas,who became the Receiver by virtue of his official position had no further jurisdiction to re-deliver possession of the Nalban Fishery to the State of West Bengal and the comments already made by the High Court on the report of the subsequent Receiver sufficiently indicate how he had acted with the bias mind and consequently the Nalban Fishery having not vested in the State of West Bengal under the Acquisition Act,the decree passed by the Supreme Court on 18.4.1979 remains operative
Ratio of the decision
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they could not be tried jointly
Ruling by Lower Court
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C.), has really no bearing upon the point before us
Ratio of the decision
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Being aggrieved by the aforesaid judgment and order of acquittal the State filed an appeal in the High Court against Accused Nos
Facts
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The land was taken possession of under a panchanama dated 12th of September,1963.According to the High Court the documents discussed in the judgment indicated that Shaik Hussain was a tenant from 1935.After his death on July 18,1949,his son Mohd
Facts
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