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As has been stated earlier the possession which was taken by the earlier Receiver was a symbolical one and factually the State had not been divested of its possession which it took on 8.11.1969.In our considered opinion the succeeding Receiver rightly took into account the directions of this Court passed on 18.4.1979 and 24.4.1979 and rightly took the view that the rights and interest of the State in relation to Nalban Fishery is not affected in any manner by the so-called allotment of the fishery in the partition decree amongst the members of the Sarkar family
Ratio of the decision
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Grey Street, were its absolute properties and for possession thereof, for a declaration that the consent decree dated the 24th November, 1910, in Suit No
Facts
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The opening words of the section show that it is an enabling provision and, therefore, the Court has a discretion to avail itself cumulatively of two or more clauses
Statute
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the registered proprietor of the trademark used it at all
Facts
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He pointed out that presumably pursuant to this determination,the Mamlatdar,Idar,had passed an order on November 24,1959,that the respondent's right to stones and gravel in the two villages of Kapoda and Isarwada,though not to mica,had been recognised by the Government and accordingly the necessary entry pertaining to respondent's right to stones and gravel had been made in the relevant revenue records at least in the case of village Kapoda and had been duly certified
Argument
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That is not ruled out
Ratio of the decision
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He then went to the house of the appellant and saw Bhimabai lying with froth coming out of her mouth
Facts
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6.Do
Facts
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They also assaulted Baban Karpe (PW-9) and Popat deceased,who had run away to the Math,after chasing them in the auto rickshaws and the jeep
Facts
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However,there is no material on record to show that the canteen is located in such an area where it would be hazardous to have a fire,furnace,source of heat or light to cook food
Ratio of the decision
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He said that obsolete quantitative usages had been taken into consideration, proximate cost data had been ignored and the data relating to the year ending November, 1976 had been adopted as the basis
Argument
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But it nevertheless may also include, as here, payments made because legally due but which the parties contemplate will not continue indefinitely", and in National Association of Local Government Officers v. Bolton Corporation, [1943
Precedent
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Crl. A
Ratio of the decision
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Similar view was expressed by this Court in Yashoda v
Precedent
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Applying the above tests to the present case,we find that by Patents (Amendment) Act,2005 for the first time a dichotomy was inserted in the Patent Law by providing vide S.25(1) for "opposition to pre-grant" and vide S.25 (2) for "opposition to post-grant" of patent
Ratio of the decision
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Charterers to give owners 15 days notice to probable port of re-delivery
Statute
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In the present case,the child witness has been found to be reliable
Ratio of the decision
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Previously,there was no "post-grant opposition".Previously,the only provision of challenge by an interested party was a "pre-grant" challenge under S.25 (1) as it then stood
Ratio of the decision
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The liabilities of the Appellants, in view of our findings aforementioned, are required to be considered afresh by the learned Judge, Special Court
Ratio of the decision
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the clause of the partnership deed provided that there should be a fixed percentage of profit to be given to the partner-appellant No.1.The appellant was not to share the losses
Ratio of the decision
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I.In the above case this Court referred to the various provisions of the AICTE Act and on the question of repugnancy held as follows
Precedent
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Whenever,a public servant is transferred he must comply with the order but if there be any genuine difficulty in proceeding on transfer it is open to him to make representation to the competent authority for stay,modification or cancellation of the transfer order
Ratio of the decision
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However,the expression would normally imply that there has to be reasonable time gap between t he cruelty inflicted and the death in question
Ratio of the decision
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It,therefore,can be taken away only when the conditions laid down therefor are satisfied
Ratio of the decision
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3 and 4 are Diploma holders in Civil Engineering
Facts
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s. 224 deals with the interpretation of the language of the charge and s. 225 with the effect of errors in the charge
Statute
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Three sections viz
Precedent
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the Act was enacted to consolidate and amend the law relating to the making and execution of development plans and town planning schemes in the State of Gujarat
Ratio of the decision
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The learned Judge, Special Court, in this behalf, having regard to the fact that several orders of Best Judgment Assessment have been passed by the Assessing Authority, may take into consideration the ratio laid down in the decision of this Court in Harshad Shantilal Mehta
Ratio of the decision
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against the shebaits on the idol's behalf and, in the present case, it may be said that the acts of the shebaits must have I been notorious in the family
Precedent
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Had the letters of appointment been issued, the Appellants themselves could have produced the same
Ratio of the decision
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The appellants,however,were convicted and sentenced in the manner as already noticed
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Naresh Tiwari and Dr
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He further stated that Injury No. 1 was sufficient to cause death in the ordinary course of nature
Ratio of the decision
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The First Information Report was lodged by P.W.1 on 24-4-2003 at about 9.30 A.M.It was indicated in the First Information Report that on 24.4.2003 at 9.00 A.M.,while the informant had gone to perform pooja in the first floor of the house,he got foul smell in the last room of the first floor and found blood seeping through the front door
Facts
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8 SCC 705 2007 Indlaw SC 554,wherein this Court construed the status of a person's right to property after deletion of Art.19(1)(f) from Part III.By referring to various international covenants,namely,the Declaration of Human and Civil Rights,this Court held that even though right to property has ceased to be a fundamental right but it would however be given an express recognition as a legal right and also as a human right
Precedent
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It is not relevant for the purpose of S.46(1)(b) whether the bicycles were manufactured with the assistance of technical know-how passed on by Sen Raleigh or the permitted user
Ratio of the decision
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Once the appellant's counsel was confronted I with this proposition, he tried to raise an entirely new point, namely, that no notice of eviction was given to the appellant, and if such a notice had been given to him under s. 9, he would have cut the trees and taken them away, within the time allowed for him to vacate the lands
Ratio of the decision
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The element of applicability has been emphasized by others as the key in differentiating legislative from judicial functions
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In K.R Beri and Co.vs
Precedent
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Therefore, we have refrained from expressing any opinion as to whether the appellants could be held guilty of having committed the offence under Section 498-A or 306 IPC on the basis of evidence available on record as their acquittal under the aforesaid charges has attained finality and cannot be reversed in the appeal filed by the appellants challenging their conviction under Section 304-B IPC
Ratio of the decision
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3 = cm x
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Question (2
Ratio of the decision
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Injuries were found to be antemortem in nature,and the cause of death was stated to be asphyxia,as a result of hanging
Ratio of the decision
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Ashok Hurra [AIR 2002 SC 1771 2002 Indlaw SC 1966],this Court held as follows: "From the aforesaid enunciation of law it is quite vivid and luminescent that the pleadings in the writ petition,nature of the order passed by the learned Single Judge,character and the contour of the order,directions issued,nomenclature given the jurisdictional prospective in the Constitutional context are to be perceived
Precedent
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Wade says that while futile writs may not be issued,a distinction has to be made according to the nature of the decision
Precedent
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In Surya Dev Rai v
Precedent
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1967 (2) SCR 77], 1966 Indlaw SC 120
Precedent
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S. 234
Statute
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Sharda Prasad Tripathi came home from his clinic,found that his daughter-in-law Bhavna Tripathi has been murdered
Facts
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It was held that Suraj took only a life estate under the will, with remainder over to Mahalaxmi after her death and the bequest to Mahalaxmi was not contingent on her surviving Suraj, but that she took a vested remainder which upon her death passed to her heirs
Precedent
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Provided further that where a woman,having delivered of a child,dies during her delivery or during the period of six weeks immediately following the date of her delivery,leaving behind in either case the child,the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period,then,for the days upto and including the day of the death of the child
Statute
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The Labour Court did not draw any adverse inference
Ratio of the decision
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This Court,referred to the Supreme Court Rules,1966 which have been framed u/art.145 of the Constitution and also considered scope of its power u/art.142 as well as Order 47
Argument
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It was conceded before the Trial Court and no attempt was made to establish anything to the contrary before the High Court that no notice of forfeiture as required under s. 9 was given to the appellant
Ratio of the decision
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He failed to discharge the same
Argument
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Section 70 of the BT & AL Act to which we have adverted already imposes a duty on the Mamlatdar to decide whether a person is an agriculturist or a tenant or a protected tenant or a permanent tenant when such person claims to be so under that Act
Ratio of the decision
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He further submitted that paragraph 27 of the Central Order gave a remedy to the manufacturers to seek a review of the order fixing the maximum price under paragraph 3
Argument
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The statements of Appellant and the said Prabhjot Singh were recorded therein in extenso
Ratio of the decision
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The mark can be originated by a person or can be acquired,but in all cases it is necessary that the person putting forward the application should be in possession of some proprietary right which,if questioned,can be substantiated
Precedent
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I and if it is only a case of knowledge and not the intention to cause murder and bodily injury, then the same would be a case of S. 304 Part II
Statute
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There could be no two opinions on it
Precedent
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U.P.State Law Officers Association and Others [(1994) 2 SCC 204 1994 Indlaw SC 1289] stating: "The reliance placed by the respondents in this behalf on Shrilekha Vidyarthi v
Precedent
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The investigating officer was also informed
Precedent
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Shri Robert Shaiza was instructed to take care
Facts
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Thereafter,this Court further examined whether the material on record would show that the workmen are employees of the management for all purposes and adopted some of the tests as follows
Ratio of the decision
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State of Haryana and Others [(1997) 2 SCC 712 1996 Indlaw SC 1725],termination of an order of promotion in favour of the appellant was not interfered with by this Court as the same had not been approved by the DIG,being the competent authority
Precedent
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It was not lost by reason of assignment as was contended by the learned counsel
Ratio of the decision
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The said observation equally supports the conclusion that the learned Judge was not inclined to interfere u/arts.226 and 227.As seen earlier,he was considering the aforesaid writ petition moved u/art.226 as well as Art.227 of the Constitution of India
Precedent
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Kay Aar Biscuits (P) Ltd.was using the aforestated trade mark "Meghraj" for the manufacture of biscuits
Facts
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emphasis supplied
Precedent
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At least on ground that the tenant is in occupation,it would not be a case for interference with the scheme which is sanctioned and made a part of the statute
Ruling by Lower Court
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The meaning and true import and concept of arbitrariness is more easily visualized than precisely defined
Ratio of the decision
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There is no doubt that conviction can be based solely on circumstantial evidence but it should be tested by the touch-stone of law relating to circumstantial evidence laid down by the this Court as far back as in 1952
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March 30,1974 to May 27,1974
Facts
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this Court confirmed a sale in favour of the Appellant therein who was a stranger to the suit being the auction purchaser of the judgment-debtor's immovable property in execution of an ex parte money decree in terms of Order XXXI Rule 92, Civil Procedure Code
Precedent
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P. 24
Ratio of the decision
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Judged by that standard,we are of the opinion that the High Court in this case had exceeded its jurisdiction
Ratio of the decision
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It is well-settled that what cannot be done directly cannot be done indirectly
Precedent
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He was also to be the Chairman of the Departmental Promotion Committee for non-ministerial post of the Revenue Department
Facts
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The charge must also contain the particulars of date,time,place and person against whom the offence was committed,as are reasonably sufficient to give the accused notice of the matter with which he is charged
Ratio of the decision
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He submitted that since the investigation in the instant case was started by the police without recording an FIR, such an FIR is necessarily hit by the provisions of S. 162 of the Cr
Argument
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The AICTE's approval dated 30.4.95 showed that the approval had been given by the State Level Com-mittee of which they were obviously members
Ratio of the decision
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The Union of India is entitled to the costs of the appeal and the writ petition in the High Court
Ruling by Present Court
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Mr. Ashok H. Desai, learned senior counsel appearing on behalf of the Custodian, on the other hand, would, inter alia, submit
Argument
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It is true that since after 4th of October,1960 the partnership firm was carrying on business in the premises in question
Ratio of the decision
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The appellant objected to that application but the High Court on 1st April,1985
Facts
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If the expenses were less,the petitioners did not ask for a refund and the profit or loss was entirely of the respondents
Ratio of the decision
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Hence,the Judgment and Order of the High Court,according to him,was liable to be interfered with and set aside
Argument
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We have already noted the findings made by the High Court in the impugned judgment on the question whether the appellants could be held to be the tenants on the evidence and materials on record
Ratio of the decision
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An identification parade had been held by Shri Shrikant Chimanaji Jahagirdar (PW-32),Executive Magistrate
Facts
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Accused No. 3 told the appellant not to do anything in the ceremony and insulted the family members of Rauji
Facts
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This letter shows two things (a) that complete site 4500 to 0 ft. has not yet been handed over "as it was presumed that the possession of the land could not be had so for" and (b) that as levels have not been given, the final excavation of the foundation cannot be done and all subsequent operations are therefore withheld
Ratio of the decision
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5.That the Doordarshan,which have been impleaded as a party,in their written statement stated that they recognize the respondents as producers of the said serial and recognize the petitioners as sponsors only
Ratio of the decision
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They are considerations which cannot be ignored
Ratio of the decision
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Sukhchain Lal Jain P.W. 11 who had also come to obtain possession on behalf of the Military Estate Officer had said that he had seen some part of the crops had been cut by 13-2-1963, but was not aware who had cut them
Ratio of the decision
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
whereupon the police took him to the hospital in the police jeep along with PW-1, PW - 2 and PW -8
Facts
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The aforesaid eye-witnesses were cross-examined at length but even after such lengthy cross-examination these eye-witnesses account could not be shaken
Ratio of the decision
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The Government of Gujarat in exercise of its power conferred upon it u/s.65 of the Act made a scheme in respect of the town of Umra,Surat on 1.06.1999
Ratio of the decision
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that it was enough compliance with the Constitutional mandate if the basis adopted for price fixation was not shown to be so patently unreasonable as to be in excess of the power to fix the price
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