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The Statement of Objects and Reasons for enacting the Act reads as under: "(1) In the course of the investigations by the Reserve Bank of India, large scale irregularities and malpractices were noticed in transactions in both the Government and other securities, indulged in by some brokers in collusion with the employees of various banks and financial institutions
Statute
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In support of his contention,he had relied on a decision of this Court in the case of Dahya Lal & Ors.vs
Argument
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still we may not interfere if the justice of the case on facts does not require interference or if we feel that the relief could be moulded in a different fashion
Precedent
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Ramalakshmi had married the plaintiff and had a number of children from him
Facts
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The tribunal may in any proceeding under this section decide any question that may be necessary or expedient to decide in connection with the rectification of the register
Statute
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In the present case, the enquiry contemplated by paragraph 3 of Drugs (prices Control
Ratio of the decision
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DO review report which is headed Technical Administration Contract shows that the date of review was 9th February 1963
Ratio of the decision
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c
Statute
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1994 Indlaw SC 1706 this Court opined that the criminal activity in order to invoke TADA must be committed with the requisite intention as contemplated by Section 3(1) of the Act by use of such weapons as have been enumerated therein and which cause or are likely to result in the commission of offences as mentioned in that Section
Precedent
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In the circumstances,we are satisfied that the applications made by the first respondent for rectification/removal of the subject trade marks from the register need to be considered afresh by the IPAB in accordance with law and the observations made above
Ratio of the decision
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In the light of the background scenario,we cannot strictly take it to be a case of contempt but in working out the directions issued by this Court,the State Government committed a mistake in law
Argument
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It has been consistently laid down by this Court that where a case rests squarely on circumstantial evidence,the inference of guilt can be justified only when all the incriminating facts and circumstances are found to be incompatible with the innocence of the accused or the guilt of any other person.(See Hukam Singh v
Ratio of the decision
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32 of the Constitution
Ratio of the decision
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Paragraph 4 of the 1979 order provides that notwithstanding anything contained in paragraph 3, the Government may, if it considers necessary or expedient so to do for increasing the production of an indigenously manufactured bulk drug specified in the first or second schedule, by order, fix-- "(a) a retention price of such bulk drug, (b) a common sale price for such bulk drug taking into account the weighted average of the retention price fixed under clause
Statute
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But on no other ground
Statute
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The procedure adopted in the investiga- tion and committal stages was irregular
Argument
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In view of the above,these appeals are allowed in part and the impugned order dated September 9,2004 is set aside
Ruling by Present Court
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No.1452 of 1972.By order dated 17.11.1972
Facts
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Mehta,learned counsel appearing for the respondents,that the original first partnership deed did not mention the appellant or his father as a partner
Ratio of the decision
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Since this was unusual,uncalled for and unjustified request we ignored the same and reserved the order
Ratio of the decision
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I secured the promotion of the approver K.V. Ramana, who was originally Accounts Clerk to the post of Senior Accountant
Argument
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It is not in dispute that: "(a) Appellant although filed an objection with regard to the draft scheme,did not choose to pursue it
Ratio of the decision
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Ltd.v
Precedent
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Strong reliance was placed upon certain circumstances,namely,that the format had been approved by the petitioners only on 11 July 1984 and PW-1 admitted that in view of the bill the entry claiming deduction made by the petitioners in their accounts in the financial year ending on 30 March 1984; that the amount was not to be paid for all 26 episodes or even thereafter in lump sum and the bill for 26 episodes enabled petitioners to claim deduction for the entire amount without actual payment in financial year 1983-84; that the entry made for the financial year 1983-84 was beneficial to the petitioners that there was no ceiling on advertising expenditure and it was introduced from 1 April 1984 onwards,the plaintiff did not produce the account books to show if the deduction in respect of the entire amount was claimed or not though they were repeatedly called upon to produce them
Facts
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Ordinarily,however,the mark will be expunged (taken off) when the factual circumstances necessary for the removal are established unless it is shown that the case comes within the exceptions provided in the sub-section (3).The High Court refused to exercise the discretion to strike off the trade mark from the register
Ratio of the decision
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There is a third partnership deed Exhibit-70 which showed that the deceased tenant Girdharlal had died on 1st of February,1961 and so by the remaining seven partners with same terms and conditions,a new partnership deed being Exhibit-70 was executed on 22nd
Ratio of the decision
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The Session Judge had found that both charges were proved
Precedent
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The partnership deeds were there entitling the petitioner to share in the partnership
Ratio of the decision
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The order was in fact a direction to the Collector 24 Paraganas who had been appointed as a Receiver by the Supreme Court in the pending appeal before it
Ratio of the decision
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That Agreement was between Madan Verma,Director of a company known as M/s
Facts
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420, 467/471, I.P.C
Ratio of the decision
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We do not think that there was any doubt in anyone's mind that the matter would be taken up in appeal to the Supreme Court whichever way the writ petitions were decided
Ratio of the decision
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The Government of Tamil Nadu granted permission to the Trust for the academic year 1987-88 to start an Engineering college
Precedent
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By way of illustration, we may straightaway mention a glaring instance of such high-pricing which was brought to our notice at the very commencement of the hearing
Ratio of the decision
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The Labour Appellate Tribunal also overlooked the fact that but for the Public Companies (Limitation of Dividend
Ratio of the decision
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The said appeals would be heard and disposed of by the High Court in accordance with law u/s.116 of the said 1970 Act as it stood on 19.10.06.The High Court will hear and decide the validity of the Order passed by the Controller dated 23.8.06 rejecting "pre-grant opposition" filed by respondent
Ratio of the decision
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The Custodian may also take assistance and/ or further assistance from a Chartered Accountant of his choice
Ratio of the decision
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The compensation case is to be disposed of by the compensation officer within six months from today (104-1969) with intimation to this Court
Facts
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Besides, all the aforesaid eye-witnesses were inmates of the house and they would know as to who had given the blows for they specifically stated that initially the appellant did not have the knife in his hand but when the deceased and others went to the balcony then he went inside the house and brought a knife with which he gave stab injuries to the deceased which became fatal and as a result of which the deceased died while he was being taken to the hospital
Ratio of the decision
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1936 Indlaw MAD 236
Precedent
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In still another class of case,the matter may be so near the border line that very slight evidence of a reasonable possibility of prejudice would swing the balance in favour of the accused
Ruling by Lower Court
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The power to rectify the register conferred by this section shall include the power to remove a trade mark registered in Part A of the register to Part B of the register
Statute
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First, the place of incident being adjoining rooms in the residential house of the appellant and the fact that the alleged murder weapon is his licensed DBBL gun is proved on record
Ratio of the decision
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So far as the provisions of the Mahatma Gandhi University Act or its statutes were concerned and in particular statute 9(7),they merely required the University to obtain the 'views' of the State Government
Ratio of the decision
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The former is an enquiry leading to a legislative activity while the latter is an enquiry which ends in an administrative or quasi-judicial decision
Ratio of the decision
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It is not in dispute that the learned Special Court on or about 3.August.1993 issued directions in various proceedings before it appointing auditors to prepare and audit the books of accounts of all notified persons for the period 1.April.1990 and 8.June.1992, i.e., the date of the notification
Facts
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We quote hereinbelow paras '27' and '30' of the said judgment which read as follows: "At any rate,it must be remembered that in this case I am not dealing with a passing-off action or an action for infringement of a trade mark which is alleged to be common property
Precedent
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It was in arrears to the extent of Rs.1.29 crores
Ratio of the decision
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The appeal will accordingly be allowed with costs
Ruling by Present Court
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Accordingly the High Court found that at no time the occupation of the land by the appellant was under a bona fide claim of title
Ruling by Lower Court
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If,as the Tribunal has stated in the amendment order,the increase in paragraph 23 was intended to apply to each individual workmen,there is nothing in the body of the award to form the foundation on which the actual figures in the restructured pay scales can be made to rest
Ratio of the decision
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The chapter is split up into two sub-heads, '-Form of charges"and" Joinder of charges
Statute
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The decision-maker has the choice in the balancing of the pros and cons relevant to the change in policy
Precedent
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Snehalata Dutt filed in the year 1929 a suit, being Suit No. 1042 of 1929, against Nagendra, the trustees under the said deed of settlement and the puisne mortgagees, for realisation of the mortgage security
Facts
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Union of India and Another
Ratio of the decision
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A "week" according to Halsbury's Laws of England
Ratio of the decision
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The Special Court may in these cases, scale down the tax liability to be paid out of the funds in the hands of the Custodian
Precedent
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Convict remained for sentence
Ruling by Lower Court
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The University could not,therefore,in any event have sought for 'approval' of the State Government
Ratio of the decision
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But it does not follow that where crimes have been committed the liability to punishment already incurred under s. 120-B by having entered into a criminal conspiracy is thereby wiped away
Ratio of the decision
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The factual matrix of the matter,which is not much in dispute is as under
Facts
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31A and Art
Statute
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302 IPC; it would be useful to briefly recapitulate the law on the point
Ratio of the decision
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It is for this reason that the identification parades in this case seem to have been held under the supervision of a Magistrate
Precedent
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In fact as we have noticed earlier this is what Telu Ram says in his evidence, namely that on loan January'63 no delivery of possession of the remaining land other than RD 4500 to 1200 (the land in which there is the existing run-way) was given
Ratio of the decision
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e) Brokerage and commission
Ratio of the decision
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Sub-s.(2) of S.34 of the said Act also deals with "to be deemed to be a protected tenant in respect of any land",for certain purposes
Statute
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The respondent agreed to the said proposal
Facts
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At this, the deceased became annoyed and the appellant removed the fuse of the electricity which act of his plunged the entire house into darkness
Ratio of the decision
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2).On receipt of such reference from the Civil Court,the competent authority shall deal with and decide such issues in accordance with the provisions of this Act and shall communicate its decision to the Civil Court and such court shall thereupon dispose of the suit in accordance with the procedure applicable thereto
Statute
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The said section reads as under:- " Public servant taking gratification other than legal remuneration in respect of an official act.-Whoever,being,or expecting to be a public servant,accepts or obtains or agrees to accept or attempts to obtain from any person,for himself or for any other person,any gratification whatever,other than legal remuneration,as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show,in the exercise of his official functions,favour or disfavor to any person or for rendering or attempting to render any service or disservice to any person,with the Central Government or any State Government or Parliament or the Legislature of any State or with any local authority,corporation or Government company referred to in Cl.(c) of Section 2,or with any public servant,whether named or otherwise shall,be punishable with imprisonment which shall be not less than six months but which may extend to five years and shall also be liable to fine........." (Emphasis supplied
Statute
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In that case the impact of s. 120-B, I.P.C. on ss
Ratio of the decision
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But for such protection, the properties which are sold in court auctions would not fetch a proper price and the decree-holder himself would suffer
Precedent
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The dismissal of the special leave petition as aforesaid affirmed that the Nalban Fishery had been legally requisitioned by the State of West Bengal and the State was in possession of the same since 8.11.1969
Ratio of the decision
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The same also needs to be examined
Ratio of the decision
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It was next contended by Mr
Argument
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Sessions Judge on 20.2.2002.The criminal revision filed by the appellant was disposed of by the High Court on 16.3.2010 upholding the conviction but reducing the sentence from six to four months rigorous imprisonment
Ruling by Lower Court
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234, 235 and 239 of the Code of Criminal Procedure
Ratio of the decision
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2)the facts so established should be consistent only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3)the circumstances should be of a conclusive nature and tendency, (4)they should exclude every possible hypothesis except the one to be proved, and (5)there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused
Precedent
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The normal remedy is to file a Letters Patent Appeal
Facts
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It was held that the services of the Appellants cannot be directed to be regularized in services
Ruling by Lower Court
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Having regard to the rules which have been made by the appellant-Corporation, regular appointment on the post of medical officer can only be made after the duly constituted Selection Committee has found the person suitable for such appointment
Precedent
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41 Grey Street allotted to the branch of Rajendra was subsequently numbered 41-A Grey Street
Facts
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I was treating Mukhtiar Kaur as my daughter and loved her as my daughter
Facts
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Price fixation of a formulation is no doubt dependant on the price of the bulk drug, but it is not to await the result of a review application which in the end may turn out to be entirely without substance
Ratio of the decision
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2.The rates of cash benefit shall be fixed by national laws or regulations so as to ensure benefit sufficient for the full and healthy maintenance of herself and her child in according with a suitable standard of living
Statute
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The same was not done
Ratio of the decision
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he result therefore is that the appeal fails and must stand dismissed with costs
Ruling by Present Court
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He may in a given case disentitle himself from obtaining an equitable relief particularly when he allows a thing to come to an irreversible situation
Ratio of the decision
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4 of 2001 and 41 of 1999
Facts
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The learned State counsel relying on the statement of PW14 Inspector Harjinder Pal Singh has however submitted that the examination had not been possible as the appellant had received a very serious gun shot injury and was hanging between life and death
Ratio of the decision
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It was only thereafter that notifications fixing the prices were issued
Argument
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24 bears the signature of N. L. Handa, the Tehsildar and of Sukhchain Lal jain, P.W. 11 on behalf of the Military Estate Officer and the Appellant
Argument
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Raju shall deposit the balance compensation amount of Rs.2,50,000/- before the trial court within three months from the date of this judgment and on such deposit, the same shall also be paid to the injured witness-Sukhbir
Ruling by Present Court
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That suit was resisted by the defendants,each of them having filed separate written statements which in sub-stance did not differ from each other
Facts
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Has the plaintiff became entitled to the said right under the Registered Will dated 18.06.1994
Ratio of the decision
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Resultantly,the appeal being devoid of any merit is liable to be dismissed,which we do,leaving the parties to bear their own costs
Ratio of the decision
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The second may be termed as "culpable homicide of the second degree
Precedent
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Before the land was actually acquired the Appellant who was a Major in the Military Engineering-Service was working as a Garrison Engineer and was inching of the extension
Argument
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In the said C.O.No.9 of 1986 filed by the first respondent against M/s
Facts
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