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Therefore, the alleged discrepancy cannot be said to be very vital as it has been held by this Court in several decisions that ocular evidence cannot be brushed aside only because, to some extent, it is not in consonance with the medical evidence
Ratio of the decision
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S. 234 cannot also be regarded as an overriding provision because reading it that way will lead to the clear result that whereas several accused persons can be charged at the same trial with any number of different offences committed by them in the course of the same transaction they cannot be tried also for -offences of the same kind exceeding three in number and committed beyond a space of 12 months from the first to the last
Statute
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It is quite possible that such articles might have been borrowed by the accused from the deceased and not necessarily stolen by the accused from the deceased after killing her
Ratio of the decision
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The Directors of VESCO thereafter authorised K. S. Dutt, one of the Directors to lodge a complaint with the police which he accordingly lodged on May 19, 1952
Facts
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v) By orders dated 31.8.2004 and 28.10.2004,the Civil Judge directed release of documents to Appellant
Facts
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The case of Vallabdas Narainji v. Development Officer, Bandra, A.I.R. 1929
Precedent
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v
Ruling by Lower Court
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The distinction is fine but real and if overlooked, may result in miscarriage of justice
Precedent
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There was no other basis on which those Courts could give any relief to the plaintiffs in such cases and for the purpose of such relief the Courts of Equity did not require the plaintiff to prove that his mark by any length of user was associated in the minds of the public with his goods
Precedent
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hereinafter called the Central Act).The Gazette Notification for the acquisition was issued on 12th March,1970.The controversy in this case relates to the question whether Abdul Khader was 'a protected tenant' under the Andhra Pradesh (Telangana Area
Facts
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The Court quoted with approval a passage from Secretary of Agriculture v. Central Reig Refining Company, 330 US 604, stating: "Suffice it to say that since Congress fixed the quotas on a historical basis it is not for this Court to reweigh the relevant factors and, per chance, substitute its notion of expediency and fairness for that of Congress
Precedent
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Karanth in favour of the plaintiff,it is not as if the plaintiff received the bequest only in respect of the things which form the residuary as mentioned in para-12 of the 'Will' but the plaintiff also was given the copyrights in respect of literary works and all books as well as the right to print,republished and mark the literary works as well as the books
Ruling by Lower Court
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2) and (3) of S. 300
Precedent
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in any case the facts which have been stated, in the sanction clearly indicate that the appellant has dishonestly allowed the crops to be cut so that there is no question of any inference or implication that the persons cutting the crops were abetting him in the offence
Ratio of the decision
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vs. Union of India and Others [1987 (Supp
Precedent
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They reached the place of occurrence in another bus at about 1 a.m
Precedent
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Mac Laboratories Pvt.Ltd and Anr.1985 Indlaw SC 464 and they need no reiteration
Precedent
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the Code is emphatic that 'whatever' the irregularity it is not to be regarded as fatal unless there is prejudice
Ruling by Lower Court
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He was also convicted for the offence under S.13(1)(d)(ii) read with S.13(2) of the Act and sentenced to undergo rigorous imprisonment for one year and fine of Rs.500/-,in default,simple imprisonment for one month
Facts
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Minority Educational Institutions which are in receipt of State funds by way of aid,(3) Minority Educational Institutions in respect of which it is not clear from the averments in the writ petitions whether they are aided or unaided institutions,(4
Facts
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For a sanction to be valid it must be established that the sanction was given in respect of the facts constituting the offence with which the accused is proposed to be charged
Ratio of the decision
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below:- "11.Subordination of officers
Statute
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Shri Verma appearing for some of the later direct recruits,contended that the direct recruits were appointed to the substantive vacancies as held in K.C.Joshi case' and their seniority was fixed in the judgment from the date on which they started discharging the duties of the post as Asstt
Argument
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We find considerable force in this contention
Ratio of the decision
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At the most it shows that a small portion of the crops were cut but it is apparent that that has not been taken into account by the Collector in assessing the value of the crop because it is on that day that crops were inspected for that purpose and subsequently the Agricultural Officer also had in his letter dated 18-2-63, which has been cited in the award Ex
Ratio of the decision
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It was submitted that the medical evidence sufficiently corroborated the oral evidence and the prosecution has established the intention of the 2nd accused in causing attempt to commit murder of Sukhbir and in appreciation of the evidence, courts below recorded concurrent findings convicting the second accused u/s
Argument
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Applying these principles to the facts of the present case,it is clear that the ingredients of Section 304B read with Section 498A IPC are completely satisfied in the present case
Ratio of the decision
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The High Court had set aside the order of the Land Tribunal and remanded the case back to the Tribunal for a fresh decision
Facts
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There is another aspect of this matter
Ratio of the decision
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A suit was filed in S.C.Suit No.493 of 1986 in the Bombay City Civil Court,Bombay by Vicco Laboratories,appellant herein,manufacturers of ayurvedic pharmaceutical products against defendant Nos.1 to 4,respondents herein,for a declaration that the title and format of the suit serial "Yeh Jo Hai Zindagi" exclusively belonged to them and respondents Nos.1 to 4 have no right thereto and for permanent injunction restraining the said respondents from making use of the title or episodes belonging to the petitioners or any episodes hereafter made
Facts
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In view of the prohibition to import bicycles,the respondent was prevented to use the trade mark but by collaboration agreement,it was continuing to use the trade mark by the permitted user
Argument
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They have also stated that Madan and Rakesh caused injuries to PW5-Jagdish with lathi on shoulder and left elbow respectively
Ratio of the decision
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41-A and 40/2-A
Facts
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The Assistant Commissioner,Ghaziabad,examined the printed wrappers
Facts
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the Tribunal said : In view of this position,the Company can easily bear some burden that might fall as a result of the upward revision of the wage-scales
Facts
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There may be special cases, and we consider the case before us to be one, where social justice would demand that labour should have bonus for the year where for that very year capital had not only a.. reasonable return but much in excess of that
Ruling by Lower Court
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Whether the application is under Section 46 or under Section 56 or a composite application under both Sections,it is a pre-requisite that the applicant must be a person aggrieved
Ratio of the decision
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Section 56 on the other hand deals with situations where the initial registration should not have been or was incorrectly made
Precedent
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it is further contended that the stand taken by the prosecution was that 'the persons who we're permitted to cut the crops bad' not committed any offence
Argument
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Under the said Agreement M/s
Facts
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In the case of American Home Products Corporation v
Ratio of the decision
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Huzefa Ahmadi,learned senior counsel appearing for the appellant,mainly attacked the revisional power exercised by the Minister concerned in purported exercise of jurisdiction under Section 257 of the Maharashtra Land Revenue Code
Argument
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Sub-s.(3) envisages that "an application shall not be entitled to rely for the purpose of clause (b) of sub-s.(1) or for purpose of sub-s.(2) on any non-use of a trade mark which is shown to have been due to special circumstances in the trade and not to any intention to abandon or not to use the trade mark in relation to the goods to which the application relates".S.48 provides for registered users which reads thus: '48.Registered users.-(1) Subject to the provisions of section 49,a person other than the registered proprietor of a trade mark may be registered as the registered user thereof in respect of any or all of the goods in respect of which the trade mark is registered otherwise than as a defensive trade mark; but the Central Government may,by rules made in this behalf,provide that no application for registration as such shall be entertained unless the agreement between the parties complies with the conditions laid down in the rules for preventing trafficking in trade marks.(2) permitted use of a trade mark shall be deemed to be use by the proprietor thereof.and shall be used by a person the proprietor.for the purpose of s.46 or for any other purpose for which such use is material under this Act or any other law
Statute
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1987 Indlaw SC 28778, this Court did not lay down any law
Precedent
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Union of India,1990 Supp
Ratio of the decision
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They even refused to send her to her parental house
Facts
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Order accordingly
Ruling by Present Court
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In that case it is provided that the shebait for the time being shall be entitled to reside with his family in the said dwelling-house, but the dwelling-house itself is the place specially set apart for the family idols to which specific reference is made in the will, and in their Lordships' opinion the gift is only a perfectly reasonable arrangement to secure that the man in whose hands the supervision of the whole estate is vested should have associated with his duties the right to reside in this named dwelling place
Precedent
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We do not agree with this submission
Ratio of the decision
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Sirsa; and or he dishonestly or fraudulently realised and misappropriated Rs
Facts
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Before we refer to the abovesaid judgment,it will be necessary to refer to certain provisions of the AICTE Act and the relevant regulations
Ratio of the decision
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The concept,even though sought to be defined u/s.3(f) of the Act,is not capable of any precise definition
Ratio of the decision
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Sub-cl.(1) of cl.(9) of the statute required "verification of the facilities that may exist for starting the new colleges/course".The Commission was to inspect the site,verify the title deeds as regards the proprietary right of the management over the land (and buildings,if any) offered,building accommodation provided,if any,assets of the management,constitution of the registered body and all other relevant matters,Sub-cl.(2) of cl.(9) stated that the affiliation "shall depend upon the fulfilment by the management of all the conditions for the satisfactory establishment and maintenance of the proposed institutional courses of studies and on the reports of inspection by the Commission or Commissions which the University may appoint for the purpose
Ratio of the decision
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State of Haryana,(2008) 4 SCC 700 2008 Indlaw SC 120 held that the payments which are customary payments,for example,given at the time of birth of a child or other ceremonies as are prevalent in the society or families to the marriage,would not be covered under the expression "dowry
Precedent
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It was further contended that this Court while giving affect to the compromise arrived at between the Sarkar family made it explicitely clear that the said compromise will not in any way affect the rights of the State over the fisheries even if those fisheries agreed to be divided between the parties and in that view of the matter and the State of West Bengal having already requisitioned the Nalban Fishery and having taken possession of the same the Receiver could not have taken possession of the said Nalban Fishery pursuant to the order of this Court appointing the Collector 24 Parganas as Receiver and
Argument
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The appellant therein was convicted for offence u/s.7(2) of the Act and appeal before the High Court was also dismissed
Ratio of the decision
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The fact remains that the testimony of Shalu, PW 7 aged 4 years, even if taken at its face value, does not constitute such a circumstance as to draw an incriminating inference against the accused and connect him with the crime
Ratio of the decision
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Private use including research; (ii) criticism or review,whether of that work or of any other work; xxx xxx xxx (i) the performance,in the course of the Activities of an educational institution,of a literary,dramatic or musical work by the staff and student of the institution,or of a cinematograph film or a sound recording,if the audience is limited to such staff and students,the parents and guardians of the students and persons directly connected with the Activities of the institution or the communication to such an audience of a cinematograph film or sound recording
Statute
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Section 247 deals with the appeal and appellate authorities,which reads as under:- "247.Appeal and appellate authorities
Statute
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The aspect of ensuring availability of the essential commodities to the consumer equitably and at fair price is the most important consideration
Precedent
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Heard
Facts
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The said notice was also challenged by the Company
Facts
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While the discretion to change the policy in exercise of the executive power, when not trammelled by any statute or rule is wide enough, what is imperative and implicit in terms of Article 14 is that a change in policy must be made fairly and should not give impression that it was so done arbitrarily or by any ulterior criteria
Ratio of the decision
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With this modification, the appeal is dismissed
Ruling by Present Court
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Hyderabad Stock Exchange Ltd
Facts
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The said decision has been affirmed by this Court in Gurjoginder Singh v. Jaswant Kaur
Precedent
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On the other hand,if two persons were present in the house at the time of the incident namely Prakashi Devi and Sheela Devi and the accused is charged with trespassing into the house of Prakashi Devi,and assaulting and outraging the modesty of the said Prakashi Devi,and the witnesses refer only to the assault and outraging the modesty of Sheela Devi,the court will have to infer that the accused was prejudiced,if the accused had solely concentrated and focused his defence and entire cross-examination to show that he did not commit the offences against Prakashi Devi
Ratio of the decision
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the learned Chief Justice then was,referred with approval the observations of Hidayatullah,J.referred to hereinbefore in Hari Shankar's case
Precedent
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Absence of entries in their account books would be inconsistent with the receipt of the accounts and would thus be a relevant fact which can be proved under s. 11
Ratio of the decision
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we do not think that we should take notice of the complaint made by Mr. Bhimasankaram
Ratio of the decision
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Saroj Sharma (2007) 2 SCC 263 2006 Indlaw SC 994,Samar Ghosh v
Precedent
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IV) Jyoti Mehta Rs
Ratio of the decision
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There he saw that Bhimabai was lying dead and froth was coming out of her mouth which indicated that she had consumed some poisonous substance
Facts
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See also Bhikhubhai Vithlabhai Patel & Ors.v
Precedent
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Indeed this Court is not a court of restricted jurisdiction of only dispute settling
Precedent
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Devendra Choubey was conducted on 26.12.2003 after his arrest
Facts
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10 SCC 505 2003 Indlaw SC 810,Jimmy Sudarshan Purohit v
Precedent
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It was held that mentioning the name of Prakashi Devi instead of the name of Sheela Devi in the charge was an error that did not prejudice the accused
Facts
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Kothampatti Muniyandavar Temple by Trustee Pappathi Ammal
Argument
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Obviously,in the absence of any specific objection by the appellant to that effect,no specific issue was framed by the High Court whether the applicant was an aggrieved person
Ratio of the decision
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This committee was also to evaluate and recommend the means for modernisation of existing old prisons
Facts
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In the instant case,we have noticed hereinbefore that the authorities of DRI themselves categorically stated that the activities of Appellant after 11.10.2003 were not in question and in fact all the bank accounts were defreezed
Ratio of the decision
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Keeping in view the purpose of identification parades the Magistrates holding them are expected to take all possible precautions to eliminate any suspicion of unfairness and to reduce the chance of testimonial error
Precedent
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If price increases, it becomes injurious to the consumer
Precedent
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it was stated that M/s
Facts
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When the matter came up for hearing on 14.10.2014, learned counsel for the appellants informed the Court that he had offered Rs.5,00,000/- by way of demand draft towards compensation to the injured-Sukhbir in the presence of the Sarpanch of the village which he has refused to receive the same
Ratio of the decision
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Ramalakshmi died on 25th April, 1938 during the lifetime of the widow
Facts
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The crime was registered
Facts
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Appellant was a tenant in respect of plot No.17/8.Plot No.17/7 was not a plot contiguous thereto
Facts
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Thereafter,in September,1998,the IOC for and on behalf of the Oil Industry,floated a fresh tender for carriage of petroleum products along the Indian coast on time charter basis for a period of one year commencing from 1st September,1998 to 31st August,1999,on the terms and conditions set out in the tender document
Facts
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Denial cannot be treated to be the discharge of onus
Ratio of the decision
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A person whose case is based on falsehood can be summarily thrown out at any stage of the litigation
Ratio of the decision
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S.48 (1) envisages that subject to the provisions of Section 49,a person other than the registered proprietor of a trade mark may be registered as a "registered user" thereof in respect of any or all of the goods in respect of which the trade mark is registered otherwise than as defensive trade mark
Statute
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In our opinion, even if that suggestion is accepted that for the limited purposes mentioned in the will the widow could alienate, this power would fall far short of the powers that a Hindu widow enjoys under Hindu law
Ratio of the decision
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Infosys Technologies Limited
Facts
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The evidence of PW-1 and PW-2 was that the appellant did not touch or tease or abuse Prakashi Devi
Ratio of the decision
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We may,at this stage,notice that in Law of Trade Marks by Mr
Ratio of the decision
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For over a long period,the trade mark was not used by the respondents as its registered proprietor
Argument
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He ran away to conceal himself
Facts
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Similarly as on January 1,1975,the ratio was increased to 33 1/3 per cent,namely,66 2/3 per cent to the direct recruits and 33 1/3 per cent to the promotees
Ratio of the decision
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