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In determining whether there is any unfairness involved the nature of the right alleged to have taken infringed, the underlying purpose of the restriction imposed, the extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing condition at the relevant time enter into judicial verdict, the reasonableness of the legitimate expectation has to be determined with respect to the circumstances relating to the trade or business in question
Ratio of the decision
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It has been pleaded by the appellant that Survey No.118/1 and 118/2 are one and the same thing
Argument
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When he reached at the place of occurrence even the complainant party was not available there
Ratio of the decision
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AIR 1958 SC 398 1958 Indlaw SC 62],T.C.Basappa v
Precedent
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It may be noticed at this stage that Bansilal Farms,appellant in appeal arising out of SLP (C) No.13314 of 1992 was the highest offerer for running the Boating Complex on the surface water of Nalban Fishery and had been granted licence for that purpose and in fact had started the operation of the Boating Complex since 1991 but on the application of Mrs
Facts
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It appears to us that even the question in regard to the effect and consequences of non-delivery of the vessel in terms of the Cl.4.1 and 23 would by itself be a dispute arising under the said Charter Party .With
Ratio of the decision
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The trademark was used by the Appellant and Thukral,neither of whom were proprietors thereof,except that Thukral claims to have become its proprietor with effect from 30th May,1986.According to learned counsel for the Appellant,the use of the trademark by Thukral was not legally permissible use inasmuch as Thukral did not have the consent,tacit or otherwise of M/s
Facts
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The power u/art.142 of the Constitution is a constitutional power and not restricted by statutory enactments
Ratio of the decision
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The petitioners reserved their right to sue for damages in terms of Order II,Rule 2 CPC
Facts
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Act,2005,is that even after a patent is granted,"post-grant opposition" can be filed under S.25 (2) for a period of one year
Ratio of the decision
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1861] 30 Beav.65 : 54 E.R.813,817] "waiver or acquiescence,like election,presupposes that the person to be bound is fully cognizant of his rights,and,that being so,he neglects to enforce them,or chooses one benefit instead of another,either,but not both,of which he might claim
Precedent
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With a view to establish their legal rights to enable the High Court to issue a writ of mandamus,the respondents were obligated to establish that the appointments had been made upon following the constitutional mandate adumbrated in Arts.14 and 16 of the Constitution of India
Ratio of the decision
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He has not been examined even on the question of alleged transfer of the trade mark in favour of the appellants
Ratio of the decision
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In the meanwhile,the respondents contended that M/s Brook Bond Ltd.who wanted to link up their commercial with 13 episodes and agreed to pay and paid the ruling market price
Argument
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It appears that in CTS No.129,130-A,130-B and 133,apart from vacant land there is a bungalow No.52-Habib Villa
Facts
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Inder Singh and others,[1986] 3 S.C.C.62 1986
Ratio of the decision
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S.S.Gill,who gave evidence on behalf of the Information & Broadcasting Ministry that he was not acquainted with Mr
Ratio of the decision
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These applications are strenuously opposed by the manufacturers who contend the ordinary rule which is enforced in cases of delay namely that everyday's delay must be properly explained should also be rigorously enforced against the Government
Ratio of the decision
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If the two could not agree and live together amicably, my wife would pay Rs
Precedent
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If this contention is valid then the conviction of the accused cannot stand and therefore it is necessary to deal with this matter first
Ratio of the decision
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A sur-rejoinder thereto was filed on 15.October.2003 and in paragraphs 1 to 6 thereof, the said statements were denied and disputed
Facts
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It may also be stated that the Contractor had written to the, Garrison Engineer on 28-2-63 requesting him to hand over immediately the possession of the remaining portion of the land so that excavation work is not held up
Ratio of the decision
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In short,by the Patents (Amendment) Act,2005,for the first time a dichotomy was introduced in the Patent Law between "opposition to the pre-grant" and "opposition to the post-grant of patent".This was the major structural change in the Patent Law
Ratio of the decision
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The accused did not have any opportunity to meet or defend himself against the charge that he assaulted Sheela Devi and outraged her modesty
Ratio of the decision
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However, the finalization shall be subject to the result of these appeals
Facts
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Point No. 9, in the catalogue already given, relates to the claim for 12% interest on the amount of compensation as against the statutory rate of 2 1/2
Ratio of the decision
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It was held: "34.In our opinion,the wide sweep of Art.14 undoubtedly takes within its fold the impugned circular issued by the State of U.P.in exercise of its executive power,irrespective of the precise nature of appointment of the Government Counsel in the districts and the other rights,contractual or statutory,which the appointees may have
Precedent
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But this was not necessary because Gamkhar was not present nor did he sign the receipt
Ratio of the decision
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The learned State counsel has, however, relied on the statement of PW16 Dr. Sanjay Uppal, who was apparently the first doctor to have examined the appellant, wherein he clearly testified that the blackened portion around the firearm injury had been removed by him
Argument
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The witness is a child witness of very tender age and examined in the Court almost a year after the date of the incident
Ratio of the decision
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It would be reasonable to assume that if the District Magistrate of Burdwan was really and genuinely satisfied after proper application of mind to the materials before him that it was necessary to detain the petitioner with a view to preventing him from acting in a prejudicial manner,he would have acted with greater promptitude both in making the order of detention as also in securing the arrest of the petitioner,and the petitioner would not have been allowed to remain at large for such a long period of time to carry on his nefarious activities
Precedent
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This body of magistrates was made subordinate to the High Court
Ratio of the decision
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In the case of essential bulk drugs, paragraph 4 of the order enabled the Central Government to fix the maximum price at which such essential bulk drugs should be sold
Ratio of the decision
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Aggrieved by the aforesaid decision,the appellants being the successor of the owner of the land in question is in appeal before us
Ratio of the decision
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of India does not cover the trial of the charge under Section 5(1)(c) of the Prevention of Corruption Act
Ratio of the decision
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The salary fixed by the Commissioner was earlier given to all Engineers and later on they were given the salary fixed by the Collector
Facts
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He omits the words 'during her life' with reference to the disposition in favour of the daughter
Precedent
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2) The principles of judicial review prima facie govern the Activities of bodies performing public functions
Ratio of the decision
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Ss.5 and 6 make provision as to what persons,upon abolition of jagirs and conversion of jagir land into unalienated land would be occupants,who shall be primarily liable to the State Government for payment of land revenue
Statute
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Laxmishanker Tribhavan,[1982] 1 Rent Control Journal 2421981
Precedent
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They acceded to his request to take the bus to his house
Precedent
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It is furthermore not in dispute that Adhiniyam came into force in 1973
Ratio of the decision
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The fair price must be fair not only from the point of view of the consumer but also from the point of view of the producer
Precedent
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The explanation appended to sub-section (1) of Section 304-B IPC says that "dowry" shall have the same meaning as in Section 2 of Dowry Prohibition Act, 1961
Statute
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S.52 of the Act provides for the contents of preliminary and final scheme
Statute
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Bharat Neon Signs (hereinafter referred to as respondent No.2
Facts
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If the assignee has obtained assignment for bona fide use,he may not be fastened with any liability owing to non-user on the part of his predecessor
Ratio of the decision
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P.C.was one of total denial and false implication
Argument
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The Constitution Benches of this Court in Supreme Court Bar Assn.v
Precedent
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As we read the power,the High Court must ensure that the principles of law have been correctly borne in mind
Ratio of the decision
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While holding office as a public servant,obtains for any person any valuable thing or pecuniary advantage without any public interest; or (e) If he or any person on his behalf,is in possession or has,at any time during the Period of his office,been in possession for which the public servant cannot satisfactorily account,of pecuniary resources or property disproportionate to his known sources of income
Statute
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State of Bihar (1999) 8 SCC 555 1999 Indlaw SC 693
Argument
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On 15th February,2003,a boy had come to him and told him that his daughter had died by hanging herself,whereupon he went to the house of the accused and found that his daughter was hanged to a wooden beam with a saree and she was dead
Ratio of the decision
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that the appellant was an infringer of the trade mark is again a question of fact
Ratio of the decision
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They could not have been withheld
Ratio of the decision
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This decision has been followed in Natwarlal Sakarlal
Ratio of the decision
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Therefore, he proceeded to survey the place of occurrence with the help of torches
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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But here, again, if those offences are alleged not to be wholly unconnected but as forming part of the same transaction the only consideration that will justify separate trials would be the embarrassment or difficulty caused to the accused persons in defending themselves
Ratio of the decision
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Social justice is not the fancy of any individual adjudicator; if it were so then ideas of social justice might vary from adjudicator to adjudicator over all parts of India
Precedent
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In many of those cases,the dispute was between a foreign trader using a foreign mark in a foreign country on goods which were subsequently imported by Indian importers and sold by them in this country under that very mark
Precedent
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The State of Gujarat & Anr 1974 Indlaw SC 253
Argument
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Any prosecution in respect of any offence referred to in sub-s
Statute
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Since the respondent had not obtained any sanctioned leave for his absence his absence from duty was unauthorised
Ratio of the decision
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This witness has further specifically stated that the said accused treated his daughter in a proper manner for about two months
Ratio of the decision
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He,therefore,was wholly incompetent to issue the appointment letters
Ratio of the decision
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But if there is nothing beyond the injury and the fact that the appellant inflicted it, the only possible inference is that he intended to inflict it
Precedent
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ii
Ruling by Lower Court
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Decree for injunction is an equitable relief
Ratio of the decision
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Further the proved circumstances must be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innocence
Precedent
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1,000 in order to buy some land
Ratio of the decision
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Hence,it was argued that second revision was not maintainable
Precedent
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On the merits of the matter,the learned Single Judge followed the decision in Parimal Chandra Rahas case holding that when the duty had been enjoined on the appellant to provide and maintain a canteen facility under the Factories Act it becomes the obligation of the appellant to establish a canteen and that is what the appellant had done
Precedent
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State of Gujarat,(2008) 11 SCC 163 2008 Indlaw SC 297 and based on the same requested this Court to modify the sentence to the extent of period already undergone
Argument
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The trial court examined in detail the letter dated 19 July 1984 (Exhibit F-1) written by Shri G.K.Pendharkar of the petitioners and concluded that averments made in the plaint stated that the original agreement was to have 27 episodes but having regard to the popularity of the serial programme the petitioners decided to increase the said serial to 52 episodes
Facts
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The operative part of the judgment of the trial court reads as under: "Defendants or their employees or agents are restrained from performing the above said 7 ballets or Prasangas or in parts thereof in any manner as evolved distinctively by Dr
Ruling by Lower Court
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The construction put up by the High Court renders sub-s.(2) of S.48 otiose or surplus age which interpretation is impermissible
Argument
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20,Section 25,Section
Statute
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In view of the diverse contentions,the question arises: whether the High Court was right in refusing to rectify and strike off the trade marks of the respondents from the register of trade marks
Ratio of the decision
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It is clear from the findings recorded by the trial court and the appellate court: "1.That the respondents have not undertaken the production of the said serial at the instance of the petitioners
Ratio of the decision
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The delay caused in this case in issuing the order of detention has not been explained
Precedent
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g) Against the said order,the appellant-accused filed Criminal Appeal No.436 of 2001 before the High Court of Andhra Pradesh
Facts
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And,its pole demarcations were done by the town planning officer at site
Facts
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Meduwala Open Pan Sugar,Bijnor
Facts
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ive Engineer (O
Facts
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the suit suffer from non-joinder of necessary parties
Facts
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In Liberty Oil Mills v. Union of India 1984 Indlaw SC 326, (supra) the question arose whether clause 8B of the Import Control Order which empowered the Central Government or the Chief Controller to keep in abeyance applications for licences or allotment of imported goods where any investigation is pending into an imported goods where any investigation is pending into an allegation mentioned in cl
Precedent
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As in the year 1990,72 more posts were created and the total posts are now 330.Therefore,they are entitled to 50 per cent of the quota in the tentative list
Ratio of the decision
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The learned Advocate for the Appellant has meticulously taken us through the entire documentary and oral evidence and commented at length upon the various contradictions and incongruities in the case of the prosecution with a view to establishing that when the Appellant took possession of the land there was no crop standing on it-that tile possession of the land 'was in fact delivered to Telu Ram, Contractor on 10-1-1963; that the said Contractor had admitted 'that possession of the entire land was received by him; that he carried on the construction work in extending the Aerodrome; that 200/250 donkeys were also used for doing the work by reason of which the crop was damaged before Tehsildar had put the Appellant in possession of the land and as a matter of fact there was no crop thereon when he got the possession of the land
Argument
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Order, 1970 and was not included in the schedule to that order
Ratio of the decision
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2 that the average cost of production of the drug manufactured by an efficient manufacturer should be taken into account and that a reasonable return on networth should be allowed and the provision for a review of the order determining the price, established that price-fixation under the Drugs (prices Control
Argument
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They had inter alia prayed for issuance of a writ of or in the nature of mandamus
Ratio of the decision
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While traversing the case on merit they contended that it was all along agreed between the petitioners and respondents that the copyright in the said serial would rest exclusively in the respondents and not in the petitioners
Argument
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In the absence of such details,we are unable to rely on those orders
Ratio of the decision
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S.37 deals with persons not entitled under s.34 to be deemed in certain circumstances as protected tenants
Statute
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This appeal by special leave is from the judgment and order of the High Court of Andhra Pradesh dated 15th April,1986
Facts
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The wages of the canteen workers have to be reimbursed by the appellant
Facts
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The same practice was followed at the meeting of the general body of the shareholders
Facts
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they at this stage cannot be permitted to turn round and contend that they have nothing to do with the liabilities of Late Harshad Mehta
Argument
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While examining these questions of public importance,the Courts,especially the Higher Courts,cannot afford to act as mere umpires
Ratio of the decision
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