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It is important to note that in her statement under Section 161 Cr
Ratio of the decision
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Am-2003/Ldh dated 17.05.2004 is being referred,which is not received in this office
Ratio of the decision
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On May 13, 1954 a chargesheet was filed against the two respondents as well as Murti and the approver Ramana
Facts
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The blood stained clothes of the deceased and the injured persons as also the swords were sent to the chemical examiner for analysis
Facts
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SC 1585 1964 Indlaw SC 353 and Hari Shankar vs
Argument
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It is an accepted principle that consent by a party cannot confer jurisdiction on a court
Ratio of the decision
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As it has now turned out what the employees apparently suspected the employer might contend,is precisely what the employer is not contending,though the employer did not choose to so contend before the Industrial Tribunal itself when the employees filed the application for rectification
Ratio of the decision
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As a general rule,the substantive evidence of a witness is a statement made in court
Precedent
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The State has not borne any part of the financial burden
Precedent
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Hence on the subjects covered by the statute,the State could not make a law under Entry 25 of List III after the Forty-Second Amendment
Precedent
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Correctness or otherwise of the said order has not been questioned
Ratio of the decision
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On the other hand the endorsement reads as if there was tacit agreement on the part of the Company to the correction sought by the union
Ratio of the decision
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The award is a composite document in which the several elements of increased wage scales,larger increments,longer span of 20 years for earning increments,dearness allowance at 10% of the basic wage,besides several other benefits,have been integrated into a balanced arrangement in keeping with what the Tribunal has found to be the financial capacity of the appellant
Ratio of the decision
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It might be that under the relevant statutes of the University,the University was required to obtain the "views" of the State Government but that did not amount to requiring any approval of the State Government and indeed if any such statute required the approval of the state Government,it would be void in view of what was stated by this Court in State of Tamil Nadu
Argument
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This appeal by special leave is directed against order dated 13.7.2005 passed by the Division Bench of the Bombay High Court
Facts
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We are directly concerned with the issue of compensation which is dealt with, as earlier stated, in Chapter V of the Act
Ratio of the decision
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From this narrative, what follows is that the Chief Conservator had substituted his appraisement which was accepted by the statutory tribunal
Facts
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d) persons accused of different offences committed in the course of the same transaction can be tried together
Ratio of the decision
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In Gurbachan Singh v
Precedent
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Madon,J.,speaking for the Court made the following pertinent observations: "Petitions are at times filed both u/arts.226 and 227 of the Constitution
Precedent
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Cl
Statute
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State of M.P. v. Saleem (2005) 5 SCC 554 2005 Indlaw SC 413 Undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats
Precedent
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Before adverting thereto,we may take notice of the relevant statutory provisions : Ss.46(1)(b),48(1),48(2) and 56 read as under: "Section 46--Removal from register and imposition of limitations on ground of non-use--(1) Subject to the provisions of section 47,a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application made in the prescribed manner to a High Court or to the Registrar by any person aggrieved on the ground either-- (a
Statute
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This is so because the pre-requisite for exercise of power under Section 46(1) is that the applicant is a person aggrieved
Ratio of the decision
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The facts in brief,as narrated in the impugned order,are that Survey Nos.118,328 and 351 of Lonavala were originally owned by one Haji Habib Tar Mohammed Janu
Facts
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In the light of that stand while dismissing the contempt petition,this Court directed the Sate Government to dispose of the matter on the basis of the representation that may be received from the petitioners therein against the draft seniority list within six months from that date
Facts
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While s. 3(2)(c) contemplates an Order of a general nature, s. 3(3C) contemplates a specific transaction
Ratio of the decision
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As noticed hereinbefore,an inquiry had been made wherein the said Shri Tayeng,the then Commissioner of Revenue stated that no such appointment had been made to his knowledge
Ratio of the decision
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The parties are ad idem that the Charter Party dated 6th May,1997 was extended till 31st August,1998
Facts
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Appeal allowed
Ruling by Present Court
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no
Ratio of the decision
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We expressed our view in the Court and suggested to Mr
Facts
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A transfer of moneys from these reserves or the undistributed profits would therefore not enure for the benefit of the workers
Ratio of the decision
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The dead body of the deceased was brought down from the bus and taken to the house
Precedent
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Both the parties shall be entitled to inspect such documents and filed their responses thereto within one week thereafter
Ratio of the decision
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Rule 21(3),however,of the Bombay Rules has been amended in tune with Rule 26 of the Rules
Statute
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The appellants questioned legality or the G.O.Ms No. 989 dated 1.9.1988 directing discontinuance of purchase tax exemption in case of mills which exceeded the ceiling of Rs
Facts
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This contention was rejected by the Commissioner (A) on the ground that under the Notification No.1/93-CE,as amended,exemption was not available to the specified goods bearing brand name or trade name (registered or not) of another person
Facts
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5.Do
Facts
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On 15th February,2003,at about 11 a.m.,the deceased committed suicide by hanging herself in the house of the accused
Facts
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b) of S. 299 does not postulate any such knowledge on the part of the offender
Precedent
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Ramshri,(1993) 1 SCC 435 1993 Indlaw SC 1325 where this Court held
Argument
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The submission of the learned counsel is,thus,devoid of merits and is consequently rejected
Ruling by Present Court
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It will depend upon factual matrix of the case
Precedent
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Their contention was that there was a protest from the petitioners and as a result thereof this change took place
Facts
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Bengal in respect of the Nalban Fishery as the State was not a party to the proceedings
Ratio of the decision
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Thus,in the two passages set out above,this Court clearly held that because of s.10(k) of the Central Act which vested the powers of granting approval in the Council,the T.N.Act of 1976 and the University Act,1923 could not deal with any questions of 'approval' for establishment of technical institutions
Ratio of the decision
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Before the High Court various documents were produced by the Appellants herein to show the nature of their employment, but the same had not been taken on records by the High Court
Ruling by Lower Court
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On the next day the police placed an armed guard around the office of the respondent No
Facts
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The father of the respondents 3 and 4,being the uncle of respondent No.5-Mortgagee,it is also quite possible that he might have been allowed to cultivate the land in dispute under the personal supervision of respondent No.5 by assisting him in cultivation of the said land
Facts
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As against the regular rates/charge of Rs.3,24,000/-for display of advertisements on TV of such advertisers for 120 seconds per telecast,the relevant time,at the rate of Rs.35,000/-only for 120 seconds in addition to the royalty or consideration payable to the producers of such films or serials which invariably was far less than the difference between the usual rates and concession rates of advertisements
Facts
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In the instant case the basic question is whether keeping in background the partnership deeds referred to hereinbefore and the facts that came to light,was there partnership or not
Ratio of the decision
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Bal Kishan Soni and Others (1997) 5 SCC 86] 1997 Indlaw SC 928
Ratio of the decision
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In the result both the appeals are dismissed without any order as to costs
Ratio of the decision
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Point No. 8 has only to be stated to be rejected
Ratio of the decision
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In respect of the seats which are left for management to fill in its discretion,merit shall be the guiding principle
Facts
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Consequently,the service was complete and the view taken by the High Court is incorrect
Ratio of the decision
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In view of the above discussion,we therefore hold that the respondent's failure to join his duties at Ukai resulted in unauthorised absence and his failure to join his duties in spite of the repeated reminders and letters issued to him constituted sufficient valid ground for taking action under Regulation No.113.We further hold that before issuing the order of discharge the respondent was not only warned but he was also afforded an opportunity to explain as to why disciplinary action should not be taken against him
Ruling by Present Court
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The name of the first respondent was changed to Jupiter Infosys (P) Limited in August,1995 and now since July,2003,the name is changed to Jupiter International Limited
Facts
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The said order (the relevant portion of which we are concerned) runs thus:- "He would immediately call upon the Divisional Forest Officer to make appraisement within three months from the receipt of the record
Facts
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Ors.v
Ratio of the decision
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Any public servant who commits criminal misconduct shall be punishable with imprisonment for a term which shall be not less than one year but which may extend to seven years and shall also be liable to fine
Statute
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The applications being TRA Nos.25 to 27 of 2003 (OP Nos.764 to 766 of 2001) are restored to the file of Intellectual Property Appellate Board,Chennai for hearing and disposal afresh in accordance with law
Ruling by Present Court
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Ltd.under the agreement dated 1 Januray 1985,04 March 1985 and 16 September 1985.The advertisements issued by the petitioners themselves in various newspapers to give wide publicity to the said serial would indicate that the serial mentioned these respondents' are the owners of the copyright in respect of the said serial and the petitioners claim in that behalf is devoid of any substance
Argument
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Since no irregularity was committed by him there is no occasion to invoke the aid of the curative provisions of the Code
Precedent
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But these are matters of fact which will be special to each different case and no conclusion on these questions of fact in any one case can ever be regarded as a precedent or a guide for a conclusion of fact in another,because the facts can never be alike in any two cases however alike they may seem
Ruling by Lower Court
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Panipat Sugar and Anakappalle Society were again referred to and it was pointed out that those cases turned on the language of s. 3(3C) of the Essential Commodities Act
Precedent
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No. 41 Grey Street dedicated by me shall properly and agreeably to each other perform the sheba
Ratio of the decision
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Para 5 provides that as officers of the Revenue Department, those magistrates would be under the control of the Government through the Board of Revenue
Ratio of the decision
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His object was to obviate the possibility of a complaint before the appellate court that they were denied the opportunity of explaining the circumstances appearing in evidence against them because of defective questions
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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Without embarking upon a discussion as to the exact connotation of the expression "social justice" we may only observe that the concept of social justice does not emanate from the fanciful notions of any particular adjudicator but must be founded on a more solid foundation
Argument
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These reliefs sought by the respondent were resisted by the State of Gujarat and the Collector (the appellants before us) principally on the ground that the inquiry under s.37(2) of the Land Revenue Code into the rights to mines and mineral products in the said villages claimed by the respondent was necessary and proper and could not be said to-be concluded by the determination made under s.2 (4) (1) of the Act by the competent authority
Facts
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Where the assessment is based on proper material and pertains to the "statutory period", the Special Court may not reduce the tax claimed and pay it out in full
Precedent
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There were two women present at the house at the time of the alleged incident,namely Prakashi Devi and her daughter-in-law Sheela Devi
Ratio of the decision
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68 -Power of appropriate authority to evict summarily On and after the date on which a preliminary scheme comes into force,any person continuing to occupy any land which he is not entitled to occupy under the preliminary scheme
Statute
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As Professor Wade points out (in Administrative Law by H.W.R. Wade, 6th Edition) there is ample room within the legal boundaries for radical differences of opinion in which neither side is unreasonable
Ratio of the decision
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2) To deal with the situation and in particular to ensure speedy recovery of the huge amount involved, to punish the guilty and restore confidence in and maintain the basic integrity and credibility of the banks and financial institutions the Special Court (Trial of Offences Relating to Transactions in Securities) Ordinance, 1992, was promulgated on the 6th June, 1992
Statute
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The said eye-witnesses are consistent about the principal act of the appellant in stabbing the deceased
Ratio of the decision
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On so determining,the direct recruits would go en block as seniors to the promotees and the promotee officers in the order of their inter se seniority be appointed by the Governor under Rule 5(b) read with Rule 6 and would be placed below the direct recruits
Ratio of the decision
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He submitted that the price of a formulation was dependant on the price of the bulk drug and it was, therefore, not right to fix the price of formulation when the price of bulk drug was in question in the review application and there was a prospect of the price of the bulk drug being increased
Argument
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It has finally been submitted that the land had been transferred in the name of Ujjagar Singh's sons in the year 1994 by Gurmail Kaur, mother of Mukhtiar Kaur by a collusive decree and there was no evidence to show that Mukhtiar Kaur had ever displayed any unhappiness or made any complaint to any person or any authority with regard to the decree and as such, the very basis of the prosecution story did not exist
Argument
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As the order dated 18th December,1995,passed by the District Collector,Meerut is silent about the amount payable to the Company,the Ex-Proprietor of the Company moved an application before the Chairman Board of Revenue and requested to refund the compensation amount to the Company
Facts
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Submitted for information and consideration
Facts
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They initiated various civil proceedings from time to time,obtained various interim orders and,thus,delay in passing the order of detention cannot be said to have not been explained
Argument
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Mr. Chari for the State advanced a further argument before us in case his main argument that the pardon was valid failed and said that the approver, even if we ignore the pardon, was a competent witness
Argument
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There will be no order as to costs
Ruling by Present Court
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The IPAB proceeded with the matter in light of the issues that were already framed by the High Court and heard the parties
Facts
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Insofar as discretion exercised by IPAB in ordering removal of the appellant's registrations from the register under Section 46(1)(b) of The 1958 Act is concerned,learned counsel for the first respondent submitted that this Court should not overturn the discretion so exercised by the IPAB keeping in view the dishonest and fraudulent conduct of the appellant
Argument
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This person, however, did not shift to Visakhapatnam on his becoming the Managing Director but continued to stay most of the time at Rajahmundry
Facts
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When Pathan Basheerunnisa,LW3 returned from her work,the accused sent her out giving her money to bring the soaps upon which she went out and when she came back,she found the accused absent and the bride hanging in the house
Facts
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But if the ground for rectification is merely based on non-user i.e.under Section 46 of the Act,that is not really on account of any public mischief by way of an incorrect entry
Ratio of the decision
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This provision directly demolishes the contention of the appellant
Ratio of the decision
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The High Court in revision reversed that finding
Ratio of the decision
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The above are only broad guidelines and not cast-iron imperatives
Precedent
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I to the order and the general conditions were enlisted in Annexure II.The
Facts
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The appellants,despite being asked not to visit the shop after the expiry of the period in the concerned agreement,they continued to visit the shop and were preventing the respondent from having access to its various articles such as stock-in-trade,books of account,furniture,fixtures etc
Ratio of the decision
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1, 2, 8 and 18 and on the basis thereof submitted that their evidence clearly prove and establish the role of the appellant herein in stabbing the deceased with the knife which he had brought from the other room with the intention of killing the deceased and, therefore, it is a clear case of conviction
Argument
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that case O.Chinnappa Reddy and D.P.Madon
Precedent
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The injuries found on person of the deceased were as follows: "External Injuries: (1) incised wound on left scapular region of size 3 cm x 1 cm; (2) incised wound on left scapular region of size 4 cm x 1 = cm
Facts
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