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The 50% seats to be filled up by candidates selected by the agencies of the State Government on the basis of a competitive examination/test as well as the remaining 50% seats to be filled in accordance with cl.of the said order shall be equally distributed between free seats and payment seats
Facts
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BACKGROUND FACTS
Facts
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Mr.U.U.Lalit,learned senior counsel appearing on behalf of the appellant,in support of this appeal,inter alia would submit: "(i
Argument
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Kay Aar Biscuits (P
Ratio of the decision
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Under Section 12 of TADA the Designated Court has the jurisdiction not only to try the cases under TADA but also to try offences under the Indian Penal Code if the offence under TADA is connected with such other offences
Ratio of the decision
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It was open to the respondent to invoke the jurisdiction of the High Court both u/arts.226 and 227 of the Constitution of India
Ratio of the decision
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For the purposes of this clause,an invention relating to a process for which a patent is claimed shall be deemed to have been publicly known or publicly used in India before the priority date of the claim if a product made by that process had already been imported into India before that date except where such importation has been for the purpose of reasonable trial or experiment only; (e) that the invention so far as claimed in any claim of the complete specification is obvious and clearly does not involve any inventive step,having regard to the matter published as mentioned in cl.(b) or having regard to what was used in India before the priority date of the applicant's claim; (f) that the subject of any claim of the complete specification is not an invention within the meaning of this Act,or is not patentable under this Act; (g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed; (h) that the applicant has failed to disclose to the Controller the information required by S.8 or has furnished the information which in any material particular was false to his knowledge; (i) that in the case of convention application,the application was not made within twelve months from the date of the first application for protection for the invention made in a convention country by the applicant or a person from whom he derives title; (j) that the complete specification does not disclose or wrongly mentions the source or geographical origin of biological material used for the invention; (k) that the invention so far as claimed in any claim of the complete specification is anticipated having regard to the knowledge,oral or otherwise,available within any local or indigenous community in India or elsewhere,but on no other ground and the Controller shall,if requested by such person for being heard,hear him and dispose of such representation in such manner and within such period as may be prescribed
Statute
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Municipal Corporation of Delhi,aggrieved against the judgment and final order dated 26.03.2004 passed by the High Court Delhi in Criminal Revision Petition No.185 of 2004 by which order the High Court gave the benefit of probation under Section 4 of the Probation of Offenders Act,1958
Facts
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It would,therefore,be appropriate if the appellants pay interest
Precedent
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The 5th respondent thereafter decided to entertain/welcome and/or encourage the proposals from the private producers to produce such serials or films at their own cost and responsibility and under the said scheme the advertisers desirous of linking up their advertisements with such films or serials were required to negotiate and settle directly with the producers of such films and/or serials,the royalty or consideration payable to such producers for linking up their advertisements and commercials with their film/serial and under the said scheme further,such advertisements were offered handsome concessions in the rates of advertisements for display of their ads on TV
Facts
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This is also not inconsistent with treating the rent of the firm in the context of the total expenditure of the firm
Ratio of the decision
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However, out of respect for learned counsel on both sides who adopted the same method of approach we proceed to examine some of the important cases referred to by them
Ratio of the decision
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It was pointed out by the learned advocate that the High Court was in error in equating other product raised on the land with emblements because the definition of crop in Black's Law Dictionary does include emblements, as such the words 'other product' cannot also be treated as emblements and must therefore be given a different meaning which according to him would include trees
Argument
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The renewal of their further term again depends upon the quality of work and conduct,capacity as a lawyer,professional conduct,public reputation in general,and character and integrity as certified by the District Magistrate and the District Judge
Precedent
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The High Court set aside the conviction on the technical ground that the trial court had no jurisdiction as it was a special court specified in under the SC & ST (Prevention of Atrocities) Act
Precedent
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The English Acts enabled registration of a new mark not till then used with the like consequences which a distinctive mark had prior to the passing of the Acts
Precedent
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This view had also been expressed in the decision of this Court in Puranchand v
Ratio of the decision
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The review petitions could not survive after the notifications sought to be reviewed had themselves been quashed
Facts
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December,1978,the Tribunal has referred to the statement (Exhibit C-51) filed by the appellant when called upon to indicate the increased financial burden apprehended by it
Facts
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He stated that he made preliminary enquiry and brought Yashoda and her two daughters to the police station and sent two other officers in search of Accused Nos
Ratio of the decision
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A sealed packet containing hair found in the grip of the deceased and another sealed packet containing bloodstained cloth of the deceased were taken into possession vide Exhibit P/35
Facts
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Ors
Ratio of the decision
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No doubt one of the meanings given in the Black's Law Dictionary does say that in a more restricted sense the word is synonymous with 'fructus industrials
Argument
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While this dispute was pending it appears the appellant applied to the Conservator of Forests for registration of the lands in his name, but the application was rejected on June 14, 1919 stating that the land applied for cannot be registered (Ext. A
Facts
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Each of the respondents was convicted of the first two offences, but
Facts
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Why can they not be tried jointly for both murders and why should there be two trials for the two murders
Ratio of the decision
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The aforesaid documents leave no room for any doubt that the respondent was reminded of his failure to join his duties at Ukai and he was further reminded that his unauthorised absence had exposed him to disciplinary action
Ratio of the decision
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The said Prabhjot Singh was said to have been operating three firms,viz
Facts
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An appeal shall lie to the Appellate Board from any decision,order or direction of the Controller or Central Government under Section 15,Section
Statute
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The only difference I see in them is that the dramatic work (Plays) forms the text upon which the performance of the plays rests whereas a 'literary work' enables one to read the printed words
Ruling by Lower Court
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Aggrieved,the appellant has preferred the instant appeal after obtaining special leave of this Court
Facts
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a right of appeal was available to the aggrieved party against orders passed under S.25.The said appellate remedy was available by way of an appeal to the High Court
Statute
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They are to be registered in the municipal records in the name of the deity, the municipal bills have got to be taken also in his name and none of the testator's representatives, heirs, successors, executors, administrators or assigns is to have any manner of interest in or right to the said premises or is to be competent to give away or effect sale, mortgage, etc
Ratio of the decision
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The special circumstance is that the appellant filed an application for registration u/s.48(1) and continued it till it was abandoned
Argument
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The High Court erroneously came to hold that the State Government had not filed any counter
Facts
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This section presupposes that the registration which was validly made is liable to be taken off by subsequent non-user
Precedent
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On a conjoint reading of the said clauses,it is plain that the appellant was under an obligation to re-deliver the vessel as per the procedure contemplated in the afore-noted clauses
Ratio of the decision
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M.Deodhar,who gave their report which is marked as Exhibit P/18.Spot map was prepared by the Inquiry Officer (IO); bloodstained cloth of accused Shashi Tripathi was taken into possession along with broken bangles; bloodstained cement mortar and plain cement mortar were also taken into possession
Facts
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AL Act as it stood before its amendment at the time of filing of the suit and as it stood after its amendment after the filing of the suit
Ruling by Lower Court
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Counsel for the respondent has, therefore, taken us through the evidence of PWs
Argument
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for short "the Rules") is in question in this appeal which arises out of a judgment and order dated 27.12.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1611 of 2006 arising out of a judgment and order dated 23.11.2006 passed by a learned Single Judge of the said Court in SCA No.7092 of 2001
Ratio of the decision
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P.C
Argument
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Thereafter, the accused treated Bhimabai properly but after about four months they again started harassing her
Facts
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Placing strong reliance on the aforesaid decision, this Court in the case of Abdul Waheed Khan v. State of A.P., (2002) 7 SCC 175 2002 Indlaw SC 1777, observed as follows at page 184: "13
Precedent
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For the aforestated reasons,we do not find any merit in these civil appeals
Ratio of the decision
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Only certain sections of the Patents (Amendment) Act,2005 were brought into force
Facts
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The trial court found that the prosecution version rested on circumstantial evidence
Facts
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Against that conviction and sentence he -appealed to the High Court which maintained the conviction and sentence
Facts
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Therefore,the factual scenario in the instant case leads to an inescapable conclusion that notwithstanding the expiry of the period fixed in the time charter party dated 6th May,1997,the said charter party did not get extinguished,inter alia,for the purpose of determination of the disputes arising thereunder and the arbitration clause contained therein could be invoked by the respondent
Ruling by Present Court
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Reference has been made to Raj Kumar Prasad Tamarkar's case2007 Indlaw SC 5 (supra) wherein in circumstances surprisingly akin to the present matter, this Court had the following observations to make: "The conspectus of the events which had been noticed by the learned Sessions Judge as also by the High Court categorically go to show that at the time when the occurrence took place, the deceased and the respondent only were in the bedroom and the terrace connecting the same
Argument
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On that basis the learned Single Judge granted reliefs sought for by the respondents,however,imposing certain restrictions with regard to the age,being medically fit,on the date of the writ petition,had put in a minimum of three years of continuous service and such service prior to the attainment of the minimum qualifying age under the company should be ignored
Facts
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The first question,therefore,is what is a partnership
Ratio of the decision
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Indisputably,in view of the submissions made at the bar,respondent had acquired copyright in respect of seven Yakshagana Prasangas as also in respect of Yakshagana dramatic or theatrical form as a residuary legatee in terms of clause 12 of the Will dated 18.6.1994
Ruling by Lower Court
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The respondent No. 1, even after his appointment on two posts connected with VESCO, continued to work with the AECO also whose business had by then been confined only to that of Managing Agents of the four companies floated by D.L.N. Raju
Ratio of the decision
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Ameerbi (2007) 11 SCC 681 2006
Precedent
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It is alleged that Major Som Nath accused who is a Garrison Engineer Sirsa Air Field subsequently sometime in the months of March and April 1963 permitted the removal of the standing crop valued at Rs
Facts
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It is seen that preceding the nationalization of the Cycle manufacturing industry under the IDR Act,the respondent had a collaboration agreement with Sen Raliegh who was a registered user under Section 48.From him,the appellant came to succeed by statutory operation
Ratio of the decision
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Thus,in short,we find that the scheme under Maharashtra Land Revenue Code is quite different scheme and it permits more than one revision
Ruling by Lower Court
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We do not therefore think that there is any justification in the criticism that circumstances appearing in the several documents have not been put to him
Ratio of the decision
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she and her daughter-in-law Sheela Devi were sleeping in her house,around 11.30 PM,the appellant jumped over the front wall of her house and broke the bulbs and ran away; that at that time,no male member was present in the house except the children
Facts
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I to earn the confidence not only of the Directors of AECO but also of those of VESCO
Argument
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after, accepting illegal gratification of Rs. 3000 from them
Facts
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One of the terms of reference was 'to examine the measures taken so far to reduce prices of drugs for the consumer, and to recommend such further measures as may be necessary to rationalise the prices of basic drugs and formulations
Ratio of the decision
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Reliance was next placed on the decision in Pavani Subbamma v. Ammala Rama Naidu (1937
Precedent
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Ltd.was taken up and this Court passed the following order: "Delay condoned
Ruling by Lower Court
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The Labour Court on the basis of the materials produced before it arrived at the following findings : 1
Facts
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It may, however, include the fruit of the trees
Ratio of the decision
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It was urged before this Court that there was misjoinder of charges and persons
Precedent
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There is therefore one particular injury, being injury No. 1 caused because of stabbing and the rest being superficial in nature could be caused during scuffle
Ratio of the decision
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This matter is a classic illustration of the confusion which has emerged on account of the postponement of in-part commencement of Patents (Amendment) Act,2005
Facts
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v. U.P. State Electricity Board and Others, AIR (1997
Precedent
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It only consented for grant of liberty in favour of the first respondent for filing of an application for the self-same cause of action
Ratio of the decision
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Before we proceed to examine the rival stands,we may note,at the outset,that neither the Arbitral Tribunal nor the High Court have gone into the question whether the claim made by the respondent would otherwise fall within the ambit of the arbitration clause in the Charter Party or not
Ratio of the decision
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Paragraph 3 of the 1979 Order enables the Government, with a view to regulating the equitable distribution of any indigenously manufactured bulk drug specified in the first or the second schedule and making it available at a fair price and after making such enquiry as it deems fit, to fix from time to time by notification in the official gazette, the maximum price at which the bulk drug shall be sold
Statute
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A few days before Nag Panchami festival Bhimabai came to her parental home and complained that the accused were not giving her proper food, clothing and even footwear
Facts
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The present appellant who was the original defendant No.1 claimed to be a partner
Facts
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The learned Judge, Special Court shall take up the matter relating to confirmation of the auction sale in respect of the commercial properties immediately and pass an appropriate order thereupon within four weeks from the date of receipt of copy of this order
Ratio of the decision
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Ashrafulla Khan (2002) 2 SCC 560 2002 Indlaw SC 21
Precedent
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a) and (c) cannot be combined
Ratio of the decision
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Aggrieved by this decision,the respondent filed an appeal u/cl.15 of the Letters Patent which,as already stated,was allowed by the Letters Patent Bench of the High Court observing that the maternity benefit which the respondent was entitled to receive was for the period of her absence before delivery including the day of delivery and also six weeks thereafter,each week consisting of seven days including Sundays
Facts
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On the other hand,learned counsel for the respondent contended that a determination under s.2 (4) (i) of the Act that a particular Jagir 'was a proprietary one necessarily implied that the grant was of soil and the grantee was entitled to mines and mineral products which were expressly saved under s.10 of the Act and in any event on the facts obtaining in the instant case the competent authority acting under s.2 (4) (i) of the Act,while coming to the conclusion that the respondent's Jagir was proprietary one,bad relied upon the unqualified nature of the grant and also considered the evidence led before it touching upon the several rights such as right to sell fire-wood,babul trees,saltrees,timru trees,right to sell agriculture land and house sites; right to sell stones and gravel,right to sell or allow use of land for manufacture of bricks-enjoyed by the respondent since the time the grant had been made in his favour by the then Ruler and it was on the basis of such evidence that tile competent authority had come to the conclusion that the respondent's Jagir was a proprietary one
Argument
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Sunniwite Products Ld.(1949) 66 RPC 84
Argument
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In The Director of Inspection of Income Tax (Investigation),New Delhi and Another v
Precedent
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Let us consider these clauses along with another illustration
Ratio of the decision
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To put it clear,in the 1988 Act,if an offence u/s.7 is proved,the same is punishable with imprisonment which shall be not less than six months and in the case of Section 13,it shall not be less than one year
Statute
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The new Encyclopaedia Britannica (Vol-IV) 15th Edition,provides the following information about "Dramatic Literature
Ratio of the decision
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would,therefore,be illegal
Precedent
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It has deep and pervasive impact on the functioning of the entire country
Precedent
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Prabhu Choudhury,(1988) 2 SCC 172 1988 Indlaw SC 342 and Helper Girdharbhai vs
Argument
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The producer should not be driven out of his producing business
Precedent
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However,taking in view the fact that this litigation is going on for nearly a decade and also the fact that even the learned Single Judge in his impugned order dated December 11,1987 had remanded the case to the Rent Controller,we considered it proper in the interest of justice to hear the appeal on merits against the judgment of the learned Single Judge
Precedent
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It is also not necessary to go into the question whether the application filed by the appellant u/s.48(1) and its pendency would be a special circumstance in favour of the respondent
Ratio of the decision
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u/art.142 of the Constitution,would not ordinarily direct quashing of a case involving crime against the society particularly
Ratio of the decision
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The special court framed a charge only for an offence u/s.376 IPC and after trial convicted the respondent u/s.376 IPC and sentenced him to ten years imprisonment
Precedent
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The case of the appellants,as made out,was disputed by the respondent No.4.The case of respondent No.4 was that the scheduled land was mortgaged to the 3rd respondent,Rajashankar,in the year 1968 and after the expiry of the said mortgage,the mortgagee was liable to deliver possession of the same
Facts
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Sundesh Springs Private Limited
Facts
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According to Auction purchasers,the entire amount was paid as per highest bid
Facts
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There is not only a grammatical but a legal distinction between 'may be proved' and "must be or should be proved" as was held by this Court in Shivaji Sahabrao Bobade v. State of Maharashtra 1973 Indlaw SC 181 where the following observations were made
Precedent
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This Court has held time and again that between may be true and must be true there is a long distance to travel which must be covered by clear, cogent and unimpeachable evidence by the prosecu-tion before an accused is condemned a convict
Ratio of the decision
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We find from the medical evidence and from the chemical examiner's reports that the vaginal swab and clothes taken from the dead body did indicate the presence of semen
Ratio of the decision
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