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In Kerly's Law of Trade Marks and Trade Names (11th edition) at page 166,the legal position with regard to 'person aggrieved' has been summarized thus The persons who are aggrieved are all persons who are in some way or the other substantially interested in having the mark removed where it is a question of removal from the register; including all persons who would be substantially damaged if the mark remained,and all trade rivals over whom an advantage was gained by a trader who was getting the benefit of a registered trade mark to which he was not entitled
Ratio of the decision
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the same would ripen into a legally enforceable claim
Ratio of the decision
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In any case, as the High Court rightly observed, the position of a trespasser cannot be better than that of a lawful tenant who having lost his possession cannot claim compensation or damages for anything erected on the land or any improvements made therein
Ratio of the decision
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It will be noted that in cl.(1) the words dismissed and removed have been used while in cl.(2
Precedent
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It was not contested before us that a Hindu can by will create a life estate, or successive life estates, or any other estate for a limited term, provided the donee or the persons taking under it are capable of taking under a deed or will
Ratio of the decision
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Here, one of the offences alleged against the respondents is criminal breach of trust punishable under s. 409, I.P.C
Argument
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Act,1970 for the reason that the amended Ss.116 and 117A were not brought into force
Facts
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The Division Bench of the Bombay High Court has elaborately discussed the question and passed the impugned order holding that Section 257 confers jurisdiction to the State Government to entertain its revision against the order passed by any Revenue Officer either in appeal or in revision
Ruling by Present Court
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Notice of this trespass was given to the defendant
Precedent
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By an order dated 19.1.1988,having regard to the provisions contained in the said Act,the learned Judge opined that appellant having become the registered proprietor of the said trade mark,no case for grant of injunction has been made out,the interim order of injunction passed on 19.12.1985 was vacated and the defendants were permitted to use their registered trade mark subject to the following conditions : "(a) Defendants will not use the logo/style of the word "Field Marshal" of which logo and style the plaintiff is the proprietor under the Copyright Act
Facts
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Such additional documents had been kept out of consideration by the High Court as also by us
Ratio of the decision
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He also stated that he got the complaint registered at the police station which was lodged by PW-1 and that on the next day he again went to the scene of offence and seized the properties involved in the crime which were sealed
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Union of India (1998) 4 SCC 409 1998 Indlaw SC 688 and E.S.P.Rajaram v
Precedent
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Whereas the Industrial Court declined to grant the respondent any relief because the working of the appellant during the year had resulted in a loss, the Labour Appellate Tribunal made a special case for the respondent in spite of its concurrence with that finding of the Industrial Court
Facts
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It may be assumed that a Hindu generally desires that an estate, especially an ancestral estate, shall be retained in his family; and it may be assumed that a Hindu knows that, as a general rule, at all events, women do not take absolute estates of inheritance which they are enabled to alienate
Precedent
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The life of the project came to an end on 30.6.1997
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Furthermore, the question as regard liability of the parties should have been determined at the stage of Section 9-A of the Act
Ratio of the decision
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Incidental to that activity there is an obligation under Section 46 of the Act to set up a canteen when the establishment has more than 250 workmen
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In a situation like in the present case,one cannot hold of any statute entitling the auction purchasers to claim interest,in case the auction got cancelled or set aside by the Court of law
Ratio of the decision
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The notes is as follows:- "Notes:-(i) Items of expenses to be excluded from costs-- a) Bonus in excess of statutory minimum
Ratio of the decision
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Those proceeding should not make it impossible for the identifiers who,after all,have,as a rule,only fleeting glimpses of the person they are supposed to identify
Precedent
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It is further significant to note that in the evidence given by the respondent No.3 before the Land Tribunal,he claimed that his father has taken the land in dispute on lease in the year 1962,from the father of the petitioners,Gundu Rao
Facts
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There it was said that: "the widows of Sivaji Raja got the gift of a life estate very much resembling the ordinary estate of a Hindu widow and with all the incidents of a widow's estate except the liability to be divested, but nevertheless a life estate rather than an estate of inheritance
Precedent
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In view of this situation learned counsel for the petitioner has submitted that he may be permitted to withdraw this petition with permission to file a fresh petition on this very cause of action after impleading M/s Thakural mechanical Works etc
Facts
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Puran Singh had died about 20 years earlier leaving behind his wife, two sons and a daughter Mukhtiar Kaur
Facts
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In any event, in this case, we have proceeded on the basis that the assertions of the Appellants as regard nature of their employment, their continuance in the job for a long time are correct and as such the question as to whether any adverse inference should be drawn for alleged production of documents called for would take a back seat
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Thus, according to the rule laid down in Virsa Singh case4 even if the intention of the accused was limited to the infliction of a bodily injury sufficient to cause death in the ordinary course of nature, and did not extend to the intention of causing death, the offence would be murder
Precedent
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Indlaw SC 157 (supra),(1962) Suppl.(1) SCR 933
Argument
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First, it must establish quite objectively, that a bodily injury is present; secondly, the nature of the injury must be proved
Precedent
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This contention is also rejected
Ratio of the decision
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Records clearly establish that there was indeed a scuffle between the parties with regard to the availability of electricity in a particular room and during the course of scuffle the appellant also received an injury which was simple in nature and that there was heated exchange of words and scuffle between the parties before the actual incident of stabbing took place
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It, therefore, cannot be a case where the death might have been caused by somebody by firing a shot at the deceased from a distance of more than 6 feet
Argument
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In Civil Appeal arising out of SLP (C) No.19375-19376 of 2005,the respondents were appointed on ad hoc basis for a period of six months
Facts
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According to the learned counsel,the respondents have collaboration agreement with Sen Raleigh which was taken over by the Government under IDR Act and the appellant came to manufacture,with the technical know-how supplied by the respondents,the Raleigh bicycles under the trade mark registered by the respondents in the register of the Registrar under the Act
Argument
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This direction shall not apply to those cases where the payments have already been made prior to 1-4-2000.Appeals are allowed to the extent indicated without any stipulation of costs
Precedent
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The High Court has pointed out that the main evidence on which the prosecution rests its case that the amount represented by the entries against these various firms were in
Ratio of the decision
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Again,the High Court,while setting aside the findings of fact also made the following findings: "But in the instant case,since the respondents 3 and 4 failed to produce any evidence to show that their father was cultivating the land in dispute as a tenant under the 5th respondent mortgagee and even when the entries in the R.T.C.extract produced do not support the claim of tenancy set up by the father of the respondents 3 and 4,the question of drawing presumption of deemed tenancy in his favour under S.4 of the Act does not arise
Facts
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Bhagwati,J.as
Precedent
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Though difficult, it is necessary that the line must sometimes be drawn as different legal fights and consequences may ensue
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10.Are
Facts
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The Custodian does not appear to have preferred claims before the Special Court on behalf of the largest lender on the so-called group against those he had to recover loans
Ratio of the decision
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The High Court initially passed an interim order on 17th July,1997 as under: "Considering the facts and the circumstances of the case,the respondents are directed to pay to M/s
Ruling by Lower Court
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Tribunal under rule 31 of the Industrial Disputes (Bombay) Rules,1957.Rule 31 provides: "The Labour Court,Tribunal or Arbitrator may correct any clerical mistake or error arising from an accidental slip or omission in any award it or he issues
Statute
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The words used in favour of the grandsons seem to indicate that the estate conferred on the daughter was not a life estate because there is no direct gift in favour of the grandsons, but on the other hand, what he says is that through his daughter the estate shall pass to his grandsons
Precedent
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When a fair dealing is made,inter alia,of a literary or dramatic work for the purpose of private use including research and criticism or review,whether of that work or of any other work,the right in terms of the provisions of the said Act cannot be claimed
Ratio of the decision
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By a deeming fiction in law,the onus shifts on to the accused to prove as to how the deceased died
Ratio of the decision
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Certain acts not to be infringement of copyright.-(1
Statute
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Did Nagendra act as shebait of the plaintiff deity under the wills of Dwarka Nath Ghosh and Rajendra Nath Ghosh
Ratio of the decision
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It divided the magistrates into two groups, Judicial magistrates and executive magistrates
Ratio of the decision
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It is under these provisions that the account books of the firms must be held to be relevant
Statute
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13.11.1997,when he met the appellant-accused,he informed him that his request for transfer has been processed and the order is ready and the same has been placed before the A.P.O.for signature and asked him to come on the next day,i.e.,on 14.11.1997,and demanded Rs.200/-for releasing the said office order
Facts
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Pootha Farm
Facts
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But as the Court directed that no further evidence on behalf of the State should be received, Ext
Ruling by Lower Court
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To Shri A.S.Pohani Junior Engineer,Ukai 37,Gurunagar Society Near Jakat Naka,Surat-3
Facts
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Union of India and Others [(1990) 3 SCC 15 1990 Indlaw SC 994] whereupon the learned Additional Solicitor General has placed strong reliance,this Court found that there had been potentiality or likelihood of prejudicial activities and,thus,or mere delay,as long as,it is explained,the court may not strike down the detention
Precedent
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It is accepted that no appointment letter was issued in favour of the Appellants
Ratio of the decision
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the proprietors of the mark on the labels bearing the mark "Monarch" on the different kinds of its food products and,therefore,the respondent company had no right to apply for registration in its favours as if it was the proprietor thereof
Argument
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a) where the names of one or more (but not all) of the authors arc pseudonymous and his or their identity is not disclosed,as references to the author whose name is not a pseudonym,or,if the names of two or more of the authors are not pseudonyms,as references to such of those authors who dies last; (b) where the names of one or more (but not all) of the authors arc pseudonyms and the identity of one or more of them is disclosed,as references to the author who dies last from amongst the authors whose names are not pseudonyms and the authors whose names are pseudonyms and are disclosed; and (c) where the names of all the authors arc pseudonyms and the identity of one of them is disclosed,as references to the author whose identity is disclosed or if the identity of two or more of such authors is disclosed,as references to such of those authors who dies last
Statute
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The Registry is directed to communicate this order to the learned Members of the Arbitral Tribunal to enable them to enter upon the Reference and decide the matter as expeditiously as practicable
Ruling by Present Court
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He has not produced any Geni receipts or any Lease Agreement to show that the 5th respondent has leased out the land in dispute in his favour on crop share basis and that he paid the Geni to the 5th respondent
Facts
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Where any property or any right in or over any property is claimed by or on behalf of the Crown or by any person as against the Crown,it shall be lawful for the Collector or a survey officer,after formal inquiry of which due notice has been given,to pass an order deciding the claim
Statute
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If these two names had stood by themselves without any further description of either of them,it could be said that both Kipre and Co.and the respondent company were jointly the owners of the mark as well as the owners of the goods to which the label was affixed
Ratio of the decision
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The same is an assignable right in terms of S.36 of the Act,whereas an unregistered trade mark is not
Ratio of the decision
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In these appeals, we are not concerned with the said flat
Ratio of the decision
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Either he must have intended that the daughter should convey the property either by will or inter vivos to the grandsons or she having taken the estate, through her it should pass to the grandsons in the ordinary course of devolution
Precedent
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In the writ petition before the High Court,the petitioners have given the details of the land holding,and it has also been stated that the entire holding of petitioners 2,5,7,9,10,11 and 13 have been acquired,and as a result of such acquisition,the petitioners have become landless
Ratio of the decision
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x 1= cm x 1 cm; (12) incised wound on left hand dorsal aspect on 2 nd and 3rd metacarpal region of size 2= cm
Facts
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In the present case, the appellant did submit the 'D' return to the Compensation Officer and adduced some evidence to substantiate it
Ratio of the decision
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The said conviction and sentence was affirmed by the High Court
Facts
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The Labour Court in absence of any pleadings or any proof as regard application of the 1961 Act and the 1963 Rules had proceeded on the basis that they would become permanent employees in terms of Order 2(ii) and 2(vi) of the Annexure appended thereto
Ratio of the decision
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It is an undisputed fact that Nalban Fishery had been requisitioned much prior to the aforesaid decree of this court dated 18.4.1979 and,therefore,the rights of the State to the fishery either by virtue of the requisition order or by virtue of any provision of any other statute remained protected and as such said State of West
Ratio of the decision
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Applications filed by the Appellants herein for release of the residential flats as well as the commercial premises from attachment were dismissed
Facts
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Secondly the evidence that was necessary to unfold the story of the prosecution has not been produced by the prosecution but the Trial Court and the High Court ignored this lacunas in the prosecution case
Ratio of the decision
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In this the appellant was not a partner.Exhibit-69 at page 136 of Volume-II of the paper-book is a partnership deed wherein Girdharlal the father of the Appellant No.1 and the appellant No.1 joined as partners
Ratio of the decision
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These two appeals involve identical questions and, therefore, are disposed of by this common judgment after noticing the factual position, so far as they are relevant
Facts
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This appeal by Special Leave arises out of a judgment and order dated 1st March,2005
Facts
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For the purpose of invoking the said doctrine, the nature of the work and responsibility attached to the post are some of the factors which were bound to be taken into consideration
Ratio of the decision
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Rangaramanujam,learned senior counsel for the appellant to address his arguments confining to quantum of sentence imposed on the appellant-accused
Facts
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The High Court rejected the said application stating that there was no rule allowing cross-objections in the Supreme Court
Ruling by Lower Court
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There cannot be piece meal hearing of an appeal on merits -first by this Court to determine if an offence under TADA is made out or not and then by the High Court
Ratio of the decision
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Pai has referred us to the Full Bench decision of the Kerala High Court in Malayalam Plantations Ltd
Argument
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S. 9 provides for the procedure and powers of the Special Court
Statute
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We also find that no part of the evidence of the hostile witnesses comes to the aid of the appellant
Ratio of the decision
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We mentioned that the price fixed by the Government may be questioned on the ground that the considerations stipulated by the order as relevant were not taken into account
Ratio of the decision
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The learned counsel for the appellants forcefully attacked the conviction of the other accused viz
Argument
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Without going into the question as to whether the statement of Kalu Ram, PW5 is to be believed or not in view of the same having not been supported by Santosh PW9, let us assess the intrinsic value of such testimony as a piece of incriminating evidence
Ratio of the decision
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An information received in regard to commission of a cognizable offence is not required to be preceded by a first information report
Precedent
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Indeed we find that within four years of the death of the testator the widow was able to pay a lump sum of Rs
Ratio of the decision
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The said partnership deed records six persons who were to run the business in manufacturing and selling Bharat Neon Signs tubes
Facts
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s.2(1) of the Act makes the Act applicable to every establishment being a factory,mine or plantation (including any such establishment belonging to Government and to every establishment wherein persons are employed for the exhibition of equastrain acrobatic and other performance
Statute
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4.That the courts below have refuted the claim of the petitioners that the bill dated 19 March 1984 establishes the fact that the production work had been started by the respondents at the behest of the petitioners
Ratio of the decision
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It was submitted that injured person Sukhbir was neither examined nor medical evidence like CT Scan, x-ray and operational notes and Sukhbir were produced to corroborate the oral evidence and while so courts below erred in convicting second accused Rajbir
Argument
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The case of tenancy as made out by the appellants or their father was denied
Facts
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In response to the said tender,the respondent and other vessel owners submitted their bids
Facts
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While a purposive interpretation is permissible where two interpretations are possible, the purposive interpretation must be such as preserves the constitutionality of the provision
Precedent
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The shortcomings in the work are required to be brought to the notice of the Legal Remembrancer
Precedent
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We may first deal with the question of unexplained delay
Ratio of the decision
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The sequence of events and the correspondence which ensued between the officers of the Board and the respondent clearly show that the respondent disobeyed the order of transfer and he remained absent from duty in an unauthorised manner without obtaining sanction of leave
Ratio of the decision
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In the rejoinder the promotees have stated that as on December 31,1974 a total number of 140 posts of Asstt
Ratio of the decision
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The sanction that has been accorded is in the following terms: 11th April 1966
Facts
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