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The promotees,therefore,are entitled to 50 per cent of the posts
Ratio of the decision
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in Saraswati Industrial Syndicate
Precedent
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The petitioners carried on business as manufacturers of ayurvedic pharmaceuticals products,which were sold under the brand name of "Vicco" and have acquired substantial reputation in the market
Facts
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Whether the accused person intended to commit murder of another person would depend upon the facts and circumstances of each case
Ratio of the decision
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O.S. 156 of 1103 M.E. (1927-28 A.D.) in the District Court at Quilon against the respondent to establish his right and title to the said 160 acres and in the adjoining Cherikkal lands in his possession
Facts
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The father of the deceased Pathan Yasin Khan,LW-1 and her mother Pathan Shamshad Begum,LW-2 were present at that time
Facts
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the High Court was correct in passing the impugned judgment in view of the fact that the respondent has been convicted in another criminal case No.202 of 1997 by the trial Court,New Delhi
Ratio of the decision
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The labour force which earns the profits of a particular year by collaborating with the employers is distinct from the one which contributed to the profits of the previous years and there is no continuity between the labour forces which are employed in the industrial concern during the several years
Ratio of the decision
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The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks,that is to say,six weeks up to and including the day of her delivery and six weeks immediately following that day
Statute
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However, we may hasten to add that regularization itself does not imply permanency
Ratio of the decision
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Further,it appears that the Tribunal intended to grant the increase of Rs.150/-to each draughtsman and Rs.100/-to all other workmen in their basic pay
Facts
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What it must now do is to consider the entire evidence and decide for itself whether it is sufficient to bring home all or any of the offences to the respondents
Ratio of the decision
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It has not been denied or disputed that even the xeroxed copies of the said documents had not been supplied to the detenue
Ratio of the decision
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In Virsa Singh v. State of Punjab4
Precedent
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In that case this Court upheld the order of the High Court of Madras in quashing the charges in the exercise of its inherent powers even before the conclusion of the trial
Ruling by Lower Court
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Learned counsel for the appellant also submitted that in any view of the matter,the IPAB erred in exercising its discretion under Section 46 of The 1958 Act without taking into consideration the aspect of public interest
Argument
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Raju shall undergo default sentence of one year
Ruling by Present Court
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As already stated by me while referring to the observations of Sir John Romily,it is not really necessary for me to decide in this case as to whether there could or could not be any property in a trade mark for the purpose of deciding this case
Precedent
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In the case on hand,it is to be noted that on appreciation of oral and documentary evidence led in by the prosecution and the defence and on appreciation of entire materials,the court of first instance i.e.the trial Court convicted the appellant and sentenced him as mentioned above
Ratio of the decision
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The primary object of the enquiry is to secure the bulk drug at a fair price for the benefit of the ultimate consumer an object designed to fulfil the mandate of Art
Ratio of the decision
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Sharda Prasad Tripathi (PW-1) deposed before the Court that she tried to create a hindrance in the marriage of his son Jitendra since she wanted her daughter Abhilasha to marry him; however,he went ahead with the marriage of Jitendra to Bhavna,whereupon Shashi Tripathi remained silent
Ratio of the decision
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In the instant case,non-production of the order and even non-mentioning of the conviction and sentence in the criminal Case No.202 of 1997 tantamounts to playing fraud on the Court
Ratio of the decision
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Emphasis supplied
Statute
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Reasonableness of restriction is to be determined in an objective manner and from the standpoint of interest of the general public and not from the standpoint of the interests of persons upon whom the restrictions have been imposed or upon abstract consideration
Ratio of the decision
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We may refer at this juncture to some illuminating passages from Schwrtz's book on 'Administrative Law
Ratio of the decision
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of the deity
Ratio of the decision
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Now, if the respondent No. 1 were alone tried upon the second, third and the fourth charges the provisions of s. 235(1) could have been pressed in aid if the allegations were that the offences were so connected together as to form one and the same transaction and the validity of the trial would not have been open to any attack
Ratio of the decision
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And also in Great Western Garment Co. Ltd. v. Minister of National Revenue , (1948
Precedent
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He has proceeded on the basis that even if the assets and liabilities of all individuals is taken on an individual basis, the liabilities would exceed assets in the case of each individual and corporate entity
Argument
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Initially,Section 5A was not there in the Land Acquisition Act,1894 but the same was inserted long ago by the Land Acquisition (Amendment) Act,1923 vide S.3 of Act 38 of 1923
Ratio of the decision
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Therefore,the operative rule as on that date appears to be 33 1/3 per cent in respect of promotees
Ratio of the decision
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We are concerned in this appeal with the right of Abdul Khader
Ratio of the decision
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He observed: "In the ultimate analysis the mechanics of price fixation has necessarily to be left to the judgment of the Executive and unless it is patent that there is hostiled discrimination against a class of operators, the processual basis of price fixation has to be accepted in the generality of cases as valid
Precedent
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No records there for were available with the State
Ratio of the decision
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A Town Planning Scheme,therefore,envisages calling for objection from the persons concerned for three purposes: "(i) in regard to draft scheme; (ii) lodging of any claim for payment of compensation; (iii) participation in the matter of allotment of final plots
Ratio of the decision
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Order came into force, the distinction between essential and non-essential bulk drugs was abolished and a maximum price had to be fixed for Barlagan Ketone also like other bulk drugs
Facts
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PROCEEDINGS BEFORE THE TRIBUNAL
Facts
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112 of 1100 M.E. were stayed, as such it cannot be said that these improvements could have been effected in good faith
Ruling by Lower Court
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18,Section
Statute
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Vaibhav Gaggar,learned counsel for the first respondent at quite some length
Facts
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One of the fundamental principles of justice is that an accused should know what is the charge against him so that he can build his defence in regard to that charge
Ratio of the decision
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Evidence of PWs 5 and 6 is amply corroborated by medical evidence
Ratio of the decision
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Mr
Argument
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It was found that the victim was brutally ravished and thereafter killed
Facts
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May,1965 in class 7 in respect of Flour Mills,circulating and centrifugal pumps; coupling for machines; pulleys included in Class 7,and valves (parts of machines) in the name of Pooran Chand Jain and Kailash Chand Jain,trading as Jain Industries,1166,Phatak
Facts
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Suffice it to state that the appellant,as a fact,had used the trade mark of the respondent in passing off the bicycles manufactured by it
Ratio of the decision
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It was observed by Lord Buckmaster in delivering the judgment of the Privy Council in Gnanendra Nath Das v. Surendra Nath Das, (1920) 24 C.W.N. 1926 at p. 1030
Precedent
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Abnormal conduct of accused Kalu Ram, PW5 stated that two or three days after the date of dead body of S having been found
Ratio of the decision
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The legislature,the learned Judge,felt,further empowered High Court in its revisional jurisdiction to pass such order with respect thereto as it thought fit
Precedent
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Eventually many of those ventures failed
Argument
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For instance it is quite possible that the person whom he allowed to cut the crop may be his own relation or friend in whom he may be interested and who may, however, not know that the accused was doing something dishonest in permitting him to cut the crop
Ratio of the decision
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3 of the said will provided "With a view to provide a permanent habitation for the said deity, I do by means of this will, dedicate the aforesaid immovable property the said house
Ratio of the decision
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Sub-Rule (4) makes it imperative upon the Town Planning Officer to "give all persons affected by any particular of the scheme sufficient opportunity of stating their views and shall not give any decision till he has duly considered their representations,if any".Sub-Rule (5) provides for recording a brief minute setting out the points at issue and the necessary particulars if during the proceedings,it appears to the Town Planning Officer that there are conflicting claims or any difference of opinion with regard to any part of the scheme
Statute
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Admittedly,by his previous order dated November 24,1959,the Mamlatdar of Talukadar,had declared that the respondent had been granted all the rights,particularly the right to quarry and remove gravel and Stones,in Isarwada and Kapoda villages in the year 1947 by the Idar Stale and that thereafter in the years 1952 and 1953 the Jagirdar had taken the produce of stone and that,therefore,the Government could not stop him from "taking out gravel and stones" but that the rights to excavating mica had been retained by the State; further,pursuant to this 'order the appropriate entry had been made in the relevant village records (Form No.6) of village Kapoda on June 18,1963,recognising the respondents right to,take out gravel and stones,which entry was verified and confirmed on March 30,1965,it was in this situation that the respondent made the aforesaid two applications,one to the Collector,Sabarkantha and the other to the Mamladar Taluka Idar,whereby relying upon the previous order of the Mamlatdar dated November 24,1959,he requested that appropriate entries pertaining to his right to gravel and stones should be similarly made in respect of village Isarwada
Facts
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3) Whatever moneys that may be required to be invested in our partnership,are to be invested by the parties of the first,second,third,fourth and seventh parts out of us and the interest at the rate of 71/2 per cent per annum has to be paid for the moneys that may be invested in this partnership
Ratio of the decision
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Shyam Divan,learned senior counsel appearing on behalf of the respondent,on the other hand,submitted that notwithstanding the fact that the period fixed originally under the Charter Party or under the Addendum dated 29th June,1998 had come to an end,the subsequent conduct of the parties goes to show that charter of the vessel by the appellant beyond 31st August,1998 continued to be governed by the terms and conditions stipulated in charter party dated 6th May,1997 and,therefore,an arbitration agreement did exist between the parties
Argument
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Sometimes when the Courts have intervened on policy grounds the Court's view of the range of policies open under the statute or of what is unreasonable policy has not got public acceptance
Ratio of the decision
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The High Court has not dealt with the issue
Ratio of the decision
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If the testator had before his mind's eye his daughter and her heirs as the ultimate beneficiaries of his bounty, that intention could only be achieved by giving to the widow a limited estate, because by conferring a full Hindu widow's estate on her the daughter will, only have a mere spes successions under the Hindu law which may or may not mature and under the will her interest would Only be a contingent one in what was left indisposed of by the widow
Ratio of the decision
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The Charter of Demands was presented by the Union in July,1974 and when conciliation proceedings failed the State Government made the reference to the Industrial Tribunal in 1975.The Tribunal has referred to various considerations which prevailed with it in giving retrospectivity to the revised pay scales
Ratio of the decision
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Learned counsel would submit that the appellant has,for the first time,argued before this Court that the first respondent is not a person aggrieved and/or not capable of maintaining the rectification proceedings with respect to each and every good for which the appellant has been registered since the first respondent has not been registered for all the goods
Argument
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Shri R.K.Garg for the promotees contended that as on August 31,1982 selection of the promotees on regular basis to fill up the posts of Asstt
Argument
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Although both Sections,namely,Sections 46 and 56 require 'person aggrieved' to apply for removal of the registered trade mark from the register or rectification of a trade mark in the register,the expression 'person aggrieved' for the purposes of these two Sections has different connotations
Ratio of the decision
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The only limitation imposed by Section 6 is that in the first instance an offender under twenty one years of age,will not be sentenced to imprisonment
Statute
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The ingredients of clause "thirdly" of S. 300 IPC were brought out by the illustrious Judge in his terse language as follows: "12
Precedent
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he became only an Additional District Magistrate
Ratio of the decision
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Apart from denying the postal endorsement,the respondent placed no material before the Court in support of his pleading
Ratio of the decision
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The High Court by its judgment under appeal affirmed the decision of the trial judge and maintained his view on the construction of the will
Facts
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In fact, the Government of Tamil Nadu vide G.O.Ms
Argument
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In cases of such marks,whereas the Courts of Equity did require some slight user before the proprietor thereof could institute an action for infringement thereof,the statute enabled the registration of such mark without any user at all,because such mark being distinctive per se it was not necessary for the person applying for its registration to show that mark had acquired a reputation in the market,so that it could be associated only with his goods and of nobody else
Precedent
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Conservators,Forest are awaiting appointment to substantive vacancies
Ratio of the decision
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No doubt, under entry (9-a) in Part III of Sch
Ratio of the decision
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Mahesh,Chandra Prakash and Devendra Kumar,who admittedly were not known to the child witness Anil Kumar
Argument
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Placing reliance on several documents which have come into existence at a subsequent stage, Dr. Dhawan would contend that vacancies in fact had arisen after passing of the judgment of the High Court and, thus the services of the Appellants should be regularized there against
Argument
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Different statutes provide for different manner of service of notice
Ratio of the decision
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In relation to patents that are of recent origin,a higher scrutiny is necessary
Ratio of the decision
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Members of general public are the shareholders and the shares of the company are traded in through various stock exchanges in the country
Facts
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Sudhir Chandra,learned senior counsel appearing on behalf of the appellant has assailed the impugned order on the sole ground that the Charter Party dated 6th May,1997 having come to an end by efflux of time on 31st August,1998,the arbitration clause contained in it also perished and,therefore,in the absence of a fresh arbitration agreement,claim of the respondent relating to the period 1st September,1998 to 31st August,1999 could not be referred to arbitration by invoking arbitration clause in Charter Party dated 6th May,1997.Laying emphasis on the fax message dated 26th August,1998 addressed by the Oil Co-ordination Committee to the oil companies,including the appellant,inter alia,informing them that no further extension of the Current Charter Hire Rate will be allowed,learned counsel submitted that the said message made it clear to all concerned that Charter Party dated 6th May,1997 would not be extended under any circumstance
Argument
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Thus the pleadings and the evidence on record clearly indicated that the respondents were not the agents of the petitioners for the purpose of producing the said serial
Ratio of the decision
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Gupta contended that the validity of the said Act has been challenged and is pending before the Calcutta High Court,an interim order has been passed in the said proceeding and therefore until that matter is decided it cannot be said
Argument
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Mr. V.R. Reddy, learned Senior Counsel appearing on behalf of the Respondents, on the other hand, would contend that indisputably the Appellants were engaged by the Respondent-Authority but such appointments were made for the purpose of the Project financed by ODA
Argument
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There is no such indication in the will before us
Ratio of the decision
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P/27
Facts
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Appeal dismissed
Ruling by Present Court
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We may state that Counsel for-the respondent categorically stated before the Court that his client was confining his right to excavating only one type of mineral product,namely,gravel and stones,and that too from only two villages,namely,Kapoda and Isarwada comprised in his Jagir,in regard to which the Mamlatdar's order dated November 24,1959,was quite clear and,therefore,he urged that the further inquiry under s.37(2) of the Code into that very right was misconceived and uncalled for
Argument
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The aforesaid Corporation issued an advertisement for auctioning the Nalban Fishery for a Boating Complex
Facts
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it was observed as follows: "It is,therefore,obvious that the writ petition invoking jurisdiction of the High Court both u/arts.226 and 227 of the Constitution had tried to make out a case for the High Court's interference seeking issuance of an appropriate writ of certiorari u/art.226 of the Constitution of India
Precedent
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Vs
Precedent
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Emphasis supplied] [See also Bank of India v
Precedent
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Pricefixation may occasionally assume an administrative or quasi-judicial character when it relates to acquisition or requisition of goods or property from individuals and it becomes necessary to fix the price separately in relation to such individuals
Ratio of the decision
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I do not tell this even to P.W.1
Ratio of the decision
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Those circumstances should not be capable of being explained by any other hypothesis except the guilt of the accused and the chain of the evidence must be so complete as not to leave any reasonable ground for the belief consistent with the innocence of the accused
Precedent
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This amount was posted in VESCO's Cash Handover Book as "'by safe" indicating that this amount was kept in the safe, though in fact it was not
Facts
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He has further deposed that Bhimabai had come to his house about six months earlier and had said all was not well between her and her husband, but she had not given any specific details
Facts
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The agreement dated December 29,1962 was modified and the respondents were given option to terminate the agreement
Facts
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She engaged the other accused for murdering Bhavna
Facts
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Pawan Alloys and Casting Pvt. Ltd
Precedent
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I suspect that somebody has tampered the register and entered the name of Sri Mohd
Facts
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It was furthermore held: "I am of the considered opinion that all the above changes brought about by Dr
Ruling by Lower Court
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The tenant's interest being distinct and separate could not have been held to be merged with the interest of the landlord,either for the purpose of allotment of a final plot or otherwise in favour of the landlord
Argument
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