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It was held that the AICTE Act was referable to Entry 66,List
Precedent
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In the present case,except stating that the documents were not supplied before the meeting of the Advisory Board,there is no pleading that it had resulted in the impairment of his right nor could counsel for the petitioners point out any such prejudice
Precedent
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The first and second respondents under the arrangement produced about 60 episodes and the petitioners have spent a crore of rupees for the products and telecast of the said episodes and have also spent large sums of money on advertising to popularize the said programme."Yeh Jo Hai Zindagi" had gained popularity and had become one of the most exclusive and popular serial
Facts
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The inquest on the dead body of Popat was conducted and the body was sent for post-mortem examination
Facts
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It would also be considered as a special circumstance for non user
Argument
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When the management of the appellant exercises such a complete control,the canteen shall be deemed to be run by the management itself
Ratio of the decision
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12,51,871-13-5 from the reserves
Facts
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The sufficiency of the existing pay scales was considered in detail,and regard was had to their original structure and the accretions made subsequently by way of dearness allowance and house rent allowance
Ratio of the decision
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PW
Ratio of the decision
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Thereafter this Court explained the ratio laid down in the case of Umaji's case1986 Indlaw SC 651 (supra) and expressed thus: "In Umaji case it was clearly held that where the facts justify a party in filing an application either u/art.226 or 227 of the Constitution of India and the party chooses to file his application under both these articles in fairness of justice to party and in order not to deprive him of valuable right of appeal the Court ought to treat the application as being made under Article 226,and if in deciding the matter,in the final order the Court gives ancillary directions which may pertain to Article 227,this ought not to be held to deprive a party of the right of appeal under cl.15 of the Letters Patent where the substantial part of the order sought to be appealed against is u/art.226.Rule 18 of the Bombay High Court Appellate Side Rules read with cl.15 of the Letters Patent provides for appeal to the Division Bench of the High Court from a judgment of the learned Single Judge passed on a writ petition u/art.226 of the Constitution
Precedent
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On April 24,1954,Sen
Facts
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S.K.Sharma,Rajendra Singh v
Precedent
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The High Court and the Joint Registrar fell into error in not drawing this distinction
Ratio of the decision
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Subsequently,the motherin-law of the deceased,again,demanded the balance dowry amount of Rs.10,000/-,which he could not pay
Ratio of the decision
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You have been relieved on 30.3.1974 A.N.on account of your transfer from Surat to Ukai,but you have not reported to Ukai till today and remained on unauthorised absence on relief,which is breach of S.R.No.112 and 113.Please submit your explanation as to why action should not be taken against you for disobeying order of superior and breach of S.R.No.112 and 113 within 7 days from receipt of this letter
Facts
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He pressed his claim for appointment as Secretary of VESCO and representative of the Managing Agents at Visakhapatnam and R .H.G
Ratio of the decision
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by cheques
Facts
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His two elder brothers Jnanendra and Bhupendra were declared to be the then sevayats, but a right was reserved to Nagendra to join with them as a sevayat on, his attaining majority
Ratio of the decision
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Dwarka Nath died on the 16th March, 1892, leaving him surviving his widow Golap Sundari and his two sons Rajendra and Jogendra
Facts
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Dealing with Writ Petition No.598 of 1993,the Court,after noticing that an agreement was entered into between the institution and the Government of Kerala according to which while 85% of the seats were to be filled by the Government and the remaining 15% of the seats were left for the management to fill up in its discretion,observed that since the basic principle in Unni Krishnan' as well as the order dated August 18,1993 is that merit shall be the guiding principle in the matter of admission,a plea for discretionary quota could not be countenanced and it was directed that the said writ petition shall also be governed by the order dated May 14,1993,as modified by addition
Facts
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These observations are unexceptionable but it may also be pointed out that it is open to a Hindu to confer a limited life estate on his widow or even a larger estate than a widow takes as an heir and that in every case he may not confer upon her by will a Hindu widow's estate which she would otherwise get by inheritance
Ratio of the decision
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On appeal,the Division Bench of the High Court affirmed the view taken by the learned Single Judge
Facts
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his also I dedicate to the Sheba of the said Sri Sri Sridhar Jew Salagram Sila Thakur
Ratio of the decision
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ii
Ratio of the decision
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In any view of the matter, the learned Judge, Special Court having not dealt with the question as regard the mode and manner of disbursements of the amount so far as the tax liabilities of the Appellants are concerned elaborately, the same requires fresh determination in the light of the decision of this Court in Harshad Shantilal Mehta
Ratio of the decision
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Constitution being the suprema lax, shall prevail over all other statutes
Ratio of the decision
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The manufacturer applied for fixation of price at Rs.8,500 per Kg
Facts
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That the first respondent filed composite applications under Sections 46 and 56 of The 1958 Act for rectification/removal of the trade mark 'Infosys' registered in Classes 7,9 and 16 is not in dispute
Ratio of the decision
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K.M.Charia Abdulla & Co.,AIR 1965
Argument
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Anr.(AIR 1978 Mad 336).He submitted that appellant is primarily in service industry which is unregistrable under The 1958 Act and since the appellant is not trading in the goods in respect of which it is registered,it cannot be said that the mark of the appellant is distinctive of its goods
Argument
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By reason of the impugned judgment and order dated 5.12.2007,the said appeal has been dismissed
Facts
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Implicit and intrinsically connected with the question of revision of the wage-scales were the questions of fitment of employees into the wage-scales and flat or ad-hoc increase of salaries of workmen wherever considered necessary
Ratio of the decision
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Factually therefore, there was only one main injury caused due to stabbing and that also was given on the back side of the deceased and therefore, it cannot be said that there was any intention to kill or to inflict an injury of a particular degree of seriousness
Ratio of the decision
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The direction given by the learned Judge in the remand order is correct although it may require a little clarification
Ruling by Present Court
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Coming to the next point of Mr
Ratio of the decision
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It was observed that in cases of intermittent use also,cl.(b) shall apply
Precedent
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PWs 5 & 6 have clearly spoken about the overt act of the accused that A-1 Jage Ram attacked and caused injury to PW-5 Jagdish with jaily blows and that second accused Rajbir
Ratio of the decision
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They will of course be entitled to enjoy the balance left after payment of rent
Precedent
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In the marriage,he had also given a gold chain,a double bed,an iron safe and other items
Ratio of the decision
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Consequent on the separation
Ratio of the decision
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By way of an explanation efficient manufacturer is defined to mean "a manufacturer-(i
Statute
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Act LIII of 1961) (hereinafter referred to as 'the Act') which in view of s.2(1) of the Act is the law applicable even to women workers employed in plantations
Facts
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It was contended by Mr
Argument
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The 55th episode was telecast sometime at the end of November or beginning of December 1985 and thus there was a time gap of 7/8 months between the protest and the telecast of the 55th episode
Facts
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Pursuant to the said arrangement,the respondent Nos.1 to 4 as the agents of the petitioners prepared at the costs and expenses of the petitioners,a serial entitled "Yeh Jo Hai Zindagi".The petitioners claimed that as a result of the employment of the respondent Nos.1 to 4 and the finances paid by them the petitioners are the owners of the said serial "Yeh Jo Hai Zindagi" and the title thereof
Facts
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The prices of formulations were dependent on the prices of drugs and it was not right that prices of formulations should have been fixed even before the applications for review against the notifications fixing the price of bulk drugs were disposed of
Argument
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From a plain reading of Section 121A of the Act,under which revisional jurisdiction can be exercised,it would be clear that the High Court,while exercising such power is entitled to re-appreciate the evidence when it finds that the conclusion arrived at by the appellate authority runs contrary to the materials on record and when it finds that there is no evidence to support the conclusion of the appellate authority or when it finds that the reasons given by the appellate authority are absolutely perverse and cannot be supported by the evidence on record
Ratio of the decision
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The question of legitimate expectation arises according to the appellants after the benefits were granted by the concerned G.O.Ms
Ratio of the decision
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2) of s. 3 has been entered into fraudulently or to defeat the provisions of this Act, he may cancel such contract or agreement and on such cancellation such property shall stand attached under this Act
Statute
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The High Court may,at any time,call for the record of any case under this Act for the purpose of satisfying itself that a decision made therein is according to law and may pass such order in relation thereto as it thinks fit
Statute
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It is of course true that the prosecution has tried to exonerate P.W.1 by adducing evidence through P.Ws.36 and 39 to the effect that immediately after recovery of the dead body,P.W.40 had taken two such keys,thus contradicting the alleged confession of P.W.1.However,the very suspicious role of P.W.40,who apparently was in possession of at least two keys of the same lock creates suspicion regarding recovery of another key after 5 months
Ratio of the decision
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No Government servant or employee of Public Undertaking has legal tight for being posted at any particular place
Ratio of the decision
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It is the Judgment and Order of the learned single Judge of the High Court by which he allowed the Second Appeal and remanded the suit,which is appealed against in this Civil Appeal of the plaintiff as is stated at the outset
Facts
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The prosecution has found it difficult to pinpoint the motive but Shashi Tripathi's husband Dr
Ratio of the decision
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The action of a statutory authority,as is well known,must be judged on the basis of the norms set up by it and on the basis of the reasons assigned therefor
Precedent
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Learned counsel for the injured-witness submitted that for quite some time injured-Sukhbir was unconscious and thereafter suffering from mental trauma
Argument
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By reason of the impugned judgment dated 26.4.2000, the said writ petition was allowed
Facts
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It is not a gift or gratuity, but a sum paid for services, or upon a consideration in addition to or in excess of that which would ordinarily be given" , 12
Precedent
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The words "if any" would only cover a case where notwithstanding such requisition,the probation officer for one reason or other has not submitted a report
Precedent
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In that view of the matter, evidently, creation of any third party interest is no longer in dispute nor the same is subject to any order of this Court
Precedent
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It is, therefore, necessary to briefly examine the evidence of the prosecution witnesses
Facts
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The injunction matter in Suit No.2408 of 1985 came up for hearing before a learned Single Judge of the High Court
Facts
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This case was negatived by the Industrial Court as well as the Labour Appellate Tribunal, both of whom held that the working of the appellant during the year 1949 had resulted in a loss
Facts
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Such a relief would have been beyond the scope and purport of the reference made to the Labour Court by the State Government
Ratio of the decision
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But if the area of original plot no.17/8 is included in the final scheme and in exchange of the original plot held by Keshav Gramini of 17/8 and 17/7,the final plot is already allotted and as observed earlier it was even otherwise in the ownership of the original holder and it is only on account of inter se dispute the other persons are lawfully occupying the land,the tenant cannot insist that his landlord must be allotted the land of final plot no.157 simultaneously,when he is to be evicted or deprived of the portion of the land of original plot no.17/8.Therefore,in my view considering the peculiar facts and circumstances of the present case,the decision of the Apex Court in case of Mansukhlal1991 Indlaw SC 975 (supra) cannot be made applicable to the present case
Ruling by Lower Court
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11(1)(a
Precedent
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Looking at the matter this way, I hold that what Mathur did was something very much short of investigation and, therefore, the provisions of Section 5-A were not violated
Precedent
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Considerations of social justice cannot be disregarded altogether, in relations between capital and labour
Ruling by Lower Court
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Girnar Impex Limited and M/s
Ratio of the decision
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Nor did the parties intend that the respondents should produce the said serial for the petitioners or at the instance of the petitioners and the respondents intended to embark on the production of the said serial on their own
Facts
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The conductor of the bus sent an information to the Depot Manager of the State Road Transport Corporation at Tuni
Precedent
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It must nonetheless be emphasized that whether a chain is complete or not would depend on the facts of each case emanating from the evidence and no universal yardstick should ever be attempted
Ratio of the decision
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At any time after the grant of patent but before the expiry of a period of one year from the date of publication of grant of a patent,any person interested may give notice of opposition to the Controller in the prescribed manner on any of the following grounds,namely: (a) that the patentee or the person under or through whom he claims,wrongfully obtained the invention or any part thereof from him or from a person under or through whom he claims; (b) that the invention so far as claimed in any claim of the complete specification has been published before the priority date of the claim- (c) that the invention so far as claimed in any claim of the complete specification is claimed in a claim of a complete specification published on or after the priority date of the claim of the patentee and filed in pursuance of an application for a patent in India,being a claim of which the priority date is earlier than that of the claim of the patentee; Explanation.-For the purposes of this clause,an invention relating to a process for which a patent is granted 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
Statute
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P.C
Facts
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LJ 1104
Precedent
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After finalizing the proposal by the TV authorities,respondent No.2 asked the petitioners as to whether they were interested in the linking up their ads with the said serial
Facts
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For a proper determination of the question involved in the appeal,it would,we think,be useful to refer to certain provisions of the Act which have a bearing on the subject matter of the controversy before US
Ratio of the decision
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In Kasinka Trading and Anr
Precedent
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Thus the profits or loss was of the respondents and there is element of liability to render account was missing and thus there was no question of respondents being the agents of the petitioners within the meaning of S.182 of the Indian Contract Act
Facts
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In the counter-affidavit filed by the State it is stated that as on December 1,1980 both permanent and temporary posts were 131.As on February 12,1986,203 posts were existing
Argument
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The Courts are bound to consider all aspects including the results sought to be achieved and the public good at large, because while considering the applicability of the doctrine, the Courts have to do equity and the fundamental principles of equity must for ever be present in the mind of the Court
Ratio of the decision
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73 crores (VI
Ratio of the decision
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January,1999,coupled with the fact that they continued to use the vessel,manifestly goes to show that except for the charter rate,there was no other dispute between the parties
Ratio of the decision
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The idol filed on the 20th November, 1950, cross-objections against the decree for Rs
Facts
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it would not be proper for us to consider as to whether such a remedy being not available, in terms of S. 4(2) of the Act can still be determined if raised by way of defence
Ratio of the decision
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Accordingly,the High Court set aside the Collector's order and further issued an injunction permanently restraining the State of Gujarat and the Collector from initiating any inquiry under S.37(2) in respect of the respondents rights to mines and mineral products in the said villages
Ruling by Lower Court
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Appeal allowed
Ruling by Present Court
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It was averred in the plaint that Ramalakshmi obtained a vested interest in the suit -properties under the will of her father and plaintiff was thus entitled to maintain the suit
Facts
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We have already referred to the provisions of Section 304-B of the Code and the most significant expression used in the section is "soon before her death".In our view,the expression "soon before her death" cannot be given a restricted or a narrower meaning
Ratio of the decision
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Unquestionably,the applicant's user was not large,but that fact makes no difference,because so far as this country is concerned,the mark was a new mark in respect of the class of goods in respect of which the applicant used it
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Section 257 is the relevant provision which deals with the power of State Government and of certain revenue and survey officers to call for and examine the records and proceedings of Subordinate Officers
Statute
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While in Appeal the High Court held that the Appellant could neither be tried nor convicted of the offence under 5(1)(a) as no sanction had been given in respect of it but upheld the conviction under Section 5(1)(d) for which sanction had been given
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233 and 239 of the Code of Criminal Procedure was considered by this Court and this Court observed
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However, the contention of the Appellants that the properties held by them otherwise are sufficient to meet their liabilities was required to be gone into, as, in our considered opinion, there cannot be a any dispute that the Appellants have such a right
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The respondent authority was not right in not placing it as it contains not only what is already referred to in the bail application dated 1-4-1999 but something more
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No. 41 Grey Street together with land thereunder to the said Sri Sri Issur Sridhar Jew
Ratio of the decision
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To my mind it is clear that even prior to the passing of this Act the owner of a trade mark could maintain an action for the infringement of a trade mark and that action could only be maintained on the assumption that he was the owner of the trade mark and he had a proprietary right in the trade mark
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It has alleged in the plaint that the plaintiff (appellant) was wrongfully dispossessed from 160 acres of land along with the improvements which had been effected by him and as the State had appropriated those improvements without any right or title thereto he claimed the value of those improvements
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A piece of land of the Company was put to auction for recovery of dues of the Company
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Union of India (1973) 2 SCC 337 1972 Indlaw SC 176.In Para 17 of the report this Court held that Section 5A embodies a very just and wholesome principle of giving proper and reasonable opportunity to a land loser of persuading the authorities that his property should not be acquired
Precedent
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