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If a possible view has been taken,the High Court would be exceeding its jurisdiction to substitute its own view with that the courts below because it considers it to be a better view
Ratio of the decision
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With a view to become eligible to be considered as a permanent employee or a temporary employee, one must be appointed in terms thereof
Ratio of the decision
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IPC.That matter was considered u/s.465 of the Code and not relevant on the facts of this case
Precedent
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By the impugned order,the learned Single Judge has set aside the said Award,inter alia,holding that Arbitral Tribunal has the jurisdiction to adjudicate the disputes between the parties as the vessel continued to be hired by the appellant for the period subsequent to 31st August,1998 on the same terms and conditions,as were contained in the charter party dated 6th May,1997,only subject to the revision or modification of the rate of hire to be determined by the Oil Co-ordination Committee
Facts
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Mr. Goburdhan, the learned counsel for the accused has raised several arguments in the course of hearing
Argument
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Reliance for this argument has been placed on the decision of Raj Kumar Prasad Tamarkar v. State of Bihar & Anr. 2007(1
Argument
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After hearing the learned counsel for the petitioners,we are satisfied that no fault can be found with the impugned judgment of the High Court so far as the setting aside of the sale is concerned
Ruling by Lower Court
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S.35 of the said Act deals with decision on claims and stipulates by sub-s.(1) of S.35 of the said Act that if any question arises whether any person,and if so what person,is deemed under S.34 to be a protected tenant in respect of any land,the landholder,or any person claiming to be so deemed,may,within one year from the commencement of the Act apply in the prescribed form to the Tahsildar for the decision of the question and the Tahsildar shall after enquiring into the claim or claims in the manner prescribed,declare what person is entitled to be deemed to be protected tenant or as the case may be,that no person is so entitled
Statute
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they were preconstitutional or a post constitutional laws,they would be repugnant to the AICTE Act passed by Parliament under Entry 66 of List
Precedent
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The review contemplated by paragraph 27 in so far as it related to the notification under paragraph 3, it was submitted by the learned Additional Solicitor General, did not partake the character of a judicial or quasi-judicial proceeding
Argument
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The Union prayed that the position may be clarified and the award corrected accordingly
Facts
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Kajal Kumar Ghosh (2007) 2 SCC 220 2006 Indlaw SC 775,Rishikesh Sharma v
Precedent
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In exercise of the power u/art.142 of the Constitution,this Court generally does not pass an order in contravention of or ignoring the statutory provisions nor is the power exercised merely on sympathy
Ratio of the decision
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It appears that to begin with the death of S was a blind murder and the police was clue-less about the likely offender
Ratio of the decision
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In a suit by the respondent against his grandmother the daughter of the 'testator for a declaratory order preserving unmolested his future right and title to the said lands, it was held that the daughter took an estate subject to her daughters succeeding her
Precedent
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Ms. No. 989 of 1.9.1988 operative retrospectively from 1.4.1988
Facts
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and s. 471 read with s. 467, I.P.C
Facts
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It is noteworthy that the "intention to cause death" is not an essential requirement of cl
Precedent
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No.XXXIX of 1954) declares that a particular Jagir is a proprietary one,a further inquiry under s.37 (2) of the Bombay Land Revenue Code (Bombay Act
Ratio of the decision
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Verified that the above statements are true to the best of my knowledge and no part of it is false
Facts
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Prisons in the districts of Lucknow,Moradabad were added to the list
Facts
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It was also pointed out that the name "Yeh Jo Hai Zindagi" is associated with the "Vicco Laboratories" and that if they wanted to obtain another sponsor they could produce a new serial under a different name
Facts
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G.K.Pendharkar,the Managing Director of petitioner No.1 was asked to come to view the format of the programme and the petitioners were not even acquainted with the format of the serial while the respondents had taken concrete steps in this regard prior to the letter dated 11 July 1984
Ratio of the decision
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Apart from that, the respondents were represented by counsel at the trial who knew very well what the law was
Ratio of the decision
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The prosecution relied upon only circumstantial evidence,namely,confessional statements of the accused leading to recovery of various incriminating materials
Facts
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Section 19 (1) and (2) of TADA read as follows
Statute
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Section 85A,as it came into force after it was amended by Gujarat Act No.5 of 1973 w.e.f 3rd March,1973
Statute
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Legislation on the other hand looks to the future and changes existing conditions by making a new rule to be applied thereafter to all or some part of those subject to its power
Ratio of the decision
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These particulars which he may seek from the Government are mentioned by us only by way of illustration
Ratio of the decision
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Indlaw SC 138 (supra),it was held: "Therefore,having due regard to the substantive and procedural aspects,we are satisfied that the Act imposes only reasonable restrictions,in which case,it is saved u/art.19(5) of the Constitution
Precedent
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Such knowledge can be inferred from the defence,that is,if the defence of the accused showed that he was defending himself against the real and actual charge and not the erroneous charge
Ratio of the decision
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That was a case of a trespass for breaking and entering the closes of the plaintiffs and tearing up, digging up, cutting down, and carrying away the plaintiff's trees, plants, roots and seeds, growing on the closes
Precedent
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PW-21).His statement that the accused Chandra Prakash attacked the deceased is corroborated by the recovery of knife from Chandra Prakash
Ratio of the decision
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Sub-s.(2) of sec.464 provides that if the court of appeal,confirmation or revision is of opinion that failure of justice has in fact been occasioned,it may -- (a) in the case of an omission to frame a charge,order that a charge be framed and that the trial be recommended from the point immediately after the framing of the charge; (b) in case of an error,omission or irregularity in the charge,direct a new trial to be had upon a charge framed in whatever manner it thinks fit
Statute
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emphasis supplied
Ratio of the decision
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v. Tungsten Electric Co. Ltd., [1955
Precedent
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N.K.Mohammed Ghouse Sahib and another,A.I.R.1959
Precedent
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The appellant filed yet another suit (being suit no.2115 of 2002) before Delhi High Court for infringement of trade mark and passing off against the first respondent
Facts
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The true nature of the review provided by paragraph 27 in so far as it relates to the fixation of maximum price of bulk drugs under paragraph 3 leader price and prices of formulations under paragraphs 12 and 13 is hard to define
Ratio of the decision
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We have to consider,therefore,whether the procedure adopted by the Sate to determine the inter se seniority is in accordance with the rules and the law laid down in K.C Joshi case
Argument
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The learned counsel in support of his contention drew our attention to a number of decisions of different High Courts and contended that the words of this will should be construed in the manner as more or less similar words were construed by the courts in the wills dealt with in those decisions
Argument
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1998 Indlaw SC 732 (supra
Ratio of the decision
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The plea of alibi postulates the physical impossibility of the presence of the accused at the scene of offence by reason of his presence at another place
Ratio of the decision
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The amending provision,therefore,only related to procedure and not to any rights of the parties
Ratio of the decision
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Whereas,in the impugned order,the appointments of the respondents were said to have been passed without the knowledge of the Administrative Department (Revenue Department); in the counter affidavit,it was stated that no records were available in respect thereof and,thus,the said plea being inconsistent with each other,the orders of cancellation of appointment would be bad in law in the light of a decision of this Court in Mohinder Singh Gill and Anr.v
Ruling by Lower Court
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S.37(1) of the Code contains the well-known declaratory provision where under all public roads,lanes and paths,the bridges,ditches,dikes,beds of the sea,harbours and creeks below high-water-mark,and of rivers,streams,nallas,lakes and tanks etc.and all lands wherever situated,which are not the property of individuals,are declared to be,with all rights in or over the same,or appertaining thereto,the property of the Crown; then follows sub-s.(2) which is material and it runs thus: "37(2
Statute
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It was stated: "We may in this connection refer to the decision in Wilson v
Precedent
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Even in the earlier part of the impugned order of detention,i.e.detaining authority appears to have drawn his own conclusions
Ratio of the decision
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M/s Jaswant Sugar Mills Ltd
Ratio of the decision
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It was, in fact, held that as the Petitioners therein were not regularized in accordance with the prescribed rules and regulations for regular appointments, their services had to be terminated and as such there had been neither any arbitrary nor illegal action on the part of the respondents nor any violation of the Fundamental Rights guaranteed under Arts
Precedent
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Therefore,the statement of P.W.3 and his mother that those articles were brought by the accused and left in the upstairs room is to be considered with a pinch of salt
Ratio of the decision
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In,pursuance of the said order,this Bench has been constituted
Facts
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Union of India' 1990 Indlaw SC 270 in which this Court had directed to determine inter se seniority of the direct recruits and promotee Asstt
Ratio of the decision
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This appeal, by special leave, has been preferred against the judgment and order dated 23 February 2005 of Bombay High Court (Aurangabad Bench), by which the appeal preferred by the appellants was dismissed and their conviction under Section 304-B read with Section 34 IPC and sentence of 7 years RI imposed thereunder by the learned Sessions Judge, Aurangabad, was affirmed
Facts
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Great emphasis was laid on the second clause of paragraph 3 of the 1979 Order which provides that in fixing the price of a bulk drug, the Government may take into account the average cost of production of such bulk drug manufactured by an efficient manufacturer and allow a reasonable return on networth
Argument
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If the same line of reasoning is adopted here, the decision of the case would go against the client of Mr. K. S. K. Iyengar because in the will in this case the widow's estate is delimited by the words "till your lifetime
Ratio of the decision
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1,000-00 2.Directing the Defendants to pay to the plaintiff damages of Rs.15,000/-towards infringement of her copyright on account of stating or performing Abhimanyu Vadha on 18-9-2001 at New Delhi
Facts
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The skin around the entry wound shows characteristic blackening, scorching and tattooing
Ratio of the decision
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Every appeal under this section shall be in writing and shall be made within three months from the date of the decision,order or direction,as the case may be,of the Controller,or within such further time as the High Court may in accordance with the rules made by it u/s.158 allow
Statute
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During the agricultural year immediately preceding the abolition, the petitioners had not actually derived any income from the forests and as such they were under no obligation to pay any income-tax on such income
Ruling by Lower Court
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On or about 23rd of August,1963
Facts
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It is true that by introducing this provision the disability placed on an accused person in respect of giving evidence on oath in his own defence has been removed and to that extent such person is placed on par with an accused person under the English law
Ratio of the decision
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The Additional District Magistrates (Independent) would also be under the control of the Government through the Board of Revenue
Ratio of the decision
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I wrote to the Managing Director admitting his responsibility and agreed to make good the amounts found short or such other amounts as would be found short up to the end of March, 1952
Facts
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233, 234 and 235 notwithstanding
Ratio of the decision
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It has also been submitted by Mr. Goburdhan that there appeared to be no motive for the incident as the story about Mukhtiar Kaur's unhappiness about the transfer of land to the sons of Ujjagar Singh sought to be proved by PW9 Balwinder Singh and PW10 Karam Singh had been disbelieved by the High Court with the observation that the statements of these two witnesses could not be relied upon
Ratio of the decision
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C.C.'? means conversion cost worked out in accordance with such norms as may be specified by the Government from time to time by notification in the official Gazettee in this behalf
Statute
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But our examination will stop there
Ratio of the decision
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Again,in Satvir Singh v
Precedent
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It is open to the respondents to question this status claimed by the petitioners
Ratio of the decision
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Hyderabad & Ors.,AIR 1996 AP 430 1996 Indlaw AP
Facts
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It is well settled principle of interpretation of Statute that if the Act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or understands to have a particular meaning in it, then the words are to be construed as having that particular meaning
Ratio of the decision
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Consistently with the said intention further,the master cassette of the said serial at all relevant times remained exclusively with the respondents and not with the petitioners and the petitioners paid to the respondents 50% of the royalty received from M/s Esquire Distributing and Servicing Pvt
Argument
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the procedure for the imposition of the tax is legislative and not quasijudicial
Precedent
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Appellant and the said Prabhjot Singh made statements u/s.108 of the Customs Act
Facts
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There is yet one more aspect emerging from the definition of the expression "proprietary jagir" which leads to the same inference."Proprietary jagir" has been defined in S.2(xviii) to mean a jagir in respect of which the Jagirdar under the terms of a grant or agreement or by custom or usage is entitled to any rights or interest in the soil
Ratio of the decision
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The University had granted conditional approval,as stated earlier
Argument
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However,the Arbitral Tribunal answered the said issue against the respondent
Ratio of the decision
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He urged that having regard to such determination that was made by the competent authority under s.2 (4) (i) of the Act it would be clear that a further inquiry into the respondent's rights to mines and mineral products,particularly gravel and stones under s.37(2) of the Code would be misconceived and incompetent
Argument
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They shall also bring any such violation to the notice of this Court by way of any interlocutory application
Facts
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It would also be clear from a plain reading of Section 121A of the Act that the High Court is also entitled to interfere with the orders of the Tribunals below when the material evidence on record was ignored or a finding was such that no court would come to such conclusion or that the decision of the Tribunals below was manifestly unjust
Ratio of the decision
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The importance and scheme of Section 5A was construed by this Court in several cases
Precedent
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Reliance was next placed on Maharaja of Kolhapur v. sundaram Iyer (1925) I.L.R. 48 Mad
Precedent
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Dhira Mitra one of the Co-sharers of the Sarkar family,the High Court having issued an order of injunction,the farm is no longer operating
Facts
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The learned counsel also urged that in any view of the matter,on the amendment of the West Bengal Land Reforms Act in the year 1936 giving it retrospective effect and defining land to include tank -fishery the Nalban Fishery vests in the State of West Bengal and,therefore,the High Court could not have issued the impugned direction
Argument
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The Copyright Act,1957 (for short,"the Act") was enacted to amend and consolidate the law relating to copyright
Statute
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1 who had sent a person on motorcycle who had given information regarding Bhimabai being unwell and that both the appellants were present at the time of her funeral
Facts
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In Tejkumar Balakrishna Ruia v. A.K. Menon and Another [(1997) 9 SCC 123] 1996 Indlaw SC 2403, this Court held: "In our view, the terms of sub-s
Precedent
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It is embodied in the deeds the functioning of the partnership
Ratio of the decision
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Dasti service in addition is permitted
Ruling by Lower Court
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No. 41-A
Ruling by Present Court
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Initially,the Land Tribunal allowed the application of the father of the appellants and feeling aggrieved; a writ petition was filed against the said order
Facts
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Even the affidavit affirmed by Shri Tayeng before the High Court in this behalf is silent
Ratio of the decision
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The writ petitions were disposed of by the learned Single Judge of Allahabad High Court by a common judgment dated 1st
Facts
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P.C. which was recorded very next day of the incident i.e. on 16 September 1991 she did not state that cause of ill-treatment was "a demand for money and a consequent beating
Facts
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The person giving the information must be accused of any offence
Ratio of the decision
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In a recent judgment of this Court in Essco Fabs 2008 Indlaw SC 2494 (supra),(2009) 2 SCC 377,this Court,after considering previous judgments as also the provisions of S.17 of the Act held: "Whereas sub-s.(1) of S.17 deals with cases of "urgency",sub-s.(2) of the said section covers cases of "sudden change in the channel of any navigable river or other unforeseen emergency".But even in such cases i.e.cases of "urgency" or "unforeseen emergency",enquiry contemplated by Section 5-A cannot ipso facto be dispensed with which is clear from sub-s.(4) of S.17 of the Act
Precedent
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For some years to come this is likely to be one of the few Consulting Engineers who will be securing major contracts
Facts
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Some time later other industrial concerns, the Andhra Cements Ltd., Vi jayawada and the East Coast Ceremics
Facts
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In view of the aforementioned pronouncement of law, we are of the opinion that it is absolutely necessary to request the learned Special Court to consider the matter afresh
Ratio of the decision
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