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What it does is to make entries in books of account regularly kept in the course of business relevant in all proceedings in a court of law
Ratio of the decision
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The respondent's case was that no such registered letter was tendered to him by the postman nor he ever refused to accept the same
Ratio of the decision
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On strict interpretation,the view of the Division Bench may be correct but it is not correct to hold that by a bona fide user of an unregistered user when connection between the proprietor of the trade mark and the permitted user in relation to passing off the goods under the trade mark are proved,it does not render sub-section (2) of S.48 surplus age or otios
Precedent
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It was further submitted that the High Court should not have waived off the payment of fine amount by the accused respondent and that the High Court ought to have taken into consideration that the respondent has been in jail for only three days and had not put in substantial period in custody
Argument
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in the Forest Department, for the purposes of the Act
Ratio of the decision
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In Thirwnuruga Kirupan and Variyar Thavathiru Sundara Swamigal Medical Education & Charitable Trust v
Precedent
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Credits not given for relief obtained from Income Tax
Argument
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He is the Managing Director of a company,registered and incorporated under the provisions of the Companies Act,known as M/s
Facts
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None of her children survived her
Facts
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A small weapon like a revolver or a pistol is held in the hand, while a rifle or a shot gun is supported on the ground or against the wall
Ratio of the decision
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Notice for April 8,1986.Meanwhile,a temporary ex parte injunction is issued against the defendants restraining them from manufacturing or selling either themselves or through any dealer or representative diesel oil engines or parts thereof with the trade mark 'Field Marshal' and/or any other trade mark identical therewith and all goods falling in Cl.7 of the Trade and Merchandise Mark Rules
Facts
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On behalf of the appellant contention put forth at the forefront is that a writ would not lie against the appellant inasmuch as the appellant is engaged in the manufacture and sale of cigarettes and as an incident thereto has provided a canteen to its workmen pursuant to an obligation under Section 46 of the Act
Argument
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Therefore,there is no point in transferring the pending FAO No.292/06 and FAO No.293/06 to the Appellate Board which has no authority to decide matters concerning "pre-grant opposition".Moreover,it may be noted that even Section 117G,which refers to transfer of pending proceedings to the Appellate Board,is also brought into force vide Notification dated 3.4.07.Keeping in mind the peculiar nature of the problem in hand,we are of the view that ends of justice
Ratio of the decision
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Union of India (2001) 2 SCC 186 2001 Indlaw SC 20411 held that u/art.142 of the Constitution,this Court cannot altogether ignore the substantive provisions of a statute and pass orders concerning an issue which can be settled only through a mechanism prescribed in another statute
Precedent
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There was a clear prohibition, forbidding the widow to make any transfers of the milkiuit estates and the slaves
Ratio of the decision
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This will, among other things, save time
Ratio of the decision
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We will go no further
Ratio of the decision
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The trial court also relied on Exhibit C-1 which indicated that the respondents were submitting a format for the serial which was to be registered on behalf of the client M/s Vicco Laboratories
Facts
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The question is: whether the trade connection exists to dispel the charge of trafficking in the trade mark
Ratio of the decision
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Before the High Court also this grievance was aired but that Court also likewise found no justification in it
Ratio of the decision
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The derivative work produced by the author must have some distinguishable features and flavour to raw text of the judgments delivered by the court
Precedent
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He was also told that apart from signing important papers which may be sent to him by the respondent No. I from time to time to Manchili or wherever be might be would have no work to do
Facts
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1976 Indlaw MAD 380
Argument
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According to his submission a person is nevertheless a bona fide trespasser if he enters upon the land with a bona fide intention of improving the land
Ratio of the decision
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The above Rule provides that if an employee of the Gujarat Electricity Board continues to remain absent from duty or overstays the period of sanctioned leave and in spite of warning,he fails to return to duty,he renders himself liable to be discharged summarily from service without complying with the procedure prescribed for taking disciplinary action,under the Gujarat Electricity Board,Conduct,Discipline and Appeal Procedure
Ratio of the decision
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but it was still in existence for some purposes,viz.the effect of vessel s non re-delivery as per the prescribed mechanism and its continued use beyond the stipulated time
Ruling by Present Court
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So long the defence is not able to establish from the records by cogent evidence that there was any delay in sending the FIR to the Magistrate, it cannot be held that there was any such delay
Ratio of the decision
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State of Karnataka (AIR 1983 SC 446 1983 Indlaw SC 161); State of U.P.v
Ratio of the decision
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This decision is sufficient to dispose of the point under consideration
Ratio of the decision
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If there was any such existing law immediately before the commencement of the Constitution within the meaning of Art.372 of the Constitution,as the Madras University Act 1923 on the enactment of the present Central Act,the provisions of the said law if repugnant to the provisions of the Central Act would stand impliedly repealed to the extent of repugnancy
Precedent
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It is ordered accordingly
Ruling by Lower Court
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We have considered their arguments very carefully
Precedent
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Out of 665 employees at Bombay,the draftsmen and the administrative staff number 306.These workmen are members of the Tata Consultant Employees Union
Facts
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The object of the Code is to ensure that an accused person gets a full and fair trial along certain well-established and well-understood lines that accord with our notions of natural justice
Precedent
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The question therefore Would be whether these facts were sufficient to sustain the sanction under 5(1)(c) even if the charge under 5(1)(d) had failed
Ratio of the decision
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He also referred to section 4 of the Partnership Act about the principles of partnership namely,(1) there must be agreement entered into by all the persons concerned; (2) the agreement must be to share the profits of a business; and (3) the business must be carried on by all or any of the persons concerned acting for all
Precedent
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In this document the date of the conclusion of the contract is given as 3rd December'62 and date of commencement of work as 10th January'63, date of completion of 1st phase 9th October, '63 and second phase 9th May 1964
Ratio of the decision
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If one authority exercises revisional power,the other authority logically cannot have exercised such power
Precedent
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In this Act,'dowry' means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by any other person,to either party to the marriage or to any other person,at or before or any time after the marriage in connection with the marriage of the said parties,but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies
Precedent
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He further contended that the trial Court has committed serious error in exercising jurisdiction while not granting the benefit of probation to the answering respondent and the order of the trial Court was,therefore,rightly and justifiable modified by the High Court
Argument
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Jayantilal Chhaganlal and another,A.I.R.1939 Bombay 410 1939 Indlaw MUM 155.Ramaswami,J.in Mohammed Musa Sahib (dead) and others v
Precedent
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It was contended on behalf of the appellants that the, dedication of the premises
Argument
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The contempt petitions are accordingly disposed of
Ruling by Present Court
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30, 000
Facts
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The learned single Judge dismissed the application by his judgment dated September 13,1990 holding,inter alia,that any proprietor mentioned in S.46(1)(b) of the Act extends to bona fide user other than registered users
Facts
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These facts were accepted that there was a partnership
Facts
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The document is Exhibit-69 and is signed by the father of the appellant and the appellant himself also
Facts
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These observations of Vivian Bose, J. have become locus classicus
Precedent
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It is then contended that even if trees are not included in s. 9 and no notice of forfeiture is necessary, under the general law even a trespasser on the land, whether bona fide or not, is entitled to compensation or damages for the improvements made by him on the land
Argument
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By order dated October 7,19933 the Constitution Bench having regard to the fact that the year 1993 being a year of transition and adjustment and also in view of the orders of the Government of India permitting admission of foreign students to the extent of as much as 50% of the seats as well as the time that had already elapsed,permitted the private professional colleges to admit non-resident Indians and foreign students up to a maximum extent of 15% of the intake capacity of that year
Facts
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147 and 325, I. P.C. but also under s
Ratio of the decision
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In the latter case the locus standi would be ascertained liberally,since it would not only be against the interest of other persons carrying on the same trade but also in the interest of the public to have such wrongful entry removed
Precedent
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It would be appropriate at this stage to extract this part of the decree passed by this Court: "In view of the foregoing,we again wish to re-emphasize that the terms the decree shall not affect the rights of the State of West Bengal,in any manner whatsoever to the fisheries in question,if they have vested in the state under the provisions of the West Bengal Estates Acquisition Act,1953 (Act X of 1954
Ruling by Lower Court
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S.7 authorises the Central Government where it is of the opinion that it is necessary to do so to acquire requisitioned property
Statute
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This order of the learned Single Judge was challenged in appeal before the Division Bench and the Division Bench having dismissed the same,the present appeals have been preferred
Facts
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Once that procedure laid down in the AICTE Act and regulations had been followed under Regulation 8(4),and the Central Task Force had also given its favourable recommendations,there was no scope for any further objection or approval by the State
Ratio of the decision
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In its order of 22nd
Facts
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Sharda Prasad Tripathi (PW-1),the complainant,about the incident,when he came home after closing his clinic
Facts
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Registration of a trade mark remains valid for seven years
Ratio of the decision
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one incised wound on left auxiliary region on the posterior auxiliary region of size 3 cm x 2 cm x 3 cm
Facts
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The second accused Rajbir
Ruling by Present Court
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it has been observed thus
Precedent
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The leading case on the subject is Central London Property Trust Ltd. v. High Trees House Ltd., [1947] 1 K.B. 130
Precedent
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PW
Facts
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would be sub served if the High Court is directed to hear and decide the appeals bearing FAO No.292/06 and FAO No.293/06 in accordance with law as it then stood,i.e.,u/s.116 under Patents
Ratio of the decision
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But while this principle is easy to appreciate and follow where one person alone is the accused and the interaction or intervention of the acts of more persons than one does not come in, it would, where the same act is committed by several persons, be not only inconvenient but injudicious to try all the several persons separately
Ratio of the decision
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Sub-cl.4 of Regulation 8 reads as follows
Statute
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By order dated 12th October,1995,the Appellate Tribunal directed the appellant to file a fresh deduction claim before the prescribed authority
Facts
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The Central Government is empowered to prevent trafficking in trade mark
Statute
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It must not,however,be forgotten that S.46(1)(b) provides for a special remedy
Ratio of the decision
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Further the damage that would be caused in not observing them is immense
Ratio of the decision
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The "products" of a farm may include, the increase of cattle on the premises
Argument
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Before parting with the case we would like to place on record, an observation of ours, touching an aspect of the case
Ratio of the decision
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Onus has to be discharged by leading proper and cogent evidence
Ratio of the decision
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The story of rape by me with her has been fabricated by her husband as he is inimical towards me
Facts
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Otherwise, price fixation is generally a legislative activity
Ratio of the decision
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Pai has urged that since legislative intent,as revealed from the scheme of s.5(1) of the Act is to compensate the woman worker who expects delivery for the loss that her forced absence from work on account of pregnancy and confinement may entail,the liability which has to be imposed on her employer cannot exceed the amount that she would have earned if she had not been compelled to avail of the maternity leave and since Sunday is a non-working wageless day,the employer cannot be made to pay for that day
Argument
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The power according to the learned Judge was of the widest amplitude to pass such orders as the Court thought fit in order to do complete justice
Precedent
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The trade mark exists independently of the registration which merely affords further protection under the statute
Ruling by Present Court
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The question whether the idol itself shall be considered the true beneficiary, subject to a charge in favour of the heirs or specified relatives of the testator for their upkeep, or that, on the other hand, these heirs shall be considered the true beneficiaries of the property, subject to a charge for the upkeep, worship and expenses of the idol, is a question which can only be settled by a conspectus of the entire provisions of the will": Pande Har Narayan v. Surja Kunwari, [1921] L. R. 48 I. A. 143, 145, 146 1921 Indlaw PC 56
Precedent
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1969) 3 SCC 198 1969 Indlaw SC 573 and Ramgopal v. State of Maharashtra (1972) 4 SCC 625 1971 Indlaw SC 555 and Shivaji Sahabrao Bobade v. State of Maharashtra (1973) 2 SCC 793 1973 Indlaw SC 181 and observed thus: "A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established: (1)the circumstances from which the conclusion of guilt is to be drawn should be fully established
Precedent
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In the first instance, he placed reliance on a decision of the Madras High Court in Ratna Chetty v. Narayana swami Chetty (19I4
Precedent
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4, 8, 9, 10 and 20 put to the respondent No
Argument
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The Nalban Fishery had been requisitioned by the State of West Bengal in exercise of power under Section 3(1) of the West Bengal Land Requisition and Acquisition Act is not disputed and cannot be disputed and since the validity of the said order of requisition had been challenged by the Sarkar family in the Calcutta High Court and being unsuccessful there,they had also filed special leave petition in this Court in SLP (C
Statute
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The learned counsel would urge that a seniority list was also drawn up and an employment code was assigned to each one of the Appellants from which fact the nature of their employment should be judged
Argument
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You are,therefore,requested to supply photocopy of the said letter to the bearer of this letter as this letter is required for filing reply to the Hon'ble Court
Ratio of the decision
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Appellants have raised the contention that the prosecution failed to adduce evidence that A-2 Rajbir attempted to commit murder of Sukhbir
Argument
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In 1944 this person resigned from his appointments and started his own business in radio and electrical goods in the name of D. Brothers
Facts
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It is his pivotal contention that undisputedly when the respondent was not in urge of trade mark as "a registered proprietor" or its agent Sen Raleigh as Permitted user" for a period of 5 years immediately preceding the date of the application u/s.46 for removal of the trade mark from the Register,there was no bona fide user thereof in relation to those goods by the proprietor himself
Argument
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The acquittal in the previous case was urged as a bar under s. 403(1) of the Code to the trial for an offence under s. 467, I.P.C
Ratio of the decision
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During the trial Jora Singh PW1, Satnam Singh PW2, Gurdeep Singh PW3 and Kulwant Singh PW4 resiled from their statements given to the police and were declared hostile
Facts
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A title to a trade mark derived on assignment as provided for under the Act cannot be equated with a defective title acquired in any other property as admittedly on the date of assignment,the right of the registered trade mark was not extinguished
Ratio of the decision
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That was the main issue between the parties
Ratio of the decision
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Respondents
Argument
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S.7 of the Act relates to public servant taking gratification other than legal remuneration in respect of an official act
Ratio of the decision
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Sub-cl.(1) permits the Council to advice the Central Government in certain respects,sub-cl.(m) lay down norms for granting autonomy,subcl.(n) to take necessary steps to prevent commercialisation of technical education,cl.(o) to provide guidelines for admission of students to technical institutions and Universities imparting technical education,cl.(p) to inspect or cause inspection to any technical institution,cl.(q) to withhold or discontinue grant,cl.(r) to strengthen the existing organisa-tions etc.,cl.(s) to declare technical institutions as fit to receive grants,cl.(t) to advice for declaring institutions to be deemed as universities,cl.(u) to set up a National Board of Accreditation
Statute
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The other is that it is a 'matter of serious concern to the public interest
Ratio of the decision
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The main question in issue in this appeal as well as before the High Court in revision was whether there was a genuine partnership at the appellant was a partner
Ratio of the decision
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339 crores (VIII
Ratio of the decision
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Injury was bleeding fresh
Facts
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