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The State has not created any post nor they could do so on their own
Precedent
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b) Whether the respondent had a bonafide intention to use the mark applied for under section 18 of the Trade and Merchandise Marks Act
Facts
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Thus the time which elapsed between publication of S.4(1) and S.17 notifications,and S.6 declaration,in the local newspapers is of 11 months and 23 days,i.e.almost one year
Ratio of the decision
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Moreover,all the circumstances should be complete and there should be no gap left in the chain of evidence
Precedent
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We have been taken through the order of detention
Ratio of the decision
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The University statute 9(7) merely required that the 'views' of the State Government be obtained before granting affiliation and this did not amount to obtaining 'approval'.If the University statute required 'approval',it would have been repugnant to the AICTE Act
Ratio of the decision
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If the non-user was,in fact,due to some other circumstances and would have occured whether the circumstances had followed or not,subs.(3) would not apply
Precedent
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Sub-cl.(I) of S.20 of the Trade Marks Act itself assumes and implies that such a right existed in the owner of a trade mark because it says that the unregistered holder of a trade mark can maintain a suit for the infringement of a trade mark provided that the trade mark was in use before February
Precedent
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In the institutions referred to in Writ Petition No.598 of 1993 and similar Minority Educational Institutions in the State of Kerala which are governed by an agreement with the Government of Kerala the admissions shall be made in accordance with the terms of those agreements
Facts
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It has been proved that the said bill was ante-dated and raised by the respondents in July,1984 ostensibly for the purpose of benefiting the petitioners for their obtaining tax concessions
Ratio of the decision
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For the purposes of this clause,communication through satellite or cable or any other means of simultaneous communication to more than one household or place of residence including residential rooms of any hotel or hostel shall be deemed to be communication to the public" Section 2 (ffa) defines the word "composer",in relation to a musical work,to mean the person who composes the music regardless of whether he records it in any form of graphical notation
Statute
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Thus the R.T.C.extracts produced by him do not support his contention that he was cultivating the land in dispute as a tenant
Facts
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2) The work to be carried out by our partnership is of manufacturing and selling Neon Signs Tubes and of obtaining orders therefore
Ratio of the decision
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If he withholds a vital document in order to gain advantage on the other side then he would be guilty of playing fraud on the court as well on the opposite party
Ratio of the decision
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Save as provided in this Act
Statute
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The Investigating Officer is, for this purpose, entitled to question persons who, in this opinion, are able to throw light on the offence which has been committed and is likewise entitled to question the suspect and is entitled to reduce the statements of persons questioned by him to writing
Precedent
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It has also been said "Rule making is normally directed toward the formulation of requirements having a general application to all members of a broadly identifiable class" while, "an adjudication, on the other hand, applies to specific individuals or situations
Ratio of the decision
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Sudhir Mehta Rs
Ratio of the decision
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We find no infirmity in the impugned order passed by the High Court
Ruling by Present Court
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In the year 1983,the said proprietary firm was converted into a private limited company which is the 1st respondent in the present suit and the 2nd respondent constituted respondent Nos.3 and 4 as his proprietary firm
Argument
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Srinivasa Rao originally a stores boy
Argument
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Thereafter,he went back to Tanuku from where he was subsequently transferred to Rajahmundry
Facts
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i
Argument
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It thus lays down the normal rule to be followed in every case
Statute
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Every reasonable presumption must be made in favour of an accused person; he must be given the benefit of every reasonable doubt
Ruling by Lower Court
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It generally represents the cash incentive given conditionally on certain standards of attendance and efficiency being attained
Precedent
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According to him, under that section only the powers of "a District Magistrate" meaning thereby only the powers under Entry 7 (a) in Part V of Sch
Ratio of the decision
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The plea taken should be capable of meaning that having regard to the time and place when and where he is alleged to have committed the offence, he could not have been present
Ratio of the decision
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Slides of vaginal swab were prepared for cyto-chemical analysis for blood and seminal stains
Facts
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Raj Gopal Asawa,(2004)4 SCC 470 2004 Indlaw SC 205
Precedent
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There was no direction that this report of the D.F.O. should be further subject to the approval of the Chief Conservator of Forests
Ruling by Lower Court
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Those expressions,it is urged,have been taken from the service rules,where they were used to denote the three major punishments and it is submitted that those expressions should be read and understood in the same sense and treated as words of Art
Precedent
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On October 24,1980,Sen Raleigh was nationalized and got vested in the appellant-Corporation by publication of the notification under IDR Act
Facts
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Our judgment is confined only to the period in question under the impugned show cause notices
Ratio of the decision
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The High Court also noticed the circumstance of respondent No.2's name appearing as 'producer' in the titles of the suit serial and the petitioners did not do anything by way of protest or other objection or take steps to withhold payment of the respondents which in the normal course would have been done and,therefore,the explanation now sought to be offered by the petitioners in the form of a written protest was devoid of any substance
Facts
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This appeal came up for hearing before us on 28th January,1988 and on that day
Facts
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T.L.R. 294, 297; where the Earl of Birkenhead observed "The term 'bonus' may of course be properly used to describe payments made of grace and not as of right
Precedent
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7.Revenue officers in district.(1)The State Government shall appoint a Collector for each district (including the City of Bombay who shall be in charge of the revenue administration there of; and a Tahsildar for each taluka who shall be the chief officer entrusted with the local revenue administration of a taluka
Statute
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State of A.P.(1996) 10 SCC
Precedent
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Whenever it can be shown,as here,that the applicant is in the same trade as the person who has registered the trade mark,and wherever the trade mark,if remaining on the register,would,or might,limit the legal rights of the applicant,so that by reason of the existence of the entry on the register he could not lawfully do that which,but for the existence of the mark upon the register,he could lawfully do,it appears to me he has a locus standi to be heard as a person aggrieved
Precedent
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In the light of the above, considering the case in hand, the occurrence was of the year 1994 when the complainant party was cutting pullas, the accused asked them not to cut the pullas which resulted in the wordy altercation
Ratio of the decision
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Appeal allowed
Ruling by Present Court
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Order 2979 was a quasijudicial activity obliging the observance of the rules of natural justice
Argument
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Substantially, this is what has been done by the learned Judge when allowing the revisions and remitting the case back to the Compensation Officer
Ratio of the decision
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Statutory right,however,may also be waived by his conduct
Precedent
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The canteen is provided in the factory premises of the appellant pursuant to Section 46 of the Factories Act,1948 [hereinafter referred to as the Act],which obliges a factory employing more than 250 workmen to provide such a canteen
Statute
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23 -Term of copyright in anonymous and pseudonymous works.-(1
Statute
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iii
Ruling by Lower Court
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The High Court also approved the invoking of emergency provisions u/s.17 of the Act as per the guidelines given in Essco Fabs Private Limited and another vs
Ruling by Lower Court
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former lessor).This Court dealing with the said question said that all depends upon whether there was an implied surrender of the lessee's rights when the usufructuary mortgage was executed in his favour by the lessor-mortgagor and only if an implied surrender of lossee's rights could be inferred then the mortgagor would be entitled to have delivery of physical possession upon redemption but not otherwise
Precedent
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Under these circumstances,it is not possible to agree with the contention of learned counsel for the appellant that the learned Single Judge had refused to interfere only u/art.227 of the Constitution of India when he dismissed the writ petition of the respondent
Precedent
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On 30th October,2002 C.A.No.7122 of 2003 preferred by M/s
Ruling by Lower Court
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In this context,it would be appropriate to refer to Cls.4 and 23 of the Charter Party dated 6th May,1997.These are in the following terms: "4.Delivery & Redelivery 4.1
Statute
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The High Court has propounded that the connection described in each of the various clauses is mutually exclusive, that no two of them can exist simulta- neously in any case and that one cannot, therefore, have in any case persons connected with one another in two or more ways
Ratio of the decision
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Unless, therefore, the provisions of s. 239 are applicable it would follow that there was a misjoinder of charges
Ratio of the decision
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323 IPC is confirmed and the sentence is reduced to the period already undergone by each of them
Ruling by Present Court
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No further claimed payment of bonus out of those reserves or undistributed profits can therefore survive
Ratio of the decision
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but she had no power to deal with the corpus of the estate
Ratio of the decision
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As early as in 1964,this Court in Nandeshwar Prasad and Ors.vs
Precedent
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The learned trial court appears to have ignored to take into consideration the essential requirements for establishing an offence under Section 3 of TADA
Ratio of the decision
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Raju attacked on the head of Sukhbir with pharsi
Ratio of the decision
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But then s. 235 (1) provides that if in any one series of acts so connected together as to form the same transaction more offences than one are committed by the same person, he may be charged with and tried at one trial for every such offence
Ruling by Lower Court
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The learned counsel would submit that the sufficient materials were brought on records to show that vacancies were available and as the Appellants worked for a period of more than six months, they became permanent employees in terms of the Act
Argument
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The respondent did not understand the averments in the plaint as alleging that no notice to quit was given to him is evident from the written statement of the respondent in paragraph, where it is stated thus
Ratio of the decision
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Shashi Tripathi (accused no.1) has filed Criminal Appeal arising out of Special Leave Petition (Criminal) No.3737 of 2014
Facts
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That letter had been addressed to respondent No.1,M/s Art Commercia
Facts
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The prosecution also placed reliance on the statement of ASI Jasbir Singh PW11 who had accompanied Inspector Harjinder Pal Singh PW14 to the place of incident and supported the recoveries made from the spot
Facts
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This was not done
Argument
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In Padanathil Ruqmini Amma v. P.K. Abdulla [(1996) 7 SCC 668] 1996 Indlaw SC 3096, this Court making a distinction between decree-holder auction purchaser himself and a third party bona fide purchaser in an auction sale, observed : "The ratio behind this distinction between a sale to a decree-holder and a sale to a stranger is that the court, as a matter of policy, will protect honest outsider purchasers at sales held in the execution of its decrees, although the sales may be subsequently set aside, when such purchasers are not parties to the suit
Precedent
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Similarly there is s. 5 of the Evidence Act which reads thus:" "It is the case of the prosecution that the alleged payments were never made by VESCO to the various firms
Statute
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a), (c) and (d) of s. 239 as well as that occurring in s. 235(1) ought to be given the same meaning according to the normal rule of construction of statutes
Ratio of the decision
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It is the case of the appellant that even, after the Act was passed, unauthorised occupants of land belonging to the Government who had made improvements therein had, under the rules made both under the Act and the Land Assignment Act a preferential claim over others for getting kuthakapattom or assignment of the property in their possession
Ratio of the decision
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The next point in the reverse order is equally unsubstantial and may be disposed of right away
Ratio of the decision
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Whether there was a partnership or not may in certain cases be a mixed question of law and fact,in the sense that whether the ingredients of partnership as embodied in the law of partnership were there in.a particular case or not must be judged in the light of the principles applicable to partnership
Ratio of the decision
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As noticed above, injured-Sukhbir sustained grievous head injuries and was deeply comatose and was in a state of shock and trauma
Ratio of the decision
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and we find that none of the aforesaid submissions has any basis
Ratio of the decision
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S.9 deals with the payment of compensation and provides that the amount of compensation payable under an award shall,subject to any rules made under that Act,be paid by a competent authority to the person or persons entitled thereto in such manner and within such time as may be specified in the award
Statute
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Rajwant Singh v. State of Kerala is an apt illustration of this point
Precedent
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It is true that even in the cited decision,the appellant accused demanded only Rs.250/-and it was paid and accepted
Ratio of the decision
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2001 Indlaw SC 19904,this Court considered the meaning of the expression "failure of justice" occurring in s.464 of Cr
Precedent
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Point 1 is decided accordingly
Ratio of the decision
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In the case of Ashok Kumar v
Precedent
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Is the instant case one where the amendment made by the Tribunal in the original award can be said to correct a mere clerical mistake or error arising from an accidental slip or omission
Ratio of the decision
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Thus,the short question for determination is whether on the expiry of the extended period of charter hire on 31st August,1998,Charter Party dated 6th May,1997 came to an end and the arbitration agreement between the parties perished with it
Ratio of the decision
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With a view to give effect to the provisions of the Act and the Rules framed thereunder,proceedings were initiated for allotment of the said land in terms of the Act.20% of the land was taken over without payment of any compensation
Facts
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The self-inculpatory statements of Appellant as also Prabhjot Singh purported to have been made in terms of S.108 of the Customs Act were required to be considered before the order of detention could be passed
Ratio of the decision
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We may also take notice of the decision of this Court in Mansukhlal Jadavji
Ratio of the decision
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The appellant got the trade mark 'Infosys' registered in 1987 in classes 16 and 9 in connection with computer stationery,computer manuals,printed manual for computer instruction and teaching materials; computer hardwares,computer interface,computer peripherals,electronics telex interface and in 1988 in class 7 in connection with machine and machine tools and motors (not for land vehicles).The particulars with reference to the trade mark registered by the appellant are as follows
Facts
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In his rejoinder affidavit the respondent denied the aforesaid allegations and asserted that the letter was not tendered to him and he never refused to accept the registered cover and the postal endorsement was wrong and incorrect
Ratio of the decision
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As regards the dried stain of semen on the appellant's under-pant, the court observed that the accused was a grown-up man of 30 years and no compelling inference could arise that the stain was caused during the course of the sexual assault committed by him on the victim girl
Argument
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Three civil appeals, stemming from three revision petitions to the High Court of Orissa under the Orissa Estates Abolition Act, 1951 (Orissa Act I of 1952) (for short, the Act) have reached this Court, thanks to special leave granted to the appellant, who is common in all the cases
Facts
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He indicated the indicia which led him to the conclusion that price fixation was a legislative measure
Precedent
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There cannot be any doubt or dispute that the registration of a trade mark confers a very valuable right
Ratio of the decision
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85A.(1).If any suit instituted in any Civil Court involves any issues which are required to be settled,decided or dealt with by any authority competent to settle,decide or deal with such issues under this Act (hereinafter referred to as the 'competent authority
Statute
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No reasons have been given by the learned Judge in issuing the said directing and on the other hand the order appears to be bald order calling upon and,thereafter,carry out the directions of the Hon'ble Supreme Court in respect of the same
Ratio of the decision
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In other words, there was clear violation of the principles of natural justice
Facts
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In DLF Qutab Enclave Complex Educational Charitable Trust vs
Precedent
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The Respondent-Authority is a State within the meaning of Art
Ratio of the decision
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Illustration (c) appended to S. 300 clearly brings out this point
Precedent
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On the basis of the aforesaid F.I.R.,investigation was taken up initially by P.W.40
Facts
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