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The direction to her was that she should enjoy the entire properties including the outstandings etc
Ratio of the decision
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Non registration of the user agreement by Sen Raleigh and the appellant was due to the default of the latter
Facts
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Even though the appellant trust was not seeking aid from the Government and even assuming that it was financially self-sufficient,it would not be in the interests of the students & employment,to permit new engineering colleges to be established
Argument
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We shall refer to this company throughout as the AECO
Facts
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It is not necessary here to extensively deal with the evidence adduced by the prosecution
Facts
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At that time in 1984,the AICTE Act was not on the statute book
Precedent
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On failure to deposit the balance compensation, the second appellant Rajbir
Ruling by Present Court
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i) of the Act,a further inquiry under s.37(2) of the Bombay Land Revenue Code into the question whether a Jagirdar had any subsisting rights to mines and mineral products in the Jagir villages on the appointed date would be competent unless the grant of a right to mines and mineral products ,or the actual enjoyment thereof in keeping with the grant happens to ,be the basis of the,determination under s.2 (4) (1 ) of the Act
Ratio of the decision
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6.Revenue Officers in division
Statute
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Mr. Krishnaswami Iyengar sought to derive the greatest support for his contention from the decision in Ram Bahadur v. Jager
Precedent
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Two interpretations of the said provision S.46(1)(b) are possible
Ratio of the decision
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Background facts in a nutshell are as follows
Facts
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The trivial variation or inputs put in the judgment would not satisfy the test of copyright of an author
Precedent
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There is thus a clear indication of the intention of the testator to absolutely dedicate the said premises to the deity and it is impossible to urge that there was a partial dedication of the premises to the deity
Ratio of the decision
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However, we think that it is necessary to give a direction to the Government to dispose of the review applications after giving a notice of hearing to the manufacturer
Ratio of the decision
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Aaysons (India) and M/s
Facts
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When the judgment of the High Court is analysed in the background of what has been stated by this Court as regards circumstantial evidence,the inevitable conclusion is that the impugned judgment of the High Court does not suffer from any infirmity to warrant interference
Ratio of the decision
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We are however of the opinion, as already noted above, that a case of rape has not been made out
Ratio of the decision
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This imports the conception of a boon, a gift or a gratuity otherwise described as an ex gratia payment
Ratio of the decision
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It is true that the appellant in opposition to the applications for removal/rectification of trade mark did not specifically challenge in its counter affidavits the locus standi of the first respondent to be heard as a person aggrieved
Ratio of the decision
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On a careful perusal of the deposition of this child witness,we have not found any reason why he would have lied
Ratio of the decision
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1) continue in force as if they were made under this Act
Statute
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On April 30, 1952 the respondent No. 1, by selling some of his property, himself paid Rs. 50, 000/- to the Andhra Power System towards the sum due to it from VESCO and had promised to pay the balance shortly thereafter
Facts
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In the circumstances,we do not find any merit in this appeal
Ratio of the decision
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While extending benefit of this case,the discretion of the Court has to be exercised having regard to the circumstances in which the crime was committed,the age,character and antecedents of the offender
Ratio of the decision
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By their letter dated 02 January 1986 the petitioners informed the 1st and 2nd respondents that it was not possible to increase the costs of production for the episodes and that in the circumstances,the production of the serial may stop
Facts
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If it is a question of policy, even by ways of change of old policy, the Courts cannot intervene with the decision
Ratio of the decision
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The petitioners were also not able to prove that the entire serial rights including the exclusive right to use the title thereof belonged to the petitioners as alleged
Facts
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Any person even if innocent and not connected in any way with a gruesome crime which had recently occurred and was talk of the town, if called by police and interrogated as a suspect, would be scared and be apprehensive of the likelihood of his being implicated in the crime
Ratio of the decision
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As regard application of the doctrine of 'equal pay for equal work', it was held to be not applicable as the Appellants were not entitled to 'absorption' or 'classification' in terms of the 1961 Act and the 1963 Rules
Ruling by Lower Court
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Fine deposited
Ruling by Lower Court
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Rajahmurthy were started apparently by Raju himself- and the AECO was appointed the Managing Agent of each of these concerns
Facts
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The provisions of Ss.52 and 81 being imperative in character,no acquisition of land is permissible without service of any notice upon the persons interested which would include a tenant in occupation and carrying on business thereon
Argument
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He wished to make his daughter a fresh stock of descent so that her issue, male or female, may have the benefit of his property
Ratio of the decision
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1227 crores released to revenue on interest are given by the Custodian
Argument
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The trial court proceeded thereafter to examine the payments made in regard to production of the serial
Facts
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Despite such pressure,she was not able to get that money from her family
Facts
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Ltd.v
Precedent
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It was urged that a false declaration was made by M/s
Argument
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Thus,viewed from any angle,we find that the State Minister for Revenue when he entertained the matter,State Minister for revenue was possessed of jurisdiction under Section 257 of the Maharashtra Land Revenue Code and therefore the order passed by him under the said authority is within his jurisdiction,power and competence
Ruling by Lower Court
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The respondent had alleged in the two suits that the appellant was his tenant in the suit premises which were leased out to him and before him his father,for conducting the business in the name of Ahmedabad Fine
Facts
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I and II are enumerated in the First Schedule
Statute
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Point 2
Ratio of the decision
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In January 2001,the appellant filed yet another suit before the High Court of Judicature at Madras for permanent injunction restraining the first respondent from offering shares to the public as claimed in the Initial Public Offer (IPO) using 'Infosys'.The Single Judge of the Madras High Court passed an interim restraint order on February 1,2001 against the first respondent
Facts
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PROJECT WORK
Ratio of the decision
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Written submissions (in brief) should be submitted by learned counsel by July 13,1994
Ratio of the decision
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Employment in such institutions,therefore,is not devoid of any public character inasmuch as the service conditions of the academic staff were controlled by the University particularly in regard to their pay scales and the protection by University decisions creating a legal right or duty relationship between the staff and the management
Precedent
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F.made between the respondent company and Kipre and Co
Argument
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The permitted use of a trade mark shall be deemed to be used by the proprietor thereof,and shall be deemed not to be used by a person other than the proprietor,for the purposes of s.46 or for any other purpose for which such use is material under this Act or any other law
Statute
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It is enough to record that Shri Vellapally,learned counsel for the State of Kerala,disputes the minority character of these institutions
Ratio of the decision
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The appellant intervened in the said matter
Facts
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It was urged that it was clear from the counter of the respondent that the contemplation of a new prison was under consideration of the State Government for several years
Argument
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10,01,871-13-5 being the amount of reserve transferred from the investment account was also brought in
Facts
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On the arrival of accused party Anna Shetty ran away
Facts
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As stated in the narration of facts,the appellant was convicted u/s.7 of the Act for which he was sentenced to undergo rigorous imprisonment for six months and to pay a fine of Rs.500/-,in default,simple imprisonment for one month
Facts
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In Hanumant Govind Nargundkar and Anr
Precedent
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The appellant has received around Rs
Facts
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Thus it was found that the first 26 episodes the amount per episode paid by the petitioners was Rs.1,20,000/-and each bill contained the expression "service charges" which was stated by the appellants that the respondents acted as agents of the petitioners for production of suit serial
Facts
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G.K.Pendharkar are requested to join Mr
Facts
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The approver's evidence was held by the High Court to be inadmissible because the pardon granted to him was illegal
Ruling by Lower Court
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Whereas S.46 had a limited application,S.56 of the Act is wider in nature
Ratio of the decision
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It would,thus,be apparent that subject to section 46,for a registered trade mark up to date within one month before the date of making application for rectification for a continuous period of 5 years or longer if registered trade mark had not been use during that period,there was no bona fide user in relation to those goods by the proprietor thereof for the time being
Statute
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The fact, however, remains that the copies of the documents, books of accounts and other records on the basis whereof the Auditors appointed by the Court filed their reports had not been shown to the Appellants herein, on the premise that they were in know of the things
Ratio of the decision
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This is quite clear from the provisions of s. 537 of the Code as amended by Act 26 of 1955
Ruling by Lower Court
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Gaw Kan Lye v
Ruling by Present Court
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The Secretary of State for India and ors reported in 7 C.W.N.249.In that case,the properties of Ezra were sought to be acquired under the pre amended provision of the Act for expansion of the offices of the Bank of Bengal
Precedent
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Indisputably, the conditions precedent for appointment of the officers and servants of the Authority, as contained in the Service Rules had not been complied with
Ratio of the decision
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It was on that legal principle,this Court in State of Gujarat v
Ratio of the decision
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Appellant before us was detained u/s.3 of the Conservation of Foreign Exchange and Prevention of Smuggling Activities
Facts
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In Maneklal Chhotalal1967
Precedent
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In such a situation, while such enquiry by the subordinate legislating body as it deems fit is a condition precedent to the subordinate legislation, the nature and the extent of the enquiry is in the discretion of the subordinate legislating body and the subordinate legislation is not open to question on the ground that the enquiry was not as full as it might have been
Ratio of the decision
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On the 4th September 1909, Bhupendra, Jnanendra. and Nagendra, then a minor, the three sons of Rajendra filed a suit, being Suit No
Facts
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19,000 and interest thereon as also the dismissal of the suit in regard to the premises
Facts
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It seems to us that it would not be correct to read s. 337 (1) in the way sought by learned counsel
Argument
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For the purpose of this sub-section,the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity,or one rupee a day,whichever is higher
Statute
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3 SCC 576 1992 Indlaw SC 1107] or in the context of cl.(22) of Art.366 of the Constitution as has been held in H.H.Maharajadhiraja
Precedent
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Counsel's fee assessed at Rs.1,00,000
Ruling by Present Court
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P.8
Ratio of the decision
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The question,however,would be : what would be the consequence of non-compliance thereof vis-'-vis the conduct of the appellant himself
Ratio of the decision
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Therefore, the giving or taking of property or valuable security must have some connection with the marriage of the parties and a correlation between the giving or taking of property or valuable security with the marriage of the parties is essential
Ratio of the decision
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ii
Argument
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Some body suddenly came and fired at me
Facts
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Appeals dismissed
Ruling by Present Court
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The prosecution also relied on the statements of Dr. Vijay Kumar PW6 of the Civil Hospial, Dhuri who testified that the appellant had been brought to the hospital at about 2.45 p.m. on 10.11.2002 with a serious gun shot injury, Dr. Ripan Miglani PW15 of the Dayanand Medical College & Hospital, Ludhiana who deposed that he had been admitted to the department of Neuro surgery with a serious gun shot injury and Dr. Sanjay Uppal PW16, a plastic surgeon who disclosed that the appellant had been under his treatment for almost 5 weeks and the burnt area around the firearm injury had been removed by him
Facts
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A scuffle started between the nephew and the uncle in which the accused persons also received injuries and, therefore, the right of private defence of the appellant was available and in that view of the matter, the order of conviction and sentence is liable to be set aside
Argument
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We have heard learned counsel on both sides
Facts
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PW9 had gone to see a movie in a cinema hall where the accused was employed as a gate-keeper
Ratio of the decision
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The said dispute was referred for adjudication of the Labour Court, Indore, by the State of Madhya Pradesh on the following questions
Facts
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Secondly,compensation is made payable under S.11 of the Act to Jagirdars whose Jagirs and other incidental rights have been extinguished but it will be pertinent to note that no provision has been made for payment of compensation in respect of rights to mines and mineral products in a Jagir village,obviously because if by the grant in question the Jagirdar has not been given any rights to mines and mineral products no compensation would be payable and if there be a grant of mines and mineral products the same have been saved "to the Jagirdar under S.10 of the Act
Ratio of the decision
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The offences are of the same kind and must be deemed to have been committed in the course of the same transaction because of association and mutual connection
Ratio of the decision
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Similarly,"in connection with the marriage" is an expression which has to be given a wider connotation
Ratio of the decision
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Then, Accused No. 3 told the appellant and Accused No. 2 to finish off Rauji first. PW-8, PW-18 and PW-1 then lifted Rauji and brought him in the courtyard
Facts
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There is no order as to costs
Ruling by Present Court
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Learned counsel relied upon the decision of this Court in the case of State of Kerala vs
Argument
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No one else shall have any right or claims for the same.12.From time to time I have distributed among my children all gold and silver jewels and ornaments and other valuables,which were gifted to me by my friends and admirers
Facts
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By Lrs.[(2000) 1 SCC 518] 1999 Indlaw SC 941 and Krishtappa Yellappa Pujar & Ors.vs
Argument
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As has been aptly observed in Swatantar Singh v
Precedent
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Underlined for emphasis
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
Their work was satisfactory
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
He gave instructions to his subordinate and also to the people around that nobody should touch any article lying at the scene of occurrence
Ratio of the decision
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context