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The explanations of the Managing Agents and the Directors of VESCO with respect to the items mentioned in the orders of the Board used also to be placed by him before the shareholders
Argument
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In Willie (William) Slaney v. The State of Madhya Pradesh , all the learned judges were in agreement on the point that this section and s. 535 cover every case in which there is departure from the rules set out in Ch
Ruling by Lower Court
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It appears that the said order was taken in appeal by the respondent and the matter was remanded to the Sub Divisional Officer
Facts
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s. 409 and s
Ruling by Lower Court
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art.226 of the Constitution challenging the,decision of the Labour Court
Facts
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I do not think that any problem would arise for interpretation of the award
Ruling by Lower Court
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The writ petition was ultimately disposed of on 20th August,1999.It was only after a gap of about seven months that on 15th March,2000,the IOC informed the respondent about the evaluation of the tenders in terms of the order passed by the High Court
Facts
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The materials which were produced before the High Court and on the basis of which it is decided that the decision of the Government is in order were not even pleaded in the pleadings and during arguments
Facts
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And,the said land is now vested in the Municipal Corporation from 1.7.1999,and is of the ownership of the Municipal Corporation
Facts
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In view of what has been stated above,the High Court was not justified in holding that the Letters Patent Appeal was not maintainable
Ratio of the decision
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State of Kerala,(1993) 4 SCC
Facts
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He was only a cadre controlling authority
Ratio of the decision
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Does the Special Court have any discretion relating to the extent of payments to be made under S. 11(2)(a) from out of the attached funds/property
Precedent
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The High Court did not consider the nature of the controversy and the prayer involved in the Writ petition
Ratio of the decision
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a) that Abdul Khader because he was a tenant between January,1942 to January,1948 for six years,therefore,was a protected tenant under sub-cl.(ii) of cl.(1) of s.34 of the Andhra Pradesh Act; (b) that Abdul Khader held the land from October,1943 to October,1949,therefore,was a protected tenant of Sail Gulshan under sub-cl.(iii) of cl.(1) of s.34 of Act 21 of 1950.In these circumstances,the High Court held that Adbul Khader was entitled to 60% of the compensation paid
Ruling by Lower Court
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A return on the working capital at a lesser rate than the return on paid up capital
Ratio of the decision
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If Thukral did,then it cannot be said that there was no bona fide use thereof by its proprietor
Facts
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Civil Appeal No.2300 of 1979 is dismissed
Ruling by Present Court
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Offence was registered under Sections 302 and 376 IPC
Facts
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When suit for redemption of the premises was filed by the respondent the appellant claimed,that after redemption,he was entitled to remain in possession of the premises because of the subsistence of his previous tenancy right
Ratio of the decision
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The same broad principles of justice and fair play must be brought to bear when determining a matter of prejudice as in adjudging guilt
Ruling by Lower Court
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The State proceeded on the said basis
Ratio of the decision
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Further scrutiny of the accounts was being carried out by Krishna Aiyar and in his subsequent report he pointed out that Rs. 2, 38, 000/- which were shown as having been paid to the Andhra Power System had actually not been paid
Facts
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On the 10th June, 1891, he made and published his last will and testament whereby he dedicated to this family idol
Facts
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Though original agreement was to have 27 episodes but having regard to the popularity of the programme the petitioners decided to increase the said serial to 52 episodes and by a letter dated 22 April 1985 the petitioners informed respondent Nos.1 and 2 that in the title of the 27th and 28th episodes it has been stated that it is presented by "Oberoi Films".Some time in May 1985,the 1st respondent proposed to the petitioners that some other products should be tied up with the serial "Yeh Jo Hai Zindagi".However,the petitioners were not interested in the same as they wanted the serial to project their products only exclusively and did not agree to any other products being tied up with the said serial
Facts
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1998) 9 SCC 81 1997 Indlaw SC 1403, Sudama Pandey & Ors
Ratio of the decision
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It was furthermore opined : "There may be a case where owing to certain special circumstances,a continuous use is not possible
Precedent
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Appeal dismissed
Ruling by Present Court
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Goma, to whose shop the three girls had gone to buy balloon, has not been examined
Ratio of the decision
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Section 46 deals with the removal of a registered trade mark from the Register on the ground of non-use
Precedent
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Recently in M.P. Electricity Board vs. Hariram etc. [2004 AIR SCW 5476
Precedent
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No order as to costs
Ruling by Present Court
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The learned Judge explained the third ingredient in the following words "The question is not whether the prisoner intended to inflict a serious injury or a trivial one but whether he intended to inflict the injury that is proved to be present
Precedent
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The said letter was replied by the Custodian by his letter dated 10.October.2003 wherein none of the queries contained in paragraphs 3 to 8 of the said letter was even attempted to be answered
Ratio of the decision
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The partnership deeds were there,the appellant was not to share in the losses
Ratio of the decision
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Indlaw SC 999,Union of India v
Precedent
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Initially the writ petitions were filed before the High Court, but after constitution of the Tamil Nadu Taxation Special Tribunal (hereinafter referred to as the 'Tribunal') the writ petitions were transferred to the Tribunal which held that on application of the principles of promissory estoppel and legitimate expectation, the withdrawal of benefit was not sustainable in law
Facts
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112 of 11 00 M. E
Argument
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Therefore,the concept of public purpose on this broad horizon must also be read into the provisions of emergency power u/s.17 with the consequential dispensation of right of hearing under Section 5A of the said Act
Ratio of the decision
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The said HMA No.456 of 2009 came before the court and it recorded the statement of parties on 16.11.2009.The parties moved another HMA No.457 of 2009 to waive the statutory period of six months in filing the second petition
Precedent
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Our attention has again been drawn to a passage from 'Law of Trade marks & Geographical Indications' by Shri K.C.Kailasam,wherein the judgment of the Tribunal has been criticized in the following terms : "From the above legislative intent,it would seem that the period of non-use of the trade mark is to be reckoned continuously from the date of its registration
Ratio of the decision
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For the purposes of performing its functions under the Act,the Council may (a) undertake survey in various fields of technical education,collect data on all related matters and make forecast of the needed growth and development in technical education; (b) coordinate the development of technical education in the country at all levels; (c) allocate and disburse out of the Fund of the Council such grants on such terms and conditions as it may think fit to (i) technical institutions,and (ii) Universities imparting technical education in coordination with the Commission; (d) promote innovations,research and development in established and new technologies,generation adoption and adaptation of new technologies to meet developmental requirements and for overall improve-ment of educational processes; (e) formulate schemes for promoting technical education for women,handicapped and weaker sections of the society; (f) promote an effective link between technical education system and other relevant systems including research and development organisations,industry and the community; (g) evolve suitable performance appraisal systems for technical institutions and Universities imparting technical education,incorpo-rating norms and mechanisms for enforcing accountability; (h) formulate schemes for the initial and in-service training of teachers and identify institutions or centres and set up new centres for offering staff development programmes including continuing education of teachers; (i) lay down norms and standards for courses,curricula,physical and instructional facilities,staff pattern,staff qualifications,quality instructions,assessment and examinations (j) fix norms and guidelines for charging tuition and other fees
Statute
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If necessary it is always open to the manufacturers to seek a short adjournment of the hearing of the review application to enable them to muster more facts and figures on their side
Ratio of the decision
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The copyright in the literary work has been assigned by reason of the said Will in favour of the respondent in terms of clause 12 of the Will
Argument
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Before dwelling further into the factual matrix of the case on the basis of which the High Court convicted the appellant u/s
Ratio of the decision
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Hence,the appellant-accused has preferred this appeal by way of special leave petition before this Court
Facts
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This means that until the maximum sale price of an indigenously manufactured bulk drug is fixed under paragraph 3 of the 1979 Order, the price fixed under paragraph 4 of the 1970 order or the price permitted under paragraph 5 of the 1970 order was to be maximum sale price
Ratio of the decision
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The first three provisions relate to the framing of charges against a single accused person
Statute
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The matter has already been discussed with you and finalised
Facts
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First accused Jage Ram pleaded that on the date of occurrence-complainant party Jagdish and his sons Mange Ram and Sukhbir forcibly trespassed into the land belonging to the accused and attempted to forcibly cut the pullas
Facts
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The appeal came up for hearing before us on 16.2.1988 when another counsel appeared to argue the appeal on behalf of the respondent on merits
Facts
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It appears that in October,1967,Subbammal,respondent No.2 herein,who is a woman worker employed in Mount Stuart Estate (hereinafter referred to as 'the establishment'),which is carrying on plantation industry,was allowed leave of absence by the establishment on the basis of a notice given by her of her expected delivery which actually took place on December 16,1967.After her delivery,the respondent was paid by her employers on account of maternity benefit an amount equivalent to what she would have earned on the basis of her average daily wage in 72 working days falling within twelve week's of the maternity period
Facts
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The judgment of the High Court,therefore,cannot be sustained
Ruling by Present Court
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Chapter IV of the Andhra Pradesh Act deals with protected tenants and s.34 of the said Act provides who is to be considered as a protected tenant and uses the expression that a person shall,subject to the provisions of sub-ss.(2) and (3),be deemed to be a protected tenant in respect of the land if he has fulfilled the conditions mentioned in clauses (a) and (b) of sub-s.(1) of S.34 of the said Act
Statute
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I and was thus beholden to him
Argument
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As admittedly compensation had not been calculated by the date of vesting, the Compensation Officer lost his statutory jurisdiction to do so
Ruling by Lower Court
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At this stage it may be useful to refer to a judgment of this Court in the case of Muncipal Corporation, Faridabad vs. Siri Niwas (JT 2004 (7) SC 248) 2004 Indlaw SC 719 wherein this Court disagreed with the High Court's view of drawing an adverse inference in regard to the non-production of certain relevant documents
Precedent
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The statement of Shahu was recorded during investigation on 25.3.1991, i.e. about six days after the date of incident
Ratio of the decision
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The High Court by the impugned judgment dated 1st March,2011,though noticed the aforesaid facts including the fact that the Collector,Tulsi Gaur by order dated 20th February,1992 held that there were dues of about Rs.10.44 crores payable by the Company,part of which can be adjusted from the compensation amount paid by the Meerut Development Authority,even thereafter an amount of Rs.6.09 crores will remain payable by the Company,but the High Court failed to address such issue
Ratio of the decision
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In the judgment under appeal which is directed against the award made by the arbitrator formulated the following four issues--(1) what is the value of the land; (2) who are entitled to the compensation amount; (3) whether Abdul Khader is a protected tenant of Sail Gulshan of the area 19-02 guntas excluding the land of buildings,wells,etc.and (4) what share is to be apportioned to successors of Sail Nawaz Jung
Facts
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Then, there is "culpable homicide of the third degree
Precedent
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The biscuits were sold under the brand name "Meghraj".Under show cause notices it was alleged that the appellants herein (assessee) have sold the biscuits under the brand name "Meghraj",which was a registered trade mark of Kay Aar Biscuits (P) Ltd.who was using the said trade mark on manufacture of biscuits themselves,and,therefore,the appellants were not eligible to the benefit of SSI Notification No.1/93-CE dated 28.2.1993 as amended by Notification No.59/94-CE dated 1.3.1994
Facts
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Having regard to the weapon used for causing the head injuries to Sukhbir, nature of injures, situs of the injury and the severity of the blows, courts below recorded concurrent findings convicting the 2nd appellant u/s
Ratio of the decision
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The hearing may be given within two months from today and the review application disposed of within two weeks after the conclusion of the hearing
Ratio of the decision
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In Dhananjoy Chatterjee v. State of West Bengal, [1994] 2 SCC 220 1994 Indlaw SC 1743, (wherein one of us, Dr. A.S. Anand, J., as His Lordship then was, spoke for the Bench
Precedent
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The court while passing such a decree,is obligated to consider the statutory provisions governing the same
Ratio of the decision
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Santosh, PW9, did not support the version of Kalu Ram and was declared hostile
Ratio of the decision
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325 IPC and sentenced to undergo rigorous imprisonment for one year. A-3 and A-4 have also given lathis blows to PW-5 and were convicted u/s. 323 IPC and sentenced to undergo rigorous imprisonment for three months by the High Court
Ruling by Lower Court
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By order dated October 7,1993 passed by the Constitution Bench three questions were referred for consideration by a larger Bench
Facts
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In his helplessness the plaintiff had even applied to Government to give him the land in which he had effected improvements, on kuthakapattom
Ratio of the decision
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4) of s. 342 and tell them that they may, if they chose, enter the witness box
Ratio of the decision
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But domestic consumers usually paid their bills in cash to the bill collectors who used to hand over their collections to the respondent No. 2
Facts
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At that time, Jage Ram (A-1) and his sons Rajbir Singh
Facts
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He also placed reliance upon some more decisions viz; Ritz Hotel Ltd.(1989
Argument
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State of Andhra Pradesh,[1993] 1 SCC
Facts
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After seeing this,she raised cries and people came to the scene
Ratio of the decision
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It must not be a mistake or error which calls for rectification by modification of the conscious adjudication on the issues involved
Ratio of the decision
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On the contrary, curial views of policy have been subjected to stringent criticism
Ratio of the decision
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In Shamnsaheb M.Multtani vs
Precedent
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The letter Ex. P. 13 was also put to him and he was asked about the existence of the crops
Ratio of the decision
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It is very much wider than that,when in the opinion of the High Court the decision is erroneous on the question of law which affects the merits of the case or decision was manifestly unjust the High Court is entitled to interfere
Ratio of the decision
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It was Contended-that the defendant's action was justified under the statute II G. 2, C. 19, s. 8, which after enumerating certain crops, empowered the landlord to seize as a distress any "other product whatsoever which shall be growing on any part of the estate demised" and, therefore, the trees and shrubs in question came within that description
Precedent
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Suraj Bhan,Belanganj Agra
Facts
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iv
Ratio of the decision
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The right of the citizen to obtain essential articles at fair prices and the duty of the State to so provide them are transformed into the power of the State to fix prices and the obligation of the producer to charge n6 more than the price fixed
Ratio of the decision
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Paragraph 44 of the Statement on Drug Policy in 1978 dealt with 'pricing policy' and it may be usefully extracted here
Ratio of the decision
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7, that is, transportation for life (now imprisonment for life) and imprisonment not exceeding 10 years appears to be that the offence is not exclusively triable by a court of session and could also be tried by a Magistrate, who, except when empowered under s. 30 would be incompetent to try offences punishable with transportation for life (now imprisonment for life) and the further reason that it should be open to the court of Session, instead of awarding the sentence of transportation for life to a convicted person to award him imprisonment in a jail in India itself for a period not execeeding 10 years
Ratio of the decision
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The terms of reference in the State Government's order required the Tribunal to revise the scales of pay and dearness allowance,and there was no mention of giving any ad hoc increase in the basic pay of individual workman
Ratio of the decision
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PW-15 Waman Band Patte who is the owner of the Jagdamba hotel has lent sufficient corroboration to the testimony of the other prosecution witnesses in general and PW9 and PW14 in particular
Facts
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It may also be questioned on any ground on which a subordinate legislation may be questioned, such as, being contrary to constitutional or other statutory provisions
Ratio of the decision
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Act No. 11 of 1947) of the said Act and Section 409 of the I.P.C
Facts
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The primary meaning of the word " bonus " according to the definition given in the New English Dictionary is:-" A boon or gift over and above what is nominally due as remuneration to the receiver and which is therefore something wholly to the good
Ratio of the decision
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Section 48--Registered users--(1) Subject to the provisions of section 49,a person other than the registered proprietor of a trade mark may be registered as the registered user thereof in respect of any or all of the goods in respect of which the trademark is registered otherwise than as a defensive trade mark; but the Central Government may,by rules made in this behalf,provide that no application for registration as such shall be enertained unless the agreement between the parties complies with the conditions laid down in the rules for preventing trafficking in trade marks
Statute
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It is clear that the bills that have been raised were only to accommodate the petitioners from the circumstances narrated above
Ratio of the decision
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According to the prosecution case on 11th August,1990 at about 3.00 p.m
Facts
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Instead of compelling the holder of a trade mark in every case to prove his proprietary right before he could ask the Court to grant him an injunction,the Trade Marks Act provides a procedure whereby by registering his trade mark the owner gets certain facilities in the mode of proving his title
Ruling by Present Court
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Mr. Bhimasankaram supports the reason given by the High Court for coming to the conclusion that there was a misjoinder of charges
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In inviting your attention to the reference cited,I am to inform you that Government regret their inability to comply with your request
Facts
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The main witnesses regarding the alleged demand of money and also harassment and beating to Bhimabai are her father and mother, viz
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Ltd.which is not rebutted by the appellants (assessee),issuance of registration certificate with retrospective effect cannot confer the benefit of exemption Notification to the assessee
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