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For want of any specific period,the concept of reasonable period would be applicable
Ratio of the decision
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A lakh of rupees passed through that account
Facts
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it was observed by the Trial Court that though there is no specific evidence to show when exactly the possession of the appellant had commenced, the evidence however indicated that it must have started close to the year I 100 M. E. and that in any case the claim of the appellant that possession was from 1030 M.E. was not true inasmuch as from the year 1067 M.E. when the Act was passed possession without permission was penal and it could not be imagined that the appellant was left in peace for all these long years
Ruling by Lower Court
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Shashi Tripathi,Mahesh and Binu
Facts
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Excise Commr
Precedent
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Lastly,in our view,in view of the discussion made herein above,the decision relied on by the learned counsel for the appellant in the case of Dahya Lal & Ors.vs
Ratio of the decision
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Thereafter,the case was listed several times but no written submissions were filed instead the respondent adopted an unusual course by sending an application by post expressing his no confidence in us with a prayer to transfer the case to some other Bench
Ratio of the decision
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The matters be listed for hearing on July 20,1994.Notice be issued to the Attorney General of India and the Advocates General for the States on the questions as reframed
Ratio of the decision
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Even if the sale of said properties in favour of defendant-l,it was asserted therein,was not proved,they continued to be tenants of the said properties on the date of suit as they were tenants even before the date of coming into existence of the mortgages
Facts
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The work on that land is only at the stage of getting approval
Ratio of the decision
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In this case also notwithstanding the alleged unqualified grant in favour of the respondent the Mamladar's order dated November 24,1959,on which the respondent strongly relies,has held that the rights to excavate mica were retained by the State and not granted to the respondent,though the material or basis on which it is so held is not available on the record
Ratio of the decision
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On this issue it was held that no notice, of forfeiture of trees
Ruling by Lower Court
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Various incriminating documents were recovered
Facts
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The appellant had not taken any steps to withdraw registered user applications and as such should not be permitted to take such a contradictory stand of applying for rectification at the same time
Facts
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However,so far as A-10 is concerned,we find that there is merit in the submissions of the learned counsel for the appellant that his identify and participation in the assault has not been established beyond a reasonable doubt
Ratio of the decision
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On that date the respondent No. 1 produced the auditor's report
Facts
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So far Question No. 6 is concerned, it was held that the remedy of a notified person who is assessed to penalty or interest, after the notified period, would be entitled to move the appropriate authority under the taxing statute stating: "If it is open to him under the relevant taxing statute to contend that he was unable to pay his taxes on account of the attachment of all his properties under the Special Court Act, and that there is a valid reason why penalty or interest should not be imposed upon him after the date of notification, the authorities concerned under the taxing statute can take notice of these circumstances in accordance with law for the purpose of deciding whether penalty or interest can be imposed on the notified person
Precedent
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These entries are, however, not by themselves sufficient to charge any person with liability
Ratio of the decision
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The books of accounts and other documents on the basis whereof the auditor's report had been made having not been allowed to be inspected by the Appellants herein on the plea that they had the knowledge thereabout, the same could not have been taken into consideration for the purpose of passing of the impugned order or otherwise
Argument
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It was,therefore,submitted that the High Court passed the said order in the presence of the counsel of all the parties
Argument
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Therefore,it cannot be said that there is any communication between the same
Ratio of the decision
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Referring to the new Encyclopaedia Britannica and Halsbury's Laws of England,that a literary work with dramatic elements in it would also be literary work,the High Court observed: "Dramatic works also could contain in its,passages of great literary taste,as in the case of great plays of William Shakespear
Ruling by Lower Court
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It was urged that the expression 'clear vacancies' has to be read in the context of period for which the concerned workman was required to work, namely, six months
Argument
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Indubitably,there was no further exchange of correspondence between the parties during the year
Ratio of the decision
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It is true that horrendous figures as regard the liabilities of Harshad Mehta have been projected before us but the same had been shown to be of the entire Group
Ratio of the decision
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Who made the appointments of the Appellants to the Project or other works carried on by the Authority is not known
Ratio of the decision
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On reading amended Section 117G it becomes clear that all appeals against any order or decision of the Controller had to be transferred to the Appellate Board from such date as may be notified by the Central Government in the Official Gazette
Ratio of the decision
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Jaswant Sugar Mills Ltd.) have been preferred by the Commissioner,Meerut Division,Meerut
Facts
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there was no justification for the grievance that particulars were not furnished
Ratio of the decision
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A noose was also found around her neck
Facts
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This letter clearly indicates that some excavation was being done as otherwise there is no meaning in saying that final excavation cannot be done
Ratio of the decision
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Had such a claim been filed,the authority before making final allotment could have considered the competing claims wherefor a large number of factors were required to be taken into consideration,viz.,the location of the land,the area of the land,the nature of right,etc
Statute
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The learned trial Judge then sought clarification from the witnesses by putting the following question
Facts
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Learned counsel submitted that Section 257 expressly confers power of revision on the State Government which power is coupled with power of control and superintendence
Argument
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120 crores (even after deducting the amount set aside by ITAT
Ratio of the decision
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The State questioned correctness of the judgment before the High Court which, as noted above, held the G.O.Ms, and the Govt
Facts
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Whether in view of the judgment of this Court in State of Tamil Nadu & Another v
Ratio of the decision
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No prejudice is caused to the respondents since the scheme was interested to make the units viable and the modified scheme provides for safeguards to that extent
Facts
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When I die, my wife named Suraj' is owner of that property
Precedent
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it uses the word 'or'.The language and the words used in the said provision suggest that jurisdiction of the State Government is concurrent with the jurisdiction of other Revenue officers in deciding the revision
Ratio of the decision
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The Government has exercised their right to modify the scheme in the interest of public revenue
Facts
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Rao Girdhari Lal Chowdhury,[1962] 1 Suppl
Ratio of the decision
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A bonus may be a mere gift or gratuity as a gesture of goodwill and not enforceable, or it may be something which an employee is entitled to on the happening of a condition precedent and is enforceable when the condition is fulfilled
Precedent
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When the applicant before the Board establishes the fact in regard to non-user of the mark for a period of more than five years on the part of the registered owner,the latter may show that his case falls within the purview of sub-s.(3) of S.46
Ratio of the decision
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with direction to the appellant to pay the compensation amount to the Company
Facts
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No post was sanctioned by the State Government
Ratio of the decision
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State of U.P.1990 Indlaw SC 463 is misplaced for the obvious reason that the decision relates to the appointment of the District Government Counsel and the Additional/Assistant District Government Counsel who are the law officers appointed by the State Government to conduct civil,criminal and revenue cases in any court other than the High Court
Precedent
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Rules 26 of the Rules do not contemplate service of individual notice
Statute
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Further,according to the appellant,"pre-grant opposition" was filed by respondent no.3 under S.25(1) on 21.3.05.According to the appellant,though the Patents (Amendment) Act,2005,amended S.25 by enacting the amendment on 4.4.05 the said amendment was brought into force w.e.f.1.1.2005 and,therefore,it was open to respondent no.3 to challenge the grant of patent by invoking S.25(2) of the Patents Act,1970.According to the appellant,with the change in the structure of the Act providing for only one statutory appeal and that too only against the order granting patent under S.25(4),the appeal filed by respondent no.3 against pre-grant opposition order was not maintainable on 19.10.06 by which time,as stated above,S.25 stood restructured providing for a dichotomy between "pre-grant opposition" and "post-grant opposition
Argument
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The appellant's claim after he was evicted cannot, on the same parity of reasoning, be held to be valid
Ratio of the decision
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In Saraswati Industrial Syndicate Ltd. v. Union of India, [1974] 2 SCC 630 1974 Indlaw SC 134; the Court observed, "Price-fixation is more in the nature of a legislative measure even though it may be based upon objective criteria found in a report or other material
Precedent
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a) and (c
Ratio of the decision
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The price which the manufacturer of Barlagan Kotone, reported to the Central Government in 1971 was Rs.24,735.68 per Kg
Facts
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We have already indicated that we agree with our brother Pathak,J.,that the appeal (Civil Appeal No.2300 of 1979) filed by the workmen should also be dismissed
Ratio of the decision
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The Misc
Facts
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The accused is entitled to know with certainty and accuracy,the exact nature of the charge against him,and unless he has such knowledge,his defence will be prejudiced
Ratio of the decision
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Raju (A-2), Rakesh (A-3) and Madan (A-4) armed with jaily, pharsi and lathis respectively, entered the land where the complainant was working with his sons and asked them not to cut the pullas as it was jointly held by both the parties
Facts
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The Bench,however,did not grant full back-wages to the respondent instead it directed the Board to pay him 50 per cent of back-wages
Facts
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We cannot but bear in mind the fact that the initial burden of establishing the factum of their continuous work for 240 days in a year rests with the applicants-respondents
Precedent
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Additionally it is submitted that the prayer in the Writ Petition was to quash the order passed by the Assistant Commissioner,Commercial Tax
Argument
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We do not more particularly at this stage -make any pronouncement in that behalf
Facts
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Provided that the Council may,for reasons to be communicated to the applicant,allow the approval with such restrictions or modifications as it may deem necessary
Statute
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The Trial Court also held that all through these long years there had been a dispute as to the title between the Illom and the State and after the suit of the Illom was dismissed and the Illom's title was not sustained, the allegation that the improvements were effected cannot be stated to be bona fide
Ruling by Lower Court
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v) The Appellants having preferred appeals against the income tax orders of assessment passed by the authority and the same having been set aside, no liability to pay income tax by the Appellants as of now being existing, the residential properties could not have been sold
Argument
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the Rents Control Act",the Court of Small Causes
Ratio of the decision
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4.Contracts with Doordarshan
Argument
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The latter type of mark would evidently refer to a distinctive mark,a mark which does not directly describe the nature or quality of the goods to which it is attached
Precedent
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Being aggrieved by the aforesaid notifications,the appellants moved a writ petition before the High Court u/art.226 of the Constitution of India
Facts
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The accused did not care to explain as to how the death of his wife occurred
Ratio of the decision
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Accordingly,we constitute an Arbitral Tribunal consisting of Justice M.Jagannadha Rao (Presiding Arbitrator),Justice D.P.Wadhwa and Justice S.N.Variava,former Judges of this Court to adjudicate upon the claim/counter claim by the parties,subject to their consent and such terms and conditions as they may deem fit and proper
Ruling by Present Court
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The next question that arises for consideration is what is the effect of the amendment to the West Bengal Land Reforms Act which was amended in the year 1986 but with retrospective effect
Ratio of the decision
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The eldest among them, Harshad S. Mehta, has since expired
Facts
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307 IPC, prosecution has to establish (i) the intention to commit murder and (ii) the act done by the accused
Ratio of the decision
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There is no rota prescribed in the rules
Ratio of the decision
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Though the collaboration and registered user agreements stood expired from October 31,1981,no agreement came to be executes nor continued to use the specifications on technical know-how
Facts
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and lastly it was argued on behalf respondent no.3 that the appellant had filed its application for grant of patent on 14.6.2000,it was notified on 20.11.04,however,respondent no.3 had filed its "pre-grant opposition" under S.25(1) on 21.3.05 when the Patents (Amendment) Act,2005 was not promulgated (it was promulgated on 4.4.05) and,therefore,according to respondent no.3 its "pre-grant opposition" filed on 21.3.05 was valid and proper as respondent no.3 could not have invoked S.25(2) proceedings on that day,namely,21.3.05 as the law stood enacted bringing in S.25(2) only on 4.4.05.In the peculiar circumstances of this case it was urged on behalf of respondent no.3 that no interference is called for by this Court in this batch of civil appeals
Argument
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Dismissing Letter Patents Appeal preferred by the appellant against the order of the learned Single Judge who dismissed his writ petition and confirmed the orders passed by the State Minister for Revenue in the proceeding R.T.S.3402/ Pra.kra.309/L-6 dated 18th October,2002
Facts
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It is the appellant's case that his father Shri Nawoosingh Panjumal Panjwani was a displaced person who migrated from Pakistan to India during the period of partition and the appellant's family while in Pakistan was having agricultural land over there admeasuring 4 acres 10 gunthas
Argument
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Each of them has committed two offences and each of them participated in the same offence
Ratio of the decision
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Consequently,it could not be said that cl.15 of the Letters Patent was not attracted for preferring appeal against the judgment of the learned Single Judge
Ratio of the decision
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Bhagat Ram's case was not concerned with the sanction but only with the question, whether the offence could be altered to one of abetment of an offence of Section 409 I.P.C. from one under Section 409 simpliciter
Precedent
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State of Bihar -2009 (7) SCC 198 2009 Indlaw SC 736
Precedent
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SC 1823 1964 Indlaw SC 103 held that the provisions of the Article were only directory and not mandatory in character and if they were not complied with it could still be established as a question of fact that the impugned order was issued in fact by the State Government or the Governor
Ratio of the decision
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Weaving Works
Facts
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It is then prescribed by clause (3)-- "No person shall sell a bulk drug at a price exceeding the price notified under sub-paragraph 1, plus local taxes, if any payable: provided that until the price of bulk drug is so notified, the price of such bulk drug shall be the price which prevailed immediately before the commencement of this order and the manufacture of such bulk drug at a price exceeding the price which prevailed as aforesaid
Statute
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It was further pleaded that the respondent had refused to accept the registered letter and the same had been returned back by the postal authorities with an endorsement that the addressee refused to accept the same
Ratio of the decision
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Two important features have weighed with us in condoning the delay
Ratio of the decision
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Initially,P.W.40 suspected the role of P.W.1,his wife P.W.2,P.W.3,from whose house certain incriminating material were recovered allegedly on the basis of statement of the accused as well as P.W.4,who was working as a cleaner in the vehicle of P.W.1.Subsequently,however,P.W.42,who took over investigation from P.W.40 filed charge-sheet only against the present appellant on the footing that P.Ws.1 to 4 had no role to play in the crime
Facts
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The offence under s. 467 read with s. 471 is punishable with imprisonment for life or imprisonment of either description for a period of 10 years but it is exclusively triable by a court of Session and, therefore, in so far as such offence is concerned the argument of Mr. Bhimasankaram would not even have been available
Ratio of the decision
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12,51,871-13-5 was thus brought into the balance sheet by these two transfers
Facts
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The aforesaid provision makes it clear that even if the decision is considered to be final,the State Government's power to call for and examine the record and proceedings of subordinate officers is saved
Ratio of the decision
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The former had said, "There is no doubt that a minister, or any other body, in making legislation, for example, by statutory instrument or by law, is not subject to the rules of natural justice--Bates v. Lord Hailsham of St. Marylebone (supra)--any more than is Parliament itself; Edinburgh and Dalkeith Rv
Precedent
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High Court modified the sentence of Madan (A-3) Rakesh (A-4) u/s. 323 IPC and sentenced them to undergo rigorous imprisonment for six months (two counts) respectively
Ruling by Lower Court
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The various requirements of the section can be summed up as follows
Ratio of the decision
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Out of the accused A-5,A-6,A-8,A-10 and A-11 were carrying swords while A-7 and A-9 had satturs and the remaining accused were armed with sticks
Facts
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It obtained an or of injunction
Ratio of the decision
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In any event, it is for Parliament to enact a law that meets all contingencies
Precedent
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While receiving the treatment,Popat succumbed to his injuries
Facts
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P-6,P-8 and P-10 dated 26-4-2003,were made before P.W.40 in the presence of P.W.22 and C.W.1.The other confessional statement Ex.P-12 dated 22-9-2003 made before P.W.42 and Subbiah and P.W.24,led to recovery of "M" dollar (M.0.38) and key chain with key chain in (M.0.39) from the toilet in the room of the accused
Facts
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PWs 5 and 6 being injured witnesses, their evidence is entitled to great weight
Ratio of the decision
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