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What the order does contemplate however is 'such enquiry' by the Government 'as it thinks fit
Ratio of the decision
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From a careful examination of the findings given by the High Court,as quoted hereinabove,in upsetting the concurrent findings of fact arrived at by the Tribunals below,we are not in a position to hold that the High Court was not justified in setting aside the concurrent orders of the Tribunals below in the exercise of its revisional power under Section 121A of the Act
Ratio of the decision
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Here again, the flaw in the submission consists in mis-reading s. 27 of the Act which expressly states that the net income from an estate shall be computed by deducting from the gross assets of such estate any sum 'which was payable by the intermediary as income-tax in respect of any income derived from such estate for the previous agricultural year
Ratio of the decision
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Yeh Jo Hai Zindagi" in view of Exhibits a,B and E (colly) to the plaint
Facts
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A report to that effect might have been noted in the general diary but the same could not have been treated to be an FIR
Precedent
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It is only after their satisfactory performance during that period that a deed of engagement is given to them,and even then the engagement is to be for a term not exceeding three years
Precedent
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i) above
Statute
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Clauses 6 and 7 of the said partnership deed recited inter alia as follows: "6.The year of accounts of our partnership shall be Aso Vadi 30th day i.e
Ratio of the decision
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It is primarily from the consumer public's point of view that the Government is expected to make its enquiry
Ratio of the decision
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Separate enquiry in this connection is going on in this office to know under what circumstances such entry has been made and copy also issued without knowledge of the Tahsildar
Facts
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Through this appeal under Section 19 of TADA,the appellants have called in question their conviction and sentence
Ratio of the decision
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A Division Bench of this Court in K.S.Nagamuthu v
Precedent
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The premises,furniture,fixture,fuel,electricity,utensils,etc.have been provided for by the appellant
Facts
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11073-13 by Shri Moti Ram and Kewal Chand etc
Facts
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For the purpose of the carrying on the daily (and) periodical sheba and the festivals, etc
Ratio of the decision
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1999] 1 SCC 573 1997 Indlaw SC 1219, it was further held that the Government could change its industrial policy if the situation so warranted and merely because the resolution was announced for a particular period, it did not mean that the government could not amend and change the policy under any circumstances
Precedent
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He was thus all important with respect to the every day affairs of VESCO
Argument
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The learned counsel for the petitioners strongly relied upon the following documents: "1.The cost estimate
Argument
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right holders relying,inter alia,on the entries under the RTC record
Facts
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This was precisely the view which was expressed by Lord Justice Romer in (1905) 1 K.B.592 to which I have already referred in the earlier part of the judgment
Ruling by Present Court
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at which the manufacturer was previously selling the drug and at which he continues to market the drug to this day because of the quashing of the order fixing the price by the High Court, is so unconsciously high even compared with the price claimed by himself that it appears to justify the charge that some manufacturers do indulge in 'profiteering
Ratio of the decision
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While the learned Additional Sessions Judge made a reference to the High Court for confirmation of death sentence under Section 366 Cr
Facts
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Meerut Straw Board Mills
Facts
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Rajan Verma (2004) 1 SCC 123 2003 Indlaw SC 967,Harpit Singh Anand
Precedent
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and but for some inconsequential questions put to him with regard to the seals, not even a suggestion was made that the aforesaid articles had in any way been tampered with
Ratio of the decision
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The Division Bench held that letter dated 24.4.1974 which contained a warning had not been served on the respondent and since the Board had failed to raise the question before the learned Single Judge it could not do so in the letters patent appeal
Ruling by Lower Court
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The same offence committed by all of them is that under s. 147 and all of them can be tried jointly in respect of that offence under cl
Ratio of the decision
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We are concerned in this appeal with only one of the premises which was involved in Suit No.553 of 1969.It is not in dispute and it never was that the premises was being used by Bharat Neon Signs firm being the defendant No.2 in the original suit
Ratio of the decision
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September,2001,the day,the High Court passed the impugned order
Ratio of the decision
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It was again decided by the Sub Divisional Officer on 29.10.1987 and the said mutation was set aside
Ruling by Lower Court
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Had the appointments of the Appellants been made in terms of the provisions of the Adhiniyam and Rules framed thereunder, the Respondent-Authority was statutorily enjoined to make an offer of appointment in writing which was to be accepted by the Appellants herein
Ratio of the decision
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In support of this contention he has referred us to the leadings contained in paragraph-3 of the plaint in which it is stated : "The improvements effected by the plaintiff have a value of Rs. 2 lakhs as per the accounts shown below
Ratio of the decision
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Undoubtedly the learned Additional Sessions judge has questioned the respondents very fully and elaborately but to say that this bordered on cross- examination is wholly unjustifiable
Ratio of the decision
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In other words, as the High Court puts it, persons included in two or more of the groups cannot all be tried together and that since there is absolutely nothing to connect one group with any other, the persons of one group cannot be tried with those of any other
Ratio of the decision
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On behalf of the appellant,contention was raised that no writ would lie against the appellant inasmuch as the appellant is a company,which is not an authority or a person against whom a writ would lie
Argument
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Correctness of this order of the High Court is questioned in this appeal
Ratio of the decision
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V of 1879) with a view to determining whether the Jagirdar had any rights to mines or mineral products in his Jagir granted or recognised under any contract,grant or law for the time being in force or by custom or usage is competent
Ratio of the decision
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PW.Both the prosecution witnesses as well as
Facts
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This clause corresponds to s.46 of the existing Act and provides for removal of a trade mark from the register on the ground of non-use
Ratio of the decision
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CHINNAPPA REDDY,J.We have had the advantage of perusing the judgment prepared by our learned brother Pathak,J.we agree with him that Civil Appeal No.2300 of 1979 should be dismissed
Ruling by Present Court
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It had, however, never been the case of the Custodian that the examination of claims of all the notified parties is complete
Ratio of the decision
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It was clearly so intended by the Tribunal as is evident from the reference to "flat increase of Rs.150/-in the category of Draftsmen and Rs.100/-in the case of the other categories".Since there was to be a flat increase of Rs.150/-and Rs.100/-in the case of draftsmen and other workmen respectively,the revised wage scale had necessarily to commence with figures Rs.150/-and Rs.100/-above the existing wage scales
Ratio of the decision
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State of U.P.(1987) 3 SCC 331 1987 Indlaw SC 28887,and Mohd
Ratio of the decision
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In view of the aforesaid,we are,therefore,of the view that this is not a fit case where this Court shall interfere with the order passed by the High Court under Section 121A of the Act.19.For the reasons aforesaid,this appeal fails and is dismissed without any order as to costs
Ruling by Present Court
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The relevant statement made in the affidavit dated July 14,2003 (we were informed that the date of the affidavit is July 14,2004) reads as follows: " That in the meantime the defendant has already changed the Trade Mark namely "Jupiter International Ltd." in place of "Jupiter Infosys Ltd
Facts
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1,000-1,200 for domestic expenses and for purchasing manure as he had no sufficient money
Facts
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We have heard learned counsel for the parties and perused the record
Facts
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April,1965.This last partnership deed was executed by the appellant and original defendants
Facts
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Against the aforesaid order dated 3rd August,1996 passed by the Chairman,Board of Revenue,the Company filed Writ Petition No.31378/1996 on the ground that there is no dues payable by the Company
Facts
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Bhalla Enterprises 2004
Precedent
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In regard to Question No. 5, this Court agreed with the finding of the Special Court that neither penalty nor interest can be considered as tax under S. 11(2)(a) of the Act
Precedent
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The petitioners agreed to pay the entire costs of the said production to the said advertising agency and requested it to look into the matter,employed various persons on behalf of the petitioners and prepare a suitable serial for them
Facts
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In a proceeding under that article the person,authority or State against whom the direction,order or writ is sought is a necessary party
Precedent
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The State Government explained that this was done in view of the pressing urgency in the matter of construction of the jails
Facts
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Speaking generally, "culpable homicide" sans "special characteristics of murder", is "culpable homicide not amounting to murder
Precedent
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In Kabushiki Kaisha Toshiba,this Court relied upon Hardie Trading Ltd.& Anr
Precedent
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A person may become a proprietor of a trade mark in diverse ways
Precedent
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Drawing our attention also to the pleadings as also the reliefs claimed for by the Appellants before the Labour Court, the learned counsel would contend that no contention was raised therein by the Appellants as regard their entitlement of permanency in terms of the provisions of the 1961 Act and the 1963 Rules
Argument
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The particular character of the appellant,that it was a service industry and not a manufacturing concern,was taken into account and it was observed that unlike a manufacturing business there was little scope for diversification in the case of an engineering consultancy
Facts
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The Appellants did not adduce any evidence as regard nature of their employment or the classification under which they were appointed
Ratio of the decision
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Such an application may be maintainable in terms of S.56 of the Act but strictly not in terms of S.46(1)(b) thereof and that too in the absence of the original registered proprietor
Ratio of the decision
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The accused pleaded not guilty and claimed to be tried
Facts
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He contended that as the charge levelled against him was not proved,and as he was not required to defend himself against a charge that he assaulted and outraged the modesty of Sheela Devi,he ought to have been acquitted
Facts
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About the assault,he deposed that Devendra caught Bhavna and Chandra Prakash attacked her with knife 3 to 4 times and she fell down
Facts
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Therefore, an accused charged u/s
Precedent
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1973] 3 SCC 435 1972 Indlaw SC 334 and Premier Automobiles Ltd. v. Union of India, [1972
Precedent
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The endorsement made on the application by the Advocate for the company does not indicate that the company had any objection to the award being corrected as sought by the employees union
Ratio of the decision
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The main controversy was whether the appellant had sublet the premises to defendant No.2,Bharat Neon Signs or whether he being a partner of the said firm had permitted the said firm to use the premises in question
Facts
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Homicidal shooting by dacoits is not uncommon in India, and they are known to make their own firearms
Ratio of the decision
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let it be
Ratio of the decision
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In the instant case the respondent failed to discharge this burden as he failed to place material before the Court to show that the endorsement made by the postal authorities was wrong and incorrect
Ratio of the decision
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The said amount of Rs.5,00,000/- is now kept in fixed deposit in the Registry of this Court
Ratio of the decision
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Co. Ltd. v. The Commissioner of Income Tax
Argument
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The appeal is allowed
Ruling by Present Court
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Consequential amendments have been made to cover services.(Cl.47 of the Bill
Ratio of the decision
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On facts,the position was that the AICTE had granted approval on 30.4.95 expressly stating that this was "on consideration of the observations made by the Expert Committee and the recommendations made by the Central Regional Committee,State Level Committee,Central Task Force as per the provisions of AICTE Regulations dated 31.10.94".The AICTE had granted condition approval and the conditions were specified in Annexure
Facts
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We have referred to the said decisions only to show that the requirements in regard to the manner of service of notice varies from statute to statute and there exists a difference between the Bombay Rules and the Rules
Ratio of the decision
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4.Are defendant Nos.1 to 4 entitled to deny the ownership of the plaintiffs of the Film
Facts
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If the function is treated as legislative in nature, there is no right to notice and hearing, unless a statute expressly requires them
Ratio of the decision
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AIR 1947 Bom 445),Chagla,J.(as he then was) observed in this connection : as follows "The question is whether in India the Trade Marks Act of 1940 has made any change in the legal rights of the owner of a trade mark
Precedent
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2) Multiple abraded contusion all over the back
Facts
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Samples of blood of the accused were collected for ascertaining their blood groups and sent for chemical analysis
Facts
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It was held,
Precedent
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Bhavna was dead
Facts
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S. 3(3C) provides for the ascertainment of the price
Statute
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Therefore, all the properties belonging to them stand attached
Ratio of the decision
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This Court held that the presence of blood-stain of 'B' group measuring 0.5 cm
Argument
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a rubbers state, and a large number of other valuable trees like jack trees, mango trees, coconut trees etc
Facts
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A 'ticket of permanent employee' was, thus, required to be issued in terms of Order 3 of the Standard Standing Orders
Ratio of the decision
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Such alleged confession made belatedly thus creates doubt regarding its authenticity or voluntariness
Ratio of the decision
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It is as follows: "99.Bar of Jurisdiction:-(1
Statute
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The Collector,Tulsi Gaur was not a party by name
Ratio of the decision
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L.L.J. 466;This was also the basis of the demand of the respondent in the case before us, its case being that the appellant had reaped substantial profits during the year 1949
Ratio of the decision
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F.I.R.was prepared on the report of Mr
Facts
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4SCC276 2002
Facts
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From the averments it would appear that 100 promotee Asstt
Ratio of the decision
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S.40 of the said Act makes rights of protected tenant heritable
Statute
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The Division Bench referred to their decision in Rakesh Gupta vs
Facts
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Evidently,the detaining authority did not take immediate steps to detain Appellant
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
Interpretation and/ or application of the provisions of the Gujarat Town Planning and Urban Development Act,1976 (for short "the Act") and the Rules framed thereunder known as the Gujarat Town Planning and Urban Development Rules,1979
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