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Of course, the view taken by the Additional Sessions judge is not binding on the High Court
Ratio of the decision
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hus, the ups and downs of commerce are inevitable and it is not possible to devise a fool proof system to take care of every possible defect and objection
Ratio of the decision
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The sentence awarded by the Trial Court was confirmed
Ruling by Lower Court
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In the case of Punamchandra Revashankar Joshi v
Precedent
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The question in every case cannot be determined merely on the theory that every Hindu thinks only about a Hindu widow's estate and no more
Ratio of the decision
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According to the learned counsel, the price of a bulk drug is dependant on many variable factors which keep changing very fast
Ratio of the decision
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Explanation II.-The expression 'valuable security' has the same meaning as in S.30 of the Penal Code (45 of 1860
Precedent
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The discretion exercised by the Court must be judged in the light of the facts and circumstances,The appellant having used the trade mark,it does not lie in the mouth of the appellant to contend that he is not a permitted user or a bona fide user of the trade mark
Argument
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It is therefore clear that the claim for bonus can be made by the employees only if as a result of the joint contribution of capital and labour the industrial concern has earned profits
Ratio of the decision
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S.116 (2
Statute
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The High Court issued a commission for inspecting the properties and the Commissioner in his report part 13 of Ext
Facts
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S.3 of the said Act gave power to requisition immovable property
Statute
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By this will he gave the following directions -- "After my lifetime, you, the aforesaid Ranganayaki Amminal, my wife, shall till your lifetime, enjoy the aforesaid entire properties, the outstandings due to me, the debts payable by me, and the chit amounts payable by me
Facts
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The terms of the said order, that is on the undertaking given on behalf of the petitioners to maintain status quo on the prices prevailing prior to the issue of the impugned notification, the petitioners, through their counsel further given an undertaking to this court that, in case the petition is dismissed and the rule is discharged, the petitioners shall within eight weeks of the dismissal of the petition by this court, deposit in this court the difference in the prices of the formulations in question for being ...... equalization account
Ruling by Lower Court
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There is only one injury which was received by PW-14 and according to the other prosecution witnesses,that injury had been caused to him by A-11.The tendency to exaggerate the incident is not uncommon and that an innocent person may be roped in alongwith the guilty ones is a possibility which cannot,in the facts and circumstances of this case,be ruled out
Ratio of the decision
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There is no evidence of his having played any part in the crime
Ratio of the decision
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The fact that the shot was fired from below going upwards is also supported by the site plan Exh
Ratio of the decision
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Whether irrespective of Rule 26 of the Rules which prescribes for issuance of a general public notice,any special notice upon the appellant was required to be served by the State or by the authority,in our opinion,cannot be gone into by us in these proceedings for the first time
Ratio of the decision
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Again,the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved
Precedent
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In the result the appeal is allowed and the judgment and order of the Gujarat High Court dated 21st of August,1979 are set aside
Ruling by Present Court
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In Hindustan Shipyard Ltd. and Others vs. Dr. P. Sambasiva Rao and Others [(1996) 7 SCC 499] 1996 Indlaw SC 3441, a Division Bench of this Court observed
Precedent
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Section 2(c) defines 'artistic work' to mean (i) a painting,a sculpture,a drawing (including a diagram,map,chart or plan),an engraving or a photograph,whether or not any such work possesses artistic quality
Statute
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The corruption by public servants has become a gigantic problem
Precedent
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The contents of the files which were produced before the High Court and on which reliance was placed to hold against the appellants are not known to the appellants
Facts
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Accordingly it is directed that pending further consideration of the matter after notice for the next date of hearing,the defendants are restrained by themselves,their directors,employees,agents and/or others acting on its behalf,from using the trade mark/corporate name INFOSYS or any other mark/name deceptively similar trade mark or colourable imitation thereof as a mark and/or corporate name or as part of a mark and/or business name,in respect of goods and/or services,for publicity on propaganda,on websites and or in domain names,in any way,whatsoever,thereby causing infringement of the registered trade mark INFOSYS of the plaintiff in isolation or in combination with words/letters/numbers their advertisements as part of their corporate name either in isolation or in goods and services,or in or by way of any advertisement/publicity campaigns etc
Facts
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These are considerations which are relevant in disputes arising under the Trade Marks Act
Ratio of the decision
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PW-21 was also informed by said by said PSI K.K. Desai of Panaji Police Station that it was a case of assault and that the incident had taken place at verandah and that the said matter pertains to his police station and, therefore, he should take appropriate action
Ratio of the decision
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These are relevant facts
Ratio of the decision
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In the context of the Drug industry with which we are concerned and in regard to which the Control Order is made we must proceed on the basis that the manufacturers of bulk drugs are generally persons who know all that is to be known about the price fixed by the Government
Ratio of the decision
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They were not appointed in terms of the provisions of the statute
Ratio of the decision
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We, therefore, condone the delay, grant special leave in all the petitions for special leave and direct the appeals to be listed for hearing on May 1, 1987
Ruling by Present Court
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3) (a) Where any such notice of opposition is duly given under Sub-section (2),the Controller shall notify the patentee
Statute
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Second appellant Rajbir
Ruling by Present Court
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They were also being granted the benefit of leave
Facts
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Whether S.46(1)(b) read with S.48 of the Act would bring within its purview,not only a registered proprietor but also the proprietor who had otherwise acquired a right would depend upon the facts and circumstances of each case
Ratio of the decision
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to 31st August,1999.It is not in dispute that the vessel JAG PRAJA ,with which we are concerned,continued to be chartered by the appellant till 31st August,1999
Ruling by Lower Court
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239.S. 236
Ratio of the decision
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The plaintiff was allowed to amend his plaint and include therein a prayer for a declaration in respect of the invalidity of these alienations as well
Facts
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In his further evidence,Mr
Ratio of the decision
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Thus we hold,in the present case that there was no statutory require-ment for obtaining the approval of the State Government and even if there was one,it would have been repugnant to the AICTE Act
Ruling by Present Court
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Ltd.and M/s
Ratio of the decision
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The Compensation Officer is charged with fixing the quantum in the prescribed manner
Ratio of the decision
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We concern ourselves neither with the policy nor with the rates
Ratio of the decision
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State of Haryana,[1971] 3 SCC 914 1970 Indlaw SC 513,a Bench of two Judges of this Court in paragraph 16 of the judgment observed as under: "Counsel for the appellants invoked the application of Probation of Offenders Act
Precedent
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In Kendriya Vidyalaya Sangathan 2002 Indlaw SC 287 (supra),it was held: "It is clear that if after the termination of services of the said Dr
Precedent
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Paragraph 5 deals with the power of the Government to fix maximum sale price of new bulk drugs
Statute
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It was conceded by Mr
Argument
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1996 Indlaw SC 3441 (supra) this Court also distinguished the said decision
Precedent
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An illegal appointment cannot be legalized by taking recourse to regularization
Ratio of the decision
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Ghosh v
Precedent
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The object and purpose of the warning as contemplated by the Regulation,.is to remind the delinquent employee that his continued unauthorised absence from duties was liable to result in discharge of his service
Ratio of the decision
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With these observations we set aside the acquittal of the respondents and remit the appeal to the High Court for decision on merits in the light of our observations
Ratio of the decision
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In fact,as could be seen from the annexures filed along with this appeal,the respondent has been convicted for offence under Sections 332 and 461 of the DMC Act
Ratio of the decision
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If under the Rules of the High Court,a matter is heard and disposed of by a Single Judge,an appeal lies against his judgment unless it is barred either under the Letters Patent or some other enactment
Precedent
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Issue
Ratio of the decision
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i)Whether the Appellants being not involved in offences in transactions in securities could have been proceeded against in terms of the provisions of the Act
Ratio of the decision
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State Government was directed by the AICTE to announce admission in accordance with Regulation notified on 20.5.94 and based on the judgment of the Supreme Court in Unnikrishnan v
Facts
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Paragraph 4 is thus in the nature of an exception to paragraph 3
Ratio of the decision
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Ram Tahel Ramnand (AIR 1972 SC 1598 1972 Indlaw SC 378
Precedent
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Religious ceremony was performed by installing the statue of Lord Ganesh in the house and
Facts
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P. 12 dated the 10th April
Facts
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as otherwise there is no meaning in the Appellant saying therein that it is desirable that entire proceedings with regard to acquisition of land and determining compensation for standing crops for' the 'total area of 39- 58 acres are finalised on the 13th February
Ratio of the decision
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However,this Court would not pass any order u/art.142 which would amount to supplant the substantive law applicable or ignoring statutory provisions dealing with the subject
Ratio of the decision
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user of the said mark,therefore,entails the consequences laid down under cl.(b) of Sub-s.(1) of S.46
Ratio of the decision
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The High Court seems to think that before reliance could be placed upon the evidence of the approver it must appear that he is a penitent witness
Ratio of the decision
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Rasul Mohammed Abdul Rahim [1963 (3) SCR 1].1962 Indlaw SC 366
Argument
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These amendments appear to have been made with the intention to cover all demands at the time,before and even after the marriage so far they were in connection with the marriage of the said parties
Ratio of the decision
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Sections 5,6 and 7 reads as under:- "5.Chief Controlling authority in revenue matters
Statute
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Jain Industries
Ratio of the decision
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P.C.,as the series of acts in both the cases were so inter-connected as to form one transaction
Facts
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That purpose is to avoid or prevent a detriment to the party asserting the estoppel by compelling the opposite party to adhere to the assumption upon which the former acted or abstained from acting
Precedent
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It was submitted by her that the trial court examined the evidence in the present case in a very summary and cryptic manner and thereby arrived at a wrong conclusion that the accused persons were required to be acquitted
Argument
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The appeals (C.A.Nos.7126-7129 of 2003) filed by the Commissioner,Meerut are dismissed
Ruling by Present Court
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The learned Special Court, in the impugned order, stated: (i
Ruling by Lower Court
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Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed,to her employer,stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives' maternity benefit
Statute
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that the several instances of cheating being alleged to be in pursuance of that conspiracy were parts of the same transaction and, therefore, the joint trial of the accused persons for the different offences was not vitiated
Precedent
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Although a remedy is barred, a defence can be raised
Precedent
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But certain objections have been taken to it with which we will deal at the appropriate place
Ratio of the decision
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A.I.R.1985 S.C.1576 1985 Indlaw SC 246 on the question of solarium and interest on the amount awarded
Facts
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when both the trial Court as also the High Court have found that the charge leveled against the appellant under the Act has been made out and proved by the prosecution by placing acceptable evidence
Ratio of the decision
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Ganeswara Rao was also an old employee of AECO, having been appointed a stenotypist in the year 1923 on an initial salary of Rs
Ratio of the decision
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So far as other accused are concerned,none of the prosecution witnesses ascribed any role to A-2,A-3 and A-12 and even though PW-15 deposed at the trial about the presence of A-4,A-6 and A-7 and stated that they were present with the accused party but the trial court,for good and sufficient reasons found that his testimony as regards their presence in the unlawful assembly,had not received trustworthy corroboration from any other prosecution evidence
Facts
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The suggestion of the learned counsel was that the nature of the review under paragraph 27 was so apparently quasi-judicial and that the need to know the reasons for the order sought to be reviewed was so real if the manufacturer was effectively to exercise his right to seek the quasijudicial remedy of review, that by necessary implication it became obvious that the Order fixing the maximum price must be considered to be quasijudicial and not legislative in character
Argument
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In fact in April, 1952 the Collector attached VESCO properties for realising this amount
Facts
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It further shows that the Court considered the plea of the appellant therein for acquittal despite the fact that the notice was limited in terms of the order dated 27.07.2009.It is relevant to point out that the Bench in para 18,clarified the position and reopened the case in its entirety even though notice was issued confining to a particular aspect
Argument
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So also A, B and C could be jointly tried together for an offences under s. 302
Ratio of the decision
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B.K.Mehta,Advocate appearing for the appellants and Sh
Facts
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5,000 as dowry and the total expenses incurred in the marriage was about Rs
Facts
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Further, a definite plea was taken that there was no scope for retrospective withdrawal of benefit by an executive order
Ratio of the decision
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It rejected the demand of the Union for abolishing the Efficiency Bar,but the span of 15 years for earning increment was expanded in some grades to 20 years and some adjustments were also made in specific grades
Facts
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Clause (1) requires that all executive action of the State Government shall have to be taken in the name of the Governor
Ratio of the decision
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the President is not invested with authority to accord a temporary recognition to a Ruler nor with authority to recognize or not to recognize a Ruler arbitrarily : the expression "for them time being" predicts that there shall be a Ruler of the Indian State,that if the first recognized Ruler dies,or ceases to be a Ruler,a successor shall be appointed,and that there shall not be more Rulers than one at a given time
Precedent
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Since in the facts of this case,we find that the appellant should be heard on all points,we have come to the aforesaid conclusion
Argument
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Para 19(3) occurring in this part deals with allocation of powers under the provisions of the Code otherwise than these referred to in the earlier paragraphs
Ratio of the decision
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7) Thereupon only that portion of the information which relates distinctly or strictly to the fact discovered can be proved
Ratio of the decision
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It is, therefore, constitutionally obliged to strictly comply with the requirements of Arts
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Secondly, Harish Chand Sharma himself states that between 19.3.1991 and 25.3.1991 the ac-cused was called several times at the police station and on 21.3.1991 itself he was called twice in a day
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But, this is only a bread distinction, not necessarily always true
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It inter alia provides for giving of a notice by the Town Planning Officer as follows: "(1) In a preliminary scheme,the Town Planning Officer shall
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1396 crores, (II
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