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At this juncture we would like to take note to certain factual positions highlighted by the appellants which are practically undisputed by the respondents
Ratio of the decision
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Union of India and Others [(1999) 6 SCC 237 1999 Indlaw SC 1396],this Court developed the "useless formality" theory stating: "More recently Lord Bingham has deprecated the useless formality theory in R.v
Precedent
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If the pay of an employee does not coincide with any step in the revised pay scale,and falls between two steps in the reclassified pay scales,the basic pay of that employee shall be fixed at the step higher in the revised scale
Facts
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There was already an oil lamp burning which was attached to the ceiling by a brass chain
Facts
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Now, as regards the reliability of the approver
Ratio of the decision
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2 SCC 334 2005 Indlaw SC 6 for the proposition that there can be a second revision under the same provision of the Statute
Argument
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where the Actual income is to be included in the gross assets, in the case of forests, the assumed income and not the Actual income is to be included
Ruling by Lower Court
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This is further confirmed by a perusal of the letter written by the Appellant to Telu Ram P.W. 8 in reply to his letter dated 28th February'63 (not produced) that "Necessary possession of the, runway and taxi track has already been given to you
Ratio of the decision
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It is not in dispute that the Company was under heavy arrears as on 3rd January,1977.Therefore,the District Collector,Meerut appointed the Receiver
Ratio of the decision
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Appeal dismissed
Ruling by Present Court
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Once the prosecution has been able to show that at the relevant time, the room and terrace were in exclusive occupation of the couple, the burden of proof lay upon the respondent to show under what circumstances death was caused to his wife
Argument
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Either at the end of 1983 or early part of 1984,the 5th respondent through the said Doorsarshan decided to introduce the production of films or serials especially for exhibitions on TV instead of exhibiting/telecasting films produced by the professional film producers on payment of exorbitant royalty to them,partly as an economy measure and partly to provide avenues to and exposure new talents
Facts
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The said case was also tagged with the aforesaid appeals
Facts
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Pooran Mal & Sons and Another [(1975) 4 SCC 568 1974 Indlaw SC 354] the issue was regarding waiver of benefits under a statute of limitation
Precedent
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The slab-system of calculation of compensation in the Act providing smaller multiples for estates yielding larger income is unconstitutional
Ruling by Lower Court
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The accused may or may not avail the opportunity for offering his explanation
Ratio of the decision
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Till the separation between the judiciary and the executive was effected the Collector as the head of the Revenue Department was also the District Magistrate
Ratio of the decision
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The two sons and the wife also died long before the incident and Mukhtiar Kaur the sole surviving member of this branch of the family had been married to Balwinder Singh PW9 about 9 or 10 years earlier
Facts
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The need of the consumer public is to be ascertained and making the drug available to them at a fair price is what it is all about
Ratio of the decision
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In support of his contention
Argument
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We do not see how this case can assist the appellant because in the first ace there is no question of an alteration, of the charge and secondly the circumstance that someone who is not a public servant abetted the appellant is hardly relevant
Ratio of the decision
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It is useful to refer that in the Prevention of Corruption Act,1947 the same "criminal misconduct" which is available in S.13 of the 1988 Act had been dealt with in S.5 of the 1947 Act
Statute
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To similar effect was the view expressed in K.Chinnaswamy Reddy v
Ratio of the decision
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The direction of the learned Single Judge on the other hand is to carry out the directions of the Supreme Court in respect of the Nalban Fishery
Ratio of the decision
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a
Ratio of the decision
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It can be seen from the above that the appellant is reluctant to reply in writing as to what he is asking the contractor to do under verbal orders while the contractor for safeguarding his position is insisting on having it in writing
Ratio of the decision
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In the event of converting them as permanent under Rule 24,the quota prescribed in Rule 6 would be applied to substantive posts
Ratio of the decision
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Tosiba Appliances Co
Precedent
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In construing the will of a Hindu it is not improper to take into consideration what are known to be the ordinary notions and wishes of Hindus with respect to the devolution of property
Precedent
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Appellants aggrieved thereby and dissatisfied therewith preferred an appeal before the Karnataka High Court which was marked as R.F.A.No.271 of 2004
Facts
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The Division Bench of the High Court has held that since no warning was issued to the respondent action taken under Service Regulation No.113 was not in accordance with law
Ruling by Lower Court
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The reason is obvious
Ratio of the decision
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In the instant case,the Magistrate passed order releasing the accused on probation without taking into consideration their character
Precedent
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Jain Industries,it was for it to take action there for
Ratio of the decision
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After completion of the arguments the trial court reserved the verdict
Facts
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With this factual position,let us consider whether the request of the learned senior counsel for the appellant is to be accepted and sentence be reduced to the period already undergone
Argument
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This reflects the normal approach of English law,namely,that the terms of a contract will normally govern the transaction,or other relationship between the parties,rather than the general law
Ratio of the decision
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Such offences put to test the wits of an investigating officer
Ratio of the decision
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The Tamil Nadu case
Ratio of the decision
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This Court then referred to the Madras University Act,1923.It was held that s.10 of the Central Act dealt with various matters (including granting approval for starting new technical institutions),and that so far as these matters were concerned
Ratio of the decision
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that by corrupt or illegal means and by abusing his position as a public servant he obtained pecuniary advantage Of Rs
Ratio of the decision
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The legislative activity being a subordinate or delegated legislative activity, it must necessarily comply with the statutory conditions if any, no more and no less, and no implications of natural justice can be read into it unless it is a statutory condition
Ratio of the decision
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In one year,the nature of cultivation is described as "Swantha"and in the years,the column is left blank
Facts
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The appeal is heard
Facts
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In the present case,we are concerned with the retrospective effect of the certificate issued by the Registrar of Trade Marks on 30.6.2000 with effect from 30.9.91
Ratio of the decision
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There is a prelimi-nary scrutiny of the applications by the Bureau RC of the Council
Statute
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a
Statute
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Before this power is exercised,two conditions must be satisfied; Firstly,the employee must be found to be absent from duty without leave or overstaying the period of sanctioned leave,and secondly,he failed to join his duty even after a warning
Ratio of the decision
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The Land Acquisition Officer or the Court,as the case may be,had to ascertain the value of a claimant's right in the property acquired and compensate him in that behalf
Ratio of the decision
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i
Statute
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This is the lowest type of culpable homicide and the punishment provided for it is, also, the lowest among the punishments provided for the three grades
Precedent
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We refused to accede to his request as oral heating had already been completed and the matter had been adjourned only to enable the respondent's counsel to obtain instructions
Ratio of the decision
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The best evidence to prove the latter set of facts consists of the account books of the firms themselves
Statute
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In this case this Court held that the omission of the prosecution, inter-alia, to have the finger prints found on the alleged murder weapon was fatal to the prosecution story
Precedent
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dated 11.9.97 (Annexure A/2 to the writ petition) appointing 4 persons to the post of Mandol,are perused by me minutely
Facts
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d
Ratio of the decision
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And Others [(1994) 4 SCC,602
Precedent
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Appeal disposed of
Ruling by Present Court
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With reference to the U.O.letter No.2/15/93 Com(R
Facts
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The learned counsel would argue that the job was required to be performed for six months for which somebody else could have been appointed so as to attract the provisions of the 1961 Act and the 1963 Rules
Argument
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We are also satisfied that there is no substance in the complaint that the questioning bordered on cross-examination
Ratio of the decision
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Gupta,also contended that the order of the High Court of Hon'ble Mr
Argument
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In view of the improvement made by the prosecution witnesses at the trial from their earlier statements and the infirmities already noticed,we are of the opinion that it cannot be said with any amount of certainty that the participation of A-10 in the assault or even his presence in the unlawful assembly at the time of the assault near Jagdamba hotel or the Math,has been substantiated
Ratio of the decision
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All the contentions raised by learned counsel appearing for the appellant were considered by us in the light of evidence on record
Ratio of the decision
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The respondents contended that on no occasion the petitioners acted as a producer and even the contract was signed by the petitioners as an Advertiser and by the respondent No.1 as an approved agent
Argument
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1) Provision for depreciation, (2) Reserves for rehabilitation, (3) A return at 6 per cent
Ratio of the decision
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If and when he prefers a claim to this particular mineral productfrom other villages comprised in his grant or to the other mines ormineral products in all the villages including Isarwada and Kapodaan inquiry into such claim under s.37(2) could be held,but even the decision at such inquiry would be subject to adjudication by a Civil Court in appropriate proceedings,for the final pronouncement on such rights must,as is clear from the scheme ,of the Bombay Land Revenue Code,always rest with the Civil Court
Ratio of the decision
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We may,however,also notice that another construction of the said provision has been put forth by Mr
Ratio of the decision
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It is, however, not necessary to explore the doctrine in this case, it is enough merely to note that a legitimate expectation can provide a sufficient interest to enable one who cannot point to the existence of a substantive right to obtain the leave of the court to apply for judicial review
Ratio of the decision
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3000/being the value of the appellant's bungalow taken possession of by the respondent
Ratio of the decision
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Furthermore,the civil court proceedings were over on 19.11.2004
Ratio of the decision
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In the above matter,the State of Tamil Nadu granted permission on 17.4.84 to all private managements to start private Engineering colleges without financial commitment to government but subject to conditions
Precedent
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It was stated that Dr
Facts
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In India,the mark "Caltex" was a totally new mark for watches and allied goods
Precedent
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The third charge is that the two respondents, along with the approver
Ratio of the decision
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At the trial,the prosecution alleged that the accused party with an intent to commit terror in the Wadar community had committed the murder of Popat and injured PW-9 and PW-14,by using lethal weapons and had thereby committed terror in the Wadar community and,thus,committed an offence under Section 3 of TADA,besides the other offences as already noticed
Argument
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The second rectification application filed by the first respondent,however,was transferred to the Intellectual Property Appellate Board
Facts
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234, 235 and 236
Ratio of the decision
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Ex.P-10 is the statement relating to jewelleries,ultimately leading to recovery of gold ingots (M.O.18 series) from the house of P.W.19 on the basis of other connecting statements of P.W.17 and P.W.18.These three statements,Exs
Facts
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Even when the learned Single Judge's order has been passed under both the articles,for deciding the maintainability against such an order what would be relevant is the principal or main relief granted by the judgment passed by learned Single Judge and not the ancillary directions given by him
Precedent
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Ker.86 1974 Indlaw KER 91,and to Convention No.103 concerning Maternity Protection Convention (Revised),1952 adopted by the General Conference of the International Labour Organisation
Argument
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The rule laid down in High Trees case (supra), again came up for consideration before the King's Bench in Combe v. Bombe, [1951] 2 K.B. 215
Precedent
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hereinafter called the 'Rent Act') is' the question involved in this appeal by special leave from the judgment and order of the High Court of Gujarat dated 21st of August,1979
Ratio of the decision
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The Director of Technical Education of the State was a member of the State Level Committee as per regulation 9(4) of the AICTE Regulations
Ratio of the decision
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Forfeiture under this section shall be disposed of as the Division Peishkar may direct
Statute
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Treasury
Ratio of the decision
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It is also clear from the evidence that the two spent cartridge cases recovered, one from near Mukhtiar Kaur's dead body, and the second from the right barrel of the gun lying near the appellant had been sent to the Forensic Science Laboratory which opined that one of the cartridges had been fired from the gun and the other could have been fired therefrom
Ratio of the decision
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Before the learned Special Court, the parties herein filed several applications which can be sub-divided in three categories, as would be noticed shortly hereinafter
Facts
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In the aforesaid view of the matter this appeal must fail and is accordingly dismissed with costs
Ruling by Present Court
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There are a few other s.s in Chapter VI which deal with payment of compensation
Statute
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In one of the contracts (Exhibit H-1) the wording used is as under :- "Sponsorship of programme of 25 mts duration produced by sponsor entitled "Yeh Jo Hai Zindagi" including 2 mts free commercial time
Facts
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In the case of a lease,the estate that is outstanding in the lessor is the reversion; in the case of a mortgage,the estate that is outstanding is the equity of redemption of the mortgagor
Precedent
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a) and (d) of s. 239
Ratio of the decision
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Thus we are constrained to answer the question in the negative by agreeing with the view expressed by the single Judge of the High Court in this regard in his Judgment and Order under appeal
Ratio of the decision
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We do not agree with the view taken by the Division Bench
Ratio of the decision
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The aforesaid orders were also challenged by the State Government
Facts
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A declaratory decree,therefore,was passed
Facts
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Having regard to the facts and circumstances of the case, in our considered view, the period of sentence of five years may be reduced to three years apart from directing the second appellant Rajbir
Ratio of the decision
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12.What order
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
There was moreover indiscipline amongst the workers and production suffered
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context