Fawazzx/semantic huggingface dataset:
Ex.P-6 is the statement leading to recovery of Travel bags (M.Os.2 & 3),knife (.M.0.5),wooden log (M.0.28),rubber gloves (M.0.29 series) cotton rope with human hair (MN.O.30 series),two sponges soaked with blood (M.0.31 series),bloodstained blue clolour jean pant (M.0.32),bloodstained white banian (M.0.33),colour banian (M.0.34),bloodstained grey colour pant (M.0.35),bloodstained pillow (M.0.36),plastic bucket (M.0.37) from the house of P.W.3.Ex-P-8 is the statement leading to recovery of computer and its accessories (M.Os.6 to 17) from the house of P.W.15,a classmate of the accused
Semantic role: Facts
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
Semantic role: Facts
SC 79 1989 Indlaw SC 31),it was laid down that when a case rests upon circumstantial evidence,such evidence must satisfy the following tests: "(1) the circumstances from which an inference of guilt is sought to be drawn,must be cogently and firmly established; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused; (3) the circumstances,taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else; and (4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence
Semantic role: Precedent
Sir Alfred Wills in his admirable book "Wills' Circumstantial Evidence" (Chapter VI) lays down the following rules specially to be observed in the case of circumstantial evidence: (1) the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt connected with the factum probandum; (2) the burden of proof is always on the party who asserts the existence of any fact,which infers legal accountability; (3) in all cases,whether of direct or circumstantial evidence the best evidence must be adduced which the nature of the case admits; (4) in order to justify the inference of guilt,the inculpatory facts must be incompatible with the innocence of the accused and incapable of explanation,upon any other reasonable hypothesis than that of his guilt, (5) if there be any reasonable doubt of the guilt of the accused,he is entitled as of right to be acquitted
Semantic role: Ratio of the decision
The circumstances concerned must or should and not may be established; (2) the facts so established should be consistent only with the hypothesis of the guilt of the accused,that is to say,they should not be explainable on any other hypothesis except that the accused is guilty; (3) the circumstances should be of a conclusive nature and tendency; (4) they should exclude every possible hypothesis except the one to be proved; and (5) there must be a chain of evidence so compete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused
Semantic role: Precedent
At one time it was held that the expression "fact discovered" in the section is restricted to a physical or material fact which can be perceived by the senses,and that it does not include a mental fact,now it is fairly settled that the expression "fact discovered" includes not only the physical object produced,but also the place from which it is produced and the knowledge of the accused as to this,as noted in Pulukuri Kottaya's case 1946 Indlaw PC 23 (supra
Semantic role: Ratio of the decision
State of Madhya Pradesh (AIR 1999 SC 3544 1999 Indlaw SC 1512) the scope and ambit of Section 27 of the Evidence Act was analysed in great detail and it was concluded in para 12 as follows: " True,such information is admissible in evidence under Section 27 of the Evidence Act,but admissibility alone would not render the evidence,pertaining to the above information,reliable
Semantic role: Precedent
Apart from the fact that there is niggling doubt about the so called confession,in view of statement under Section 164 of the Code of P.W.22 and the statement of C.W.1,a further doubt is raised regarding such aspect in view of evidence of C.W.1 to the effect that he had seen such computer in the room of the deceased when they had gone to the room after the offence was reported
Semantic role: Ratio of the decision
It is of course true that the prosecution has tried to exonerate P.W.1 by adducing evidence through P.Ws.36 and 39 to the effect that immediately after recovery of the dead body,P.W.40 had taken two such keys,thus contradicting the alleged confession of P.W.1.However,the very suspicious role of P.W.40,who apparently was in possession of at least two keys of the same lock creates suspicion regarding recovery of another key after 5 months
Semantic role: Ratio of the decision
It was directed that the order dated May 14,1993,would not apply to educational institutions falling in categories (4) and (5) and the institutions referred to in paragraph 18 of the order dated August 18,1993.The order dated May 14,1993,was made applicable to the institutions falling in categories (1),(2) and (3) with the modification that following were added in continuation of the said order: " In continuation it is made further clear that whether any of the petitioner-institutions is a MEI or not is a matter for the Government to verify and determine
Semantic role: Facts
Separate directions were,however,given in respect of institutions referred to in Writ Petitions Nos.284 and 482 of 1993.With regard to Writ Petition No.284 of 1993 it was observed that in the said writ petition the petitioner has claimed that no capitation fee is charged from any student and the fee charged is not more than (in some cases less than
Semantic role: Ratio of the decision
Similarly as regards Writ Petition No.482 of 1993,it was observed that according to the petitioner in that case the medical college run by it at Vellore in the State of Tamil Nadu is a well-reputed institution,admission to which is made on the basis of All India entrance test conducted by the petitioner and that the admissions are made on the basis of merit and the fee charged by it is not more than the fees chargeable in similar governmental institutions and that there has never been any complaint about the working of this institution and it was observed that this fact was not disputed by Shri Seetharaman,learned counsel for the State of Tamil Nadu
Semantic role: Ratio of the decision
Dealing with Writ Petition No.598 of 1993,the Court,after noticing that an agreement was entered into between the institution and the Government of Kerala according to which while 85% of the seats were to be filled by the Government and the remaining 15% of the seats were left for the management to fill up in its discretion,observed that since the basic principle in Unni Krishnan' as well as the order dated August 18,1993 is that merit shall be the guiding principle in the matter of admission,a plea for discretionary quota could not be countenanced and it was directed that the said writ petition shall also be governed by the order dated May 14,1993,as modified by addition
Semantic role: Facts
By order dated October 7,19933 the Constitution Bench having regard to the fact that the year 1993 being a year of transition and adjustment and also in view of the orders of the Government of India permitting admission of foreign students to the extent of as much as 50% of the seats as well as the time that had already elapsed,permitted the private professional colleges to admit non-resident Indians and foreign students up to a maximum extent of 15% of the intake capacity of that year
Semantic role: Facts
In the aforesaid order dated October 7,19933,with reference to the Minority Educational Institutions in the State of Kerala (such as those covered by Writ Petition No.598 of 1993) it has been observed: "The system obtaining in Kerala appears to be altogether different which was unfortunately not brought to our notice on August 18,1993.There are only two private engineering colleges in the State,said to be Minority Educational Institutions
Semantic role: Facts
We have heard learned counsel for the parties and we are of the view that except for the Minority Educational Institutions in Kerala which are governed by the terms of the agreements with the Government of Kerala,the directions given by this Court with regard to admissions for the academic session 1993 can continue and govern admissions for the next academic session commencing in 1994.As regards the institutions in the State of Kerala which are governed by the terms of agreements with the Government of Kerala,the admissions to such institutions would be made in accordance with those agreements
Semantic role: Facts
In rest of the Minority Educational Institutions falling in categories (1),(2) and (3) indicated in paragraph 5 of the order dated August 18,19932,admission shall be made in accordance with the directions contained in the order dated May 14,1993 in Writ Petitions Nos.350 and 355 of 1993 as modified by order dated August 18,19932,but the directions would not apply to the institutions referred to in paragraph 18 of the order dated August 18,19932.In this context,we would like to impress upon the managements of the institutions concerned that while assessing the merit of a candidate for admission the objective should be to promote the excellence of the institution as a vehicle of general secular education
Semantic role: Ratio of the decision
The seniority shall be determined in accordance with the quota rule to the posts available in the respective years in which the vacancies had arisen otherwise existing substantive posts should be filled up applying Rule 6.It is,therefore,incumbent upon the State Government to find out how many vacancies were existing in the year 1974-75 and thereafter every year and to determine as to how the respective posts stood reserved for the direct recruits and promotees in accordance with the quota
Semantic role: Ratio of the decision
It was just the other day that our brothers Ranganath Misra and M.M. Dutt, JJ. had to give directions in a case (Vincent Panikurbangara v. Union of India) where a public spirited litigant had complained about the unscrupulous exploitation of the Indian Drug and Pharmaceutical Market by multinational Corporations by putting in circulation low-quality and even deleterious drugs
Semantic role: Ratio of the decision
In the case of subordinate 'legislation, it may happen that Parliament may itself provide for a notice and for a hearing-there are several instances of the legislature requiring the subordinate legislating authority to give public notice and a public hearing before say, for example, levying a municipal rate--,in which case the substantial non-observance of the statutorily prescribed mode of observing natural justice may have the effect of invalidating the subordinate legislation
Semantic role: Ratio of the decision
After referring to Hari Shanker Bagla v. State of Madhya Pradesh, [1955] 1 SCR 380 1954 Indlaw SC 135; Union of India v. Bhanamal Gulzarimal, [1960] 2 SCR 627 1959 Indlaw SC 127; Sri Krishna Rice Mills v. Joint Director (Food) 1965 Indlaw SC 93, (unreported); State of Rajasthan v. Nathmal and Mithamal, [1954] SCR 982 1954 Indlaw SC 66; Narendra Kumar v. Union of India, [1960] 2 SCR 375 1959 Indlaw SC 61; Panipat Co-operative Sugar Mills v. Union of India, [1973] 1 SCC 129 1972 Indlaw SC 155; Anakapalle Co-operative Agricultural & Industrial Society Ltd. v. Union of India
Semantic role: Precedent
In Sarkari Sasta Anaj Vikreta Sangh v. State of Madhya Pradesh, [1981] 4 SCC 471 1981 Indlaw SC 607; it was pointed out that the amendment of the Madhya Pradesh Food Stuffs Distribution Control Order was a legislative function and there was, therefore, no question of affording an opportunity to those who were to be affected by it
Semantic role: Precedent
It provides that in calculating the amount to be paid for the commodity required to be sold regard is to be had to--(a) the minimum price, if any, fixed for sugarcane by the Central Government under this section; (b) the manufacturing cost of sugar; (c) the duty or tax, if any, paid or payable thereon; and (d) the securing of a reasonable return on the capital employed in the business of manufacturing sugar
Semantic role: Statute
Formulation" is defined as follows:- "Formulation means a medicine processed out of, or containing one or more bulk drugs or drugs, with or without the use of any pharmaceutical aids for internal or external use for, or in the diagnosis, treatment, mitigation or prevention of disease in human beings or animals, but shall not include-- (i) any bona fide Ayurvedic (including Sidha) or Unani (Tibb) Systems of medicine; (ii) any medicine included in the Homoeopathic system of medicine; 865 (iii) any substance to which the provisions of the Drugs and Cosmetics Act, 1940 (XXIII of 1940), do not apply
Semantic role: Statute
The expressions "free reserve", "leader price", "net-worth", "now bulk drug", "pooled price," "pre-tax return", "retention price" are defined in the following manner: ""Free reserve" means a reserve created by appropriation of profits, but does not include reserves provided for contingent liability, disputed claims, goodwill, revaluation, and other similar reserves". "'leader price' means a price fixed by the Government for formulations specified in Category I, Category II or Category III of the Third Schedule in accordance with the provisions of paras
Semantic role: Statute
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
Semantic role: Statute
Paragraph 3(4)(b) provides that where the price of a bulk drug has not been notified by the Government, the manufacturer shall, within 14 days of the commencement of the the production of such bulk drug, make an application to the Government in Form I and intimate the Government the price at which he intends to sell the bulk drug and the Government may, after making such an enquiry as it thinks fit, by order, fix a provisional price at which such bulk drug shall be sold
Semantic role: Ratio of the decision
Paragraph 4 of the 1979 order provides that notwithstanding anything contained in paragraph 3, the Government may, if it considers necessary or expedient so to do for increasing the production of an indigenously manufactured bulk drug specified in the first or second schedule, by order, fix-- "(a) a retention price of such bulk drug, (b) a common sale price for such bulk drug taking into account the weighted average of the retention price fixed under clause
Semantic role: Statute
Paragraph 27 enables any person aggrieved by any notification or order under paragraphs 3, 4, 5, 6, 7, 9, 12, 13, 14, 15 or 16 to apply to the Government for a review of the notification or order within fifteen days of the date of the publication of the notification in the official Gazette, or, as the case may be, the receipt of the order by him
Semantic role: Statute
It was contended that in any case, whatever be the nature of the enquiry and the order contemplated by paragraph 3, the review for which provision made by paragraph 27 was certainly of a quasijudicial character and, therefore, it was necessary that the manufacturers should be informed of the basis for the fixation of the price and furnished with details of the same in order that they may truly and effectively avail themselves of the remedy of review
Semantic role: Argument
We are unable to agree with the submissions of the learned counsel for the respondents either with regard to the applicability of the principles of natural justice or with regard to the nature and the scope of the enquiry and review contemplated by paragraphs 3 and 27 while making our preliminary observations, we pointed out that price fixation is essentially a legislative activity though in rare circumstances, as in the case of a compulsory sale to the Government or its nominee, it may assume the character 'of an administrative or quasijudicial activity
Semantic role: Ratio of the decision
From the legislative nature of the activity of the Government, it is clear that the Government is under no obligation to make any disclosure of any information received and considered by it in making the order but in order to render effective the right to seek a review given to an aggrieved person we think that the Government, if so requested by the aggrieved manufacturer is under an obligation to disclose any relevant information which may reasonably be disclosed pertaining to 'the average cost of production of the bulk drug manufactured by an efficient manufacturer' and 'the reasonable return on net worth
Semantic role: Ratio of the decision
On the question of the scope of a Review, the learned counsel for the respondents invited our attention to Vrajlal Manilal & Co. v. Union of India & Anr., [1964] 7 SCR 97 1964 Indlaw SC 194; Shivaji Nathubhai v. Union of India & Ors., [1960] 2 SCR 775 1960 Indlaw SC 430; Maneka Gandhi, [1978] 2 SCR 621 1978 Indlaw SC 212; Swadeshi Cotton Mills, [1981] 2 SCR 533 1981 Indlaw SC 349; and Liberty Oil Mills
Semantic role: Argument
In ShivaIi Nathubhai v. Union of India & Ors.,1960 Indlaw SC 430 (supra) it was decided by the court that the power of review granted to the Central Government under Rule 54 of the Mineral Concession Rules required the authority to act judicially and its decision would be a quasi-judicial act and the fact that Rule 54 gave power to the Central Government to pass such order as it may deem 'just and proper' did not negative the duty to act judicially
Semantic role: Precedent
Despite the pressing invitation of Shri Diwan to go into facts and figures and his elaborate submissions based on facts and figures, we have carefully and studiously refrained from making any reference to such facts and figures as we consider it outside our province to do so and we do not want to set any precedent as was supposed to have been done in Premier Automobiles though it was not so done and, therefore, needed explanation in later cases
Semantic role: Ratio of the decision
While on the question on formulations, we would like to refer to the "Oration" of Dr. N.H. Antia at the 24th Annual Convocation of the National Academy of Medical Sciences where he posed the question: "Why do we produce 60,000 formulations of drugs worth Rs.2,500 crores which reach only 20% of the population when WHO recommends only 258 drugs and Rs.750 crores worth would suffice for all our people if used in an ethical manner
Semantic role: Ratio of the decision
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
Semantic role: Ruling by Lower Court
Section 2 of Dowry Prohibition Act reads as under :- "2. Definition of "dowry" - In this Act "dowry" means any property or valuable security given or agreed to be given either directly or indirectly- (a) by one party to a marriage to the other party to the marriage; or (b) by the parent of either party to a marriage or by any other person, to either party to the marriage or to any other person, at or before or any time after the marriage in connection with the marriage of the said parties, but does not include dowry or mahr in the case of persons to whom the Muslim Personal Law (shariat) applies
Semantic role: Statute
SC 240 1961 Indlaw SC 171 that Section 423(1)(b)(i) of Code of Criminal Procedure, 1898 (which corresponds to Section 386(b)(i) of Code of Criminal Procedure, 1973) is clearly confined to cases of appeals preferred against orders of conviction and sentence, the powers conferred by this clause cannot be exercised for the purpose of reversing an order of acquittal passed in favour of a party in respect of an offence charged, in dealing with an appeal preferred by him against the order of conviction in respect of another offence charged and found proved
Semantic role: Precedent
Sri T.L.Viswanatha Iyer also contended that though the State Government stated in its counter affidavit filed in the High Court that the "policy" of the Government was not to grant approval to self-financing engineering colleges to be established,such a policy could not come in the way of the appellant in view of what this Court has stated in similar circumstances in Thirumuruga Kirupan & Variyar Thavathiru Sundara Swamigal Medical Education & Charitable Trust v
Semantic role: Argument
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
Semantic role: Statute
Sub-cl.(1) permits the Council to advice the Central Government in certain respects,sub-cl.(m) lay down norms for granting autonomy,subcl.(n) to take necessary steps to prevent commercialisation of technical education,cl.(o) to provide guidelines for admission of students to technical institutions and Universities imparting technical education,cl.(p) to inspect or cause inspection to any technical institution,cl.(q) to withhold or discontinue grant,cl.(r) to strengthen the existing organisa-tions etc.,cl.(s) to declare technical institutions as fit to receive grants,cl.(t) to advice for declaring institutions to be deemed as universities,cl.(u) to set up a National Board of Accreditation
Semantic role: Statute