Fawazzx/semantic huggingface dataset:
Regulation 2 states that these regulations will be applicable to proposals relating to "(a) grant of approval of the Council for establishment of new technical institutions including Universities or University depart-ments and deemed Universities and for technical institutions function-ing on the date of commencement of these regulations at Degree and Diploma levels; (b) grant of approval of the Council for introduction of any course or programme in the technical institutions and technical departments or Universities or deemed Universities; (c) grant of approval of the Council for existing intake capacity of seats and for increase in the annual intake capacity of seats in courses and programmes
Semantic role: Statute
We have already pointed out under Point 1 that in the Tamil Nadu case,s.10(k) of the AICTE Act was referred to and the power of 'approval' for establishing a technical institution was considered,in our opinion,even if there was a State law in the State of Kerala which required the approval of the State Government for establishing technical institutions,such a law would have been repugnant to the AICTE Act and void to that extent,as held in the Tamil Nadu case
Semantic role: Ratio of the decision
Sub-cl.(1) of cl.(9) of the statute required "verification of the facilities that may exist for starting the new colleges/course".The Commission was to inspect the site,verify the title deeds as regards the proprietary right of the management over the land (and buildings,if any) offered,building accommodation provided,if any,assets of the management,constitution of the registered body and all other relevant matters,Sub-cl.(2) of cl.(9) stated that the affiliation "shall depend upon the fulfilment by the management of all the conditions for the satisfactory establishment and maintenance of the proposed institutional courses of studies and on the reports of inspection by the Commission or Commissions which the University may appoint for the purpose
Semantic role: Ratio of the decision
No doubt the question of affiliation was a different matter and was not covered by the Central Act but in the Tamil Nadu case,it was held that the University could not impose any conditions inconsistent with the AICTE Act or its Regulation or the conditions imposed by the AICTE.Therefore,the procedure for obtaining the affiliation and any conditions which could be imposed by the University,could not be inconsistent with the provisions of the Central Act
Semantic role: Ratio of the decision
State of Tamil Nadu & Others,[1996] 3 SCC 15 1996 Indlaw SC 858,which was a case relating to Medical Education and which also related to the effect of a Central Law upon a law made by the State under Entry 25 List III,it was held that the "essentiality certificate cannot be withheld by the State Government on any policy consideration because the policy in the matter of establishment of a new medical college now vests with the Central Government alone
Semantic role: Precedent
The University was also one of the agencies consulted by the council of the AICTE under Regulation 8.Once that was over,and approval was granted by the AICTE,if there was any default on the part of the College in compliance with the conditions of approval,the only remedy for the Univer-sity was to bring those facts to the notice of the AICTE so that the latter could take appropriate action
Semantic role: Ratio of the decision
For the aforesaid reasons,we set aside the judgment of the Division Bench of the High Court and uphold the reasoning of the learned Single Judge in his judgment in OP 4612/96 dated 14.1.1997.We hold that the approval of the AICTE was sufficient,we do not also think that it was necessary for the learned Single Judge to direct the State Government to reconsider its decision
Semantic role: Ratio of the decision
Having recorded the aforesaid facts in the FIR, PW14 Inspector Harjinder Pal Singh reached the place of incident and lifted one spent 12 bore cartridge case (Shaktiman make) from near Mukhtiar Kaur's dead body and one DBBL gun from the place where Ujjagar Singh appeared to have been shot and another spent cartridge case was recovered from the right barrel of the gun
Semantic role: Facts
The post-mortem examination was also conducted by PW5 Dr. Ishwar Singh, Medical Officer, Civil Hospital along with Dr. Harwinder Kaur PW17 and it was found that Mukhtiar Kaur had two gunshot injuries on her dead body, a wound of entry on the back of right side of chest 2 cm x 1 cm with margining  and blackening and a corresponding exit wound of 5 cm x 3.5 cm to the front of the right side of the chest
Semantic role: Facts
He also deposed that Mukhtiar Kaur had told him some time earlier that the accused had been beating her and had also committed sexual intercourse with her and that at about 11 p.m. on 10.11.2002 Karam Singh PW10 had informed him as to what had transpired on which he along with his father Hamir Singh PW12 and several others had rushed to Bangawali
Semantic role: Facts
The prosecution also relied on the statements of Dr. Vijay Kumar PW6 of the Civil Hospial, Dhuri who testified that the appellant had been brought to the hospital at about 2.45 p.m. on 10.11.2002 with a serious gun shot injury, Dr. Ripan Miglani PW15 of the Dayanand Medical College & Hospital, Ludhiana who deposed that he had been admitted to the department of Neuro surgery with a serious gun shot injury and Dr. Sanjay Uppal PW16, a plastic surgeon who disclosed that the appellant had been under his treatment for almost 5 weeks and the burnt area around the firearm injury had been removed by him
Semantic role: Facts
He has also pointed out that there were no eye witnesses to the incident and the 4 witnesses i.e. Jora Singh and others who had reached the place of incident and carried the injured appellant to the hospital had also resiled and as the prosecution story now rested on circumstantial evidence alone, it was imperative for the investigating officer to have taken the finger prints from the weapon and that in any case the recovery of the spent cartridges and the gun were clearly suspicious as the weapon had been sent to the laboratory after an inordinate delay
Semantic role: Argument
It has finally been submitted that the land had been transferred in the name of Ujjagar Singh's sons in the year 1994 by Gurmail Kaur, mother of Mukhtiar Kaur by a collusive decree and there was no evidence to show that Mukhtiar Kaur had ever displayed any unhappiness or made any complaint to any person or any authority with regard to the decree and as such, the very basis of the prosecution story did not exist
Semantic role: Argument
Mr. Goburdhan has placed great emphasis on the fact that as the four witnesses who had reached the place of incident i.e. Jora Singh, Satnam Singh, Gurdeep Singh and Kulwant Singh had resiled from their statements and had disowned their initial stories, the prosecution had of necessity to rely on circumstantial evidence and if the chain of circumstances remained incomplete or even if one link in the chain was broken, the prosecution must fail
Semantic role: Argument
He has also relied on the judgment of Balu Sonba Shinde v. State of Maharashtra (2002) 7 SCC 543 2002 Indlaw SC 1923 to contend that it was open to the accused to take advantage (insofar as possible) from the statement of a witness though declared hostile and the four witnesses having disowned the prosecution story and having given a different version, the appellant was entitled to derive such benefit as possible in this situation
Semantic role: Argument
In Mahmood v. State of U.P. (1976) 1 SCC 542 1975 Indlaw SC 643 it has been observed that in a case dependent wholly on circumstantial evidence the court must be satisfied - (a)that the circumstances from which the inference of guilt is to be drawn, have been fully established by unimpeachable evidence beyond a shadow of doubt; (b)that the circumstances are of a determinative tendency unerringly pointing towards the guilt of the accused; and (c)that the circumstances, taken collectively, are incapable of explanation on any reasonable hypothesis save that of the guilt sought to be proved against him
Semantic role: Precedent
In 1984 (4) SCC 116 Sharad Birdhichand Sarda v. State of Maharashtra 1984 Indlaw SC 432, this Court discussed the ratio of the judgments in Hanumant v. State of M.P. AIR 1952 SC 343 1952 Indlaw SC 89, Tufail (Alias) Simmi v. State of U.P
Semantic role: Precedent
1969) 3 SCC 198 1969 Indlaw SC 573 and Ramgopal v. State of Maharashtra (1972) 4 SCC 625 1971 Indlaw SC 555 and Shivaji Sahabrao Bobade v. State of Maharashtra (1973) 2 SCC 793 1973 Indlaw SC 181 and observed thus: "A close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established: (1)the circumstances from which the conclusion of guilt is to be drawn should be fully established
Semantic role: Precedent
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 complete 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
Mr. Goburdhan has also cited Mahmood v. State of U.P. (1976) 1 SCC 542 1975 Indlaw SC 643, Shankarlal Gyarasilal Dixit v. State of Maharashtra (1981) 2 SCC 35 1980 Indlaw SC 47, Sharad Birdhichand Sarda v. State of Maharashtra (1984) 4 SCC 116 1984 Indlaw SC 432, Omwati (Smt) and Ors
Semantic role: Ratio of the decision
The aforesaid articles had been carried to the Laboratory by Constable Gopal Singh who in his affidavit dated 17th March 2003 deposed that he had first taken the articles to the laboratory on 9th December 2002 but they had been returned by the Director on the ground that the seals affixed thereon were not of the requisite number and that after removing the objections raised by the Director, the articles aforesaid had been returned to the laboratory on 18th December 2002
Semantic role: Ratio of the decision
It has also been submitted by Mr. Goburdhan that there appeared to be no motive for the incident as the story about Mukhtiar Kaur's unhappiness about the transfer of land to the sons of Ujjagar Singh sought to be proved by PW9 Balwinder Singh and PW10 Karam Singh had been disbelieved by the High Court with the observation that the statements of these two witnesses could not be relied upon
Semantic role: Ratio of the decision
Reference has been made to Raj Kumar Prasad Tamarkar's case2007 Indlaw SC 5 (supra) wherein in circumstances surprisingly akin to the present matter, this Court had the following observations to make: "The conspectus of the events which had been noticed by the learned Sessions Judge as also by the High Court categorically go to show that at the time when the occurrence took place, the deceased and the respondent only were in the bedroom and the terrace connecting the same
Semantic role: Argument
In Modi's Medical Jurisprudence and Toxicology (23rd Edition) at page 765 while dealing with identification of homicidal and suicidal injuries it has been observed that : "A suicidal firearm wound is usually a contact wound situated on the side of the temple, depending on which hand was used to shoot himself, in the centre of the forehead, the roof of the mouth, in the chest or epigastrium in front or the left side and some times under the chin
Semantic role: Ratio of the decision
for short "the Rules") is in question in this appeal which arises out of a judgment and order dated 27.12.2006 passed by a Division Bench of the High Court of Gujarat at Ahmedabad in Letters Patent Appeal No.1611 of 2006 arising out of a judgment and order dated 23.11.2006 passed by a learned Single Judge of the said Court in SCA No.7092 of 2001
Semantic role: Ratio of the decision
The Scheme was notified in the year 1999.Respondent No.1 herein which is the statutory agency in terms of the Act for the purpose of implementation of the Scheme issued a notice u/s.67 of the Act upon the respondent no.4 on or about 15.01.2000.As he did not respond thereto,a notice u/s.68 of the Act was served on him on 31.03.2000 stating: "As per the said approved preliminary scheme the plot No.157 is allotted to you
Semantic role: Facts
Therefore,as per the Gujarat Town Planning and Urban Development Rules,1979 rule 33 the undersigned in exercise of powers conferred below s.68(1) and 8(2) of the Bombay Provincial Municipalities Act and below the s.68 notice under the Gujarat Town Planning and Urban Development Act this is to inform you that as shown in the sketch on the reverse the premises marked should be vacated within 7 days from receipt of the notice and had over the possession to the Surat Municipal Corporation
Semantic role: Facts
If you fail to do so then on completion of the stipulated time limit as per the Rule 33 of the Gujarat Town Planning and Urban Development Rules,1979 the said land and the occupation on the same will be summarily evicted and your occupation will be removed and if you obstruct/ interfere on it after taking away the possession you trespass then as provided under Rule 33 of the Gujarat Town Planning and Urban Development Rules,1979
Semantic role: Facts
The validity and/ or legality of the said notice was questioned by the appellant by filing a writ petition in the High Court of Gujarat inter alia contending that the purported final allotment of plot No.165 in favour of the respondent no.3 and allotment of final plot No.157 in favour of the respondent no.4 were made without issuing any notice as envisaged u/ss.52 and 53 of the Act
Semantic role: Facts
In the said writ petition,it was prayed: " On the facts and circumstances mentioned herein above,the Petitioner prays to your Lordships that: (A) Be pleased to issue writ of Mandamus or writ in the nature of Mandamus or appropriate writ,order or direction,quashing and setting aside the impugned action of acquiring and demolishing the structures available on the land in question,i.e.,Original Plot No.17/A -R.S.No.17/P,situated at Umra,Surat
Semantic role: Facts
A learned Single Judge of the High Court dismissed the said writ petition inter alia opining that the interest of landlord and tenant being common and in absence of any inter se dispute between them even if any portion of the land which remained in possession of the tenant was included in the Scheme,the proper remedy would be to claim compensation to that extent,holding: " It appears that in the said decision,the Apex Court while considering the scheme on the touch-stone of the mandatory procedure to be followed by the authority under the Bombay Town Planning Rules,has given directions to provide alternative accommodation based on the earlier decision in case of Jaswantsingh Mathurasingh and upheld the scheme
Semantic role: Ruling by Lower Court
Further,it appears that if the interest of the landlord and of the tenant is common and in absence of any inter se dispute between the landlord and tenant,even if any portion of the land which is in possession of the tenant is included in the scheme,the proper remedy for the tenant would be to claim for compensation to that extent and if such compensation is not received by him,he may resort to proper remedy available for recovery of the compensation to the extent of the area in his occupation
Semantic role: Ruling by Lower Court
But if the area of original plot no.17/8 is included in the final scheme and in exchange of the original plot held by Keshav Gramini of 17/8 and 17/7,the final plot is already allotted and as observed earlier it was even otherwise in the ownership of the original holder and it is only on account of inter se dispute the other persons are lawfully occupying the land,the tenant cannot insist that his landlord must be allotted the land of final plot no.157 simultaneously,when he is to be evicted or deprived of the portion of the land of original plot no.17/8.Therefore,in my view considering the peculiar facts and circumstances of the present case,the decision of the Apex Court in case of Mansukhlal1991 Indlaw SC 975 (supra) cannot be made applicable to the present case
Semantic role: Ruling by Lower Court
It makes it obligatory on the part of the officer to give notice of the date on which he will commence his duties and shall state therein the time,within which the owner of any property or rights which is injuriously affected by the making of the town planning scheme shall be advertised in one or more newspapers published in the regional language and circulating within the jurisdiction of the local authority and shall be posted in prominent places at or near the area comprised in the scheme and at the office of the Town Planning Officer
Semantic role: Statute
Sub-Rule (4) makes it imperative upon the Town Planning Officer to "give all persons affected by any particular of the scheme sufficient opportunity of stating their views and shall not give any decision till he has duly considered their representations,if any".Sub-Rule (5) provides for recording a brief minute setting out the points at issue and the necessary particulars if during the proceedings,it appears to the Town Planning Officer that there are conflicting claims or any difference of opinion with regard to any part of the scheme
Semantic role: Statute
Darji1991 Indlaw SC 975 (supra) wherein this Court opined that Sub-rule (3) of Rule 21 of the Bombay Rules was mandatory in nature,subject,of course,to the condition that on the crucial date,viz.,when the Town Planning Scheme is notified in the official gazette,he,whether an owner or tenant or sub-tenant,must be in possession of the property
Semantic role: Ratio of the decision
We would consider the effect of Sub-s.(3) of S.65 of the Act a little later,but,we may at this juncture notice that the respondent No.3 in whose favour plot No.165 has been allotted which includes 200 sq.m.of land purported to be in possession of the appellant had nothing to do with the dispute between the appellant and his landlord the respondent no.4.Respondent No.4 was in possession of a contiguous plot
Semantic role: Ratio of the decision
It was held that he had thereby waived his right to have the caveat set aside as lapsed u/s.23.The Privy Council held that the limitation of time contained in S.23 was introduced for the benefit of the applicant,to enable him to obtain a speedy determination of his right to have the land brought under the provisions of the Act and that it was competent for the applicant to waive the limit of the three months,and that he did waive it by stating a case and applying for and obtaining an order upon the appellant to state her case both,which steps assumed and proceeded on the assumption of the continued existence of the caveat
Semantic role: Precedent
Indlaw SC 681],though the principle was stated far more precisely,in the following terms: "The principle of waiver although is akin to the principle of estoppel; the difference between the two,however,is that whereas estoppel is not a cause of action; it is a rule of evidence; waiver is contractual and may constitute a cause of action; it is an agreement between the parties and a party fully knowing of its rights has agreed not to assert a right for a consideration
Semantic role: Precedent
Waiver of this kind depends upon consent,and the fact that the other party has acted upon it is sufficient consideration It seems that,in general,where one party has,by his words or conduct,made to the other a promise or assurance which was intended to affect the legal relations between them and to be acted on accordingly,then,once the other party has taken him at his word and acted on it,so as to alter his position,the party who gave the promise or assurance cannot afterwards be allowed to revert to the previous legal relationship as if no such promise or assurance had been made by him,but he must accept their legal relations subject to the qualification which he has himself so introduced,even though it is not supported in point of law by any consideration.[See 16 Halsbury's Laws (4th edn) para 1471
Semantic role: Precedent
It is clear from the evidence on record that the partnership firm had undergone metamorphosis from time to time and again ever since the year 1960.The firm Bharat Neon Signs first originated on 4th of October,1960.As many as six persons were named in the partnership firm,on or about 4th of October,1960 and they had executed a deed of partnership on 13th of October,1960 which is Exhibit-114 on the record
Semantic role: Facts
For the purpose of the Suit No.553 of 1969 with which the appeal is concerned,it is relevant to state that the appellant had raised the contention that Ahmedabad Fine & Weaving Works was not the tenant of the suit premies but the suit premises was tenanted by the father of the appellant Girdharlal Chimalal in 1938 and he was the original tenant of the premises and appellant subsequently joined the business of his father as a partner and the name of the partnership firm was Ahmedabad Fine Weaving Works
Semantic role: Ratio of the decision
Diwali and the first account year is decided to be the Aso Vadi 30th day of Samvat Year 2017.While settling accounts at the close of the year,33% amount from the sum which may remain as net profit after deducting all expenditures,viz interest,discount,rent of the shop,rent of the godown,insurance,brokerage,travelling,telegrams,postage,salaries of employees,etc.shall be carried to Reserve Fund and thereafter,in the sum that remains as net profit,the shares of us the partners have been fixed as under: 7.While settling accounts at the close of the year,if the sum less than Rs.1500 falls to the 0-03 shares of the partners of the seventh and eighth parts,the amount falling short has to be debited towards the head of expenditure and Rs.1500 (fifteen hundred only) have to be paid in full to each of them two,and in those circumstances or if there be loss,the parties of the seventh or eighth parts have not been held liable therefore; and in the year or' losses,it has been decided to pay Rs.1500 (fifteen hundred only) to each of them,after debiting the same towards the head of expenditure and in the year of losses nothing has to be carried to the 'Reserve Fund' and the loss has to be borne by us to parties first to sixth parts in the following proportion: 8.Clause 8 empowered the operating of the bank accounts by partners other than the appellant and his father
Semantic role: Ratio of the decision
The relevant portion of the partnership deed reads as follows: "To wit,the parties of the first to sixth parts out of us,deceased Khristi Girdharbhai Chimanlal and Shah Virchand Keshavji had jointly started the business of manufacturing and selling Neon Signs Tubes,in partnership in Ahmedabad from 4.10.1960,in the name and style of Bharat Neon Signs
Semantic role: Ratio of the decision
However,on account of the death of Khristi Girdharbhai Chimanlal on 1.2.61 and other reasons,the said partnership was dissolved from 8.9.61.Thereafter,we the parties from the first to seventh part have,after purchasing at its cost price,all the debts and dues,goods,stock etc.,together with goodwill of the dissolved partnership,started manufacturing and selling of Neon Signs Tubes in partnership from 9.9.61.We,the parties of all the seven parts execute the deed of the said partnership to-day
Semantic role: Ratio of the decision
Chandrakant M.Patel & Ors.,[1974] 3 SCR 267 1974 Indlaw SC 282 the question involved was whether there was reasonable and bona fide requirement of premises for personal use and occupation as also the question of greater hardship under the Bombay Rent Act and the ambit and scope of the power of Section 29(3) of the said Act with which we are concerned came up for consideration
Semantic role: Precedent