Fawazzx/semantic huggingface dataset:
This Court's observations in G. B. Mahajan v. Jalgaon Municipal Council, AIR (1991) SC 1153 1990 Indlaw SC 438 are kept out of lush field of administrative policy except where policy is inconsistent with the express or implied provision of a statute which creates the power to which the policy relates or where a decision made in purported exercise of power is such that a repository of the power acting reasonably and in good faith could not have made it
Semantic role: Ratio of the decision
In determining whether there is any unfairness involved the nature of the right alleged to have taken infringed, the underlying purpose of the restriction imposed, the extent and urgency of the evil sought to be remedied thereby, the disproportion of the imposition, the prevailing condition at the relevant time enter into judicial verdict, the reasonableness of the legitimate expectation has to be determined with respect to the circumstances relating to the trade or business in question
Semantic role: Ratio of the decision
Though the appellants were not entitled to any opportunity of hearing before alteration of the benefits flowing from the notifications or withdrawal of any benefit, yet when the State has not taken any specific stand justifying the withdrawal and the High Court referred to the files to put its seal of proof, notwithstanding non-requirement for granting any opportunity before the withdrawal, principles of natural justice certainly were applicable, since the High Court with reference to the files recorded findings on the basis thereof
Semantic role: Ratio of the decision
As regard the application of the Madhya Pradesh Industrial Employment (Standing Orders) Act, 1961 (for short, 'the 1961 Act') and the Rules framed there under known as 'M.P. Industrial Employment (Standing Order) Rules, 1963 (for short, 'the 1963 Rules'), it was observed that although there was no specific pleadings raised in this behalf by the Respondents therein nor any question having been referred to the Labour Court by the State Government touching the said issue, it committed an error in granting relief to them on the basis thereof on its own motion
Semantic role: Ruling by Lower Court
Dr. Rajiv Dhawan, learned Senior Counsel, appearing on behalf of the Appellants in Civil Appeal No.337 of 2002 and Mr. M.N. Rao, learned Senior Counsel, appearing on behalf of the Appellants in Civil Appeal No.335 of 2002, took us through materials on records and contended that the Appellants herein became 'permanent employees' of the Respondents having regard to the provisions contained in S. 2 of the 1961 Act and Order 2(i) and 2(vi) of the Standard Standing Orders as set out in the Annexure appended to the 1963 Rules defining 'permanent employees' and the 'temporary employees
Semantic role: Argument
It is also not in dispute that the Respondent- Authority has been constituted under Madhya Pradesh Nagar Tatha Gram Nibesh Adhiniyam, 1973 (Adhiniyam); S. 47 whereof mandates that all appointments to the posts of officers and servants included in the State cadre mentioned in Section 76-B of the Development Authority Services must be made by the State Government and the appointments to the posts of officers and servants included in the local cadre in the said services by the concerned Town and Country Development Authority
Semantic role: Ratio of the decision
2004 Indlaw SC 829, this Court observed : "In such a factual background, in our opinion, the Industrial Court or the High Court could not have drawn an adverse inference for the non-production of the Muster Rolls for the year 1990 to 1992 in the absence of specific pleading by the respondents-applicants that at least during that period they had worked for 240 days continuously in a given year
Semantic role: Precedent
Jain Industries got the trade mark 'Field Marshal' registered under clause (7),inter alia,for Flour Mills,Centrifugal Pumps,couplings for machines,pulleys included in class 7 and valves (parts of machines).The said registration was renewed for the periods 13.5.1972 and 12.5.1979; 13.5.1979 and 12.7.1986 and 13.7.1986 and 12.7.1993.Appellant is said to have commenced its business of manufacturing and selling centrifugal pumps also under the mark 'Field Marshall
Semantic role: Facts
The cause of action therefor was stated to have arisen in the following circumstances : "That the cause of action for the present petition arose in favour of the petitioner and against the respondents in the month of January 1987 when the respondent informed this Hon'ble Court that they have been recorded as subsequent proprietors of the impugned registered trade mark No.228867 in Class 7 in C.O.No.9 of 1986,whereupon the petitioner withdrew the said earlier petition C.O.No.9 of 1986 with permission of the court to file the present petition,because of the changed circumstances
Semantic role: Facts
By an order dated 19.1.1988,having regard to the provisions contained in the said Act,the learned Judge opined that appellant having become the registered proprietor of the said trade mark,no case for grant of injunction has been made out,the interim order of injunction passed on 19.12.1985 was vacated and the defendants were permitted to use their registered trade mark subject to the following conditions : "(a) Defendants will not use the logo/style of the word "Field Marshal" of which logo and style the plaintiff is the proprietor under the Copyright Act
Semantic role: Facts
Before adverting thereto,we may take notice of the relevant statutory provisions : Ss.46(1)(b),48(1),48(2) and 56 read as under: "Section 46--Removal from register and imposition of limitations on ground of non-use--(1) Subject to the provisions of section 47,a registered trade mark may be taken off the register in respect of any of the goods in respect of which it is registered on application made in the prescribed manner to a High Court or to the Registrar by any person aggrieved on the ground either-- (a
Semantic role: Statute
b) that up to a date one month before the date of the application,a continuous period of five years or longer had elapsed during which the trade mark was registered and during which there was no bona fide use thereof in relation to those goods by any proprietor thereof for the time being: Provided that,except where the applicant has been permitted under sub-s.(3) of s.12 to register an identical or nearly resembling trade mark in respect of the goods in question or where the tribunal is of opinion that he might properly be permitted so to register such a trade mark,the tribunal may refuse an application u/cl.(a) or cl.(b) in relation to any goods,if it is shown that there has been,before the relevent date or during the relevant period,as the case may be,bona fide use of the trade mark by any proprietor thereof for the time being in relation to goods of the same description,being goods in respect of which the trade mark is registered
Semantic role: Statute
Section 48--Registered users--(1) Subject to the provisions of section 49,a person other than the registered proprietor of a trade mark may be registered as the registered user thereof in respect of any or all of the goods in respect of which the trademark is registered otherwise than as a defensive trade mark; but the Central Government may,by rules made in this behalf,provide that no application for registration as such shall be enertained unless the agreement between the parties complies with the conditions laid down in the rules for preventing trafficking in trade marks
Semantic role: Statute
Any person aggrieved by the absence or omission from the register of any entry,or by any entry made in the register without sufficient cause,or by any entry wrongly remaining on the register,or by any error of defect in any entry in the ' register,may apply in the prescribed manner to a High Court or to the Registrar,and the tribunal may make such order for making,expunging or varying the entry as it may think fit
Semantic role: Statute
The Board has taken the view that the period of five years and one month will begin to run from the date on which Thukral became the proprietor of the trademark,that is,30th May,1986 and,therefore,the rectification application could have been filed by the appellant only sometime in 1991.Opining that an application for rectification against the appellant within a period of seven and a half months from the date of assignment of the trade mark was not maintainable,the application was dismissed
Semantic role: Facts
The trademark was used by the Appellant and Thukral,neither of whom were proprietors thereof,except that Thukral claims to have become its proprietor with effect from 30th May,1986.According to learned counsel for the Appellant,the use of the trademark by Thukral was not legally permissible use inasmuch as Thukral did not have the consent,tacit or otherwise of M/s
Semantic role: Facts
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
Semantic role: Precedent
V.Addisons Paint & Chemicals Ltd.[(2003) 11 SCC 92 2003 Indlaw SC 756]: "In our opinion,the phrase "person aggrieved" for the purposes of removal on the ground of non-use under S.46 has a different connotation from the phrase used in s.56 for canceling or expunging or varying an entry wrongly made or remaining in the Register
Semantic role: Precedent
This amendment is intended to remove any ambiguity,as for all other purposes,the date of registration will be the date on which the application was filed vide cl.23(2).Proviso to sub-cl.(1) also provides that the tribunal may refuse removal of the mark if it is shown that any proprietor had in fact made bona fide use of the trademark for goods or services of the same description or associated goods or services
Semantic role: Ratio of the decision
We are not satisfied with the explanation offered by the first respondent that it gave up the case of non-use of the registered trade mark against M/s Jain Industries on the basis of statement made by the learned counsel for the appellant; firstly because consent does not confer jurisdiction; secondly,because want and/or lack of jurisdiction on the part of the Tribunal cannot be waived as if any order is passed without jurisdiction,the same would be a nullity; and thirdly because the cause of action,even according to the first respondent in his application before the High Court,was different
Semantic role: Ratio of the decision
If that be so,any registered proprietor could easily defeat an application for rectification by assigning the mark to some other person to have a fresh period of 5 years from the date of assignment and thus effectively frustrate the very object of the provision in s.47(1)(a) and (b).Further,it is to be noted that an assignment is subject to "the provisions of the Act and any rights vested in any other person" -See
Semantic role: Ratio of the decision
On behalf of the respondents,it is contended that the appellant had been managing the canteen up to the year 1982 and thereafter introduced the contract system for maintaining the canteen so established; that though the management of the canteen had been entrusted to the contractors from time to time,the personnel employed in the canteen were retained by all the contractors and they have been paid salaries through contractors; that the workmen employed in the canteen have been provided with ESI benefits under the Code No.VST,the appellant,and benefits arising under the Employees Provident Funds Act are also provided similarly; that the appellant has also provided a building along with furniture,utensils,cutlery,gas,electricity,water supply and other facilities; that the contractor is engaged only to prepare the food and serve it to the employees and that the quality of the food and the rates are controlled by the management of the appellant
Semantic role: Argument
Commissioner of Labour,1981 [II ] LLJ 54 1981 Indlaw AP 26,in which it was held that establishment of a canteen and its maintenance is a statutory requirement; under Section 46 of the Act a public duty is imposed on the company to establish and maintain the canteen; inasmuch as members of the respondent-union are working in the canteen they are entitled to seek a mandamus
Semantic role: Facts
In De Smith,Woolf and Jowells Judicial Review of Administrative Action,5th Edn.,it is noticed that not all the Activities of the private bodies are subject to private law,e.g.,the Activities by private bodies may be governed by the standards of public law when its decisions are subject to duties conferred by statute or when,by virtue of the function it is performing or possibly its dominant position in the market,it is under an implied duty to act in the public interest
Semantic role: Ratio of the decision
In the present case,the findings recorded by the learned Single Judge on examination of the facts available is that there had been a canteen within the premises of the appellant up to the year 1982 and it is only from 1982 onwards the management of the canteen has been entrusted to a private contractor; that even after change of the contractor,the canteen workers have continued to be the same irrespective of the change in the contractors from time to time; that wages were paid to the workmen in the canteen by the management through the contractor; that the appellant has provided the accommodation,furniture,fuel,electricity,utensils,etc
Semantic role: Ratio of the decision
The contesting respondents contended that the workmen in the canteen had been working right from its inception,that is,since 1967; that from 1976 onwards,after expiry of the contract with the Industrial Catering Services,they had been directly working with the appellant without any contractor; that they sought for regularization of their services by letter dated 28 February 1978; that the said letter was corrected and redrafted by the Personnel Manager to indicate the idea of floating an Association/Society to run the canteen; that this modified request contained in Ex.W-49 was stated to be contradictory to the stand taken by the workmen all through
Semantic role: Argument
The Tribunal recorded the findings that the canteen had been working for the benefit of the workmen within the premises provided by and with the equipment supplied by the appellant; that the appellant supplies the provisions for the preparation of foodstuffs; that the appellant issues token to the employees,who on production of the same obtain foodstuffs from the canteen; that the Committee appointed by the appellant decides the menu and as per the directions and supervision of the Catering Officer,the canteen functions; that the quality and quantity of the foodstuffs is supervised by him,who functions under the Committee
Semantic role: Facts
The contributions like ESI,Provident Fund,etc.had also been categorically specified to be provided by the appellant and ESI code for the permanent establishment and for the present workmen was the same; that after the evidence was tendered by the workmen the appellant got the code changed and the appellant transferred the workmen from one place to another and that the amount to be surrendered by way of unpaid salaries had to be remitted back to the management
Semantic role: Facts
Chapter IV of the Andhra Pradesh Act deals with protected tenants and s.34 of the said Act provides who is to be considered as a protected tenant and uses the expression that a person shall,subject to the provisions of sub-ss.(2) and (3),be deemed to be a protected tenant in respect of the land if he has fulfilled the conditions mentioned in clauses (a) and (b) of sub-s.(1) of S.34 of the said Act
Semantic role: Statute
S.35 of the said Act deals with decision on claims and stipulates by sub-s.(1) of S.35 of the said Act that if any question arises whether any person,and if so what person,is deemed under S.34 to be a protected tenant in respect of any land,the landholder,or any person claiming to be so deemed,may,within one year from the commencement of the Act apply in the prescribed form to the Tahsildar for the decision of the question and the Tahsildar shall after enquiring into the claim or claims in the manner prescribed,declare what person is entitled to be deemed to be protected tenant or as the case may be,that no person is so entitled
Semantic role: Statute
Sub-s.(2) of S.35 stipulates that a declaration by the Tahsildar that the person is deemed to be a protected tenant or,in the event of an appeal from the Tahsildar's decision such declaration by the Collector on first appeal or by the Board of Revenue on second appeal,shall be conclusive that such person is a protected tenant and his rights as such shall be recorded in the Record of Right of where there is no Record of Rights in such village record as may be prescribed
Semantic role: Statute
In the appeal of Abdul Khader the proceedings of Revenue Divisional Officer while questioning entry of the name of Abdul Khader in the Register is a genuine one or net and while it is stated that it was entered in the Register in such suspicious way by giving Serial No.1/A between Serial Nos.1 and 2 of Register being Exhibit A.106 and Exhibit A.107,it ultimately held that Abdul Khader was a protected tenant under section 37A of the Andhra Pradesh Act
Semantic role: Facts
The learned Judge observed,inter alia,as follows: "I am told by the counsel for both the parties that the lands in question were already acquired for military purpose under the Requisition and Acquisition of Immovable property Act,1952 and that Sri M.S.Sharma,the Additional Chief Judge,City Civil Court,Hyderabad has already been appointed as Arbitrator under the Act for determining the compensation and the persons entitled to it
Semantic role: Ruling by Lower Court
the appellant filed the objection reserving the right of raising the jurisdiction of the Arbitrator to go into the question whether Abdul Khader was a protected tenant in the light of the Act 21 of 1950.Three civil appeals were filed before this Court against the order of the High Court on 15th May,1985.This Court passed the order,on 19th August,1985.The said order is important and reads as follows:- "Special leave are granted
Semantic role: Facts
In the judgment under appeal which is directed against the award made by the arbitrator formulated the following four issues--(1) what is the value of the land; (2) who are entitled to the compensation amount; (3) whether Abdul Khader is a protected tenant of Sail Gulshan of the area 19-02 guntas excluding the land of buildings,wells,etc.and (4) what share is to be apportioned to successors of Sail Nawaz Jung
Semantic role: Facts
Section 37A was enacted on 12th of March,1956.The High Court was,however,of the view that it cannot be said that it was for the revenue authorities alone to decide the issue because the arbitrator was ordered to decide the issue by the High Court on 19th August,1974 and by this Court on 30th of January,1975.The High Court also referred to the directions of this Court dated 19th August,1985 mentioned hereinbefore
Semantic role: Facts
a) that Abdul Khader because he was a tenant between January,1942 to January,1948 for six years,therefore,was a protected tenant under sub-cl.(ii) of cl.(1) of s.34 of the Andhra Pradesh Act; (b) that Abdul Khader held the land from October,1943 to October,1949,therefore,was a protected tenant of Sail Gulshan under sub-cl.(iii) of cl.(1) of s.34 of Act 21 of 1950.In these circumstances,the High Court held that Adbul Khader was entitled to 60% of the compensation paid
Semantic role: Ruling by Lower Court
He had sought to establish his rights which must be found within the four corners of the Andhra Pradesh Act along with other documents because u/s.40(4) of the Andhra Pradesh Act the interest of a protected tenant in the land held by him as a protected tenant formed 60%.The rights of the protected tenants have been defined in the Andhra Pradesh Act and relevant provisions of that Act namely,sections 34,37,37A and 40 in conjunction with the definition under s.2(r) have to be taken into consideration in the background of the facts and circumstances of the case
Semantic role: Argument
For this reliance was placed on S.102 of the Andhra Pradesh Act which lays down that the Act will not apply to lands leased,granted,alienated or acquired in favour of or by the Central Government or the State Government etc.and on -S.99 of the Act which bars the jurisdiction of civil courts to deal with any question which is under the Andhra Pradesh Act required to be settled,to be decided or dealt with by the Tahsildar,Tribunal or Collector
Semantic role: Argument
On the 19th July, 1948, the family idol of Dwarka Nath, Sree Sree Iswar Sridhar Jew, by its next friend Debabrata Ghosh, the son of Nagendra, filed the suit, out of which the present appeal arises, against the appellants as, also against Susilabala and the two sons of Jogendra by her, amongst others, for a declaration that the premises Nos
Semantic role: Facts
of the said Sri Sri Issur Sridhar Jew Salagram Sila Thakur and on the death of my said two sons their representatives, successors and heirs shall successively perform the sheba in the aforesaid manner and the executors appointed by this will of mine having got the said two properties registered in the Calcutta Municipality in the name of the said Sri Sri Issur Sridhar Jew Thakur shall pay the municipal taxes, etc
Semantic role: Ratio of the decision
The question whether the idol itself shall be considered the true beneficiary, subject to a charge in favour of the heirs or specified relatives of the testator for their upkeep, or that, on the other hand, these heirs shall be considered the true beneficiaries of the property, subject to a charge for the upkeep, worship and expenses of the idol, is a question which can only be settled by a conspectus of the entire provisions of the will": Pande Har Narayan v. Surja Kunwari, [1921] L. R. 48 I. A. 143, 145, 146 1921 Indlaw PC 56
Semantic role: Precedent
In that case it is provided that the shebait for the time being shall be entitled to reside with his family in the said dwelling-house, but the dwelling-house itself is the place specially set apart for the family idols to which specific reference is made in the will, and in their Lordships' opinion the gift is only a perfectly reasonable arrangement to secure that the man in whose hands the supervision of the whole estate is vested should have associated with his duties the right to reside in this named dwelling place
Semantic role: Precedent
Challenge in this appeal is to the order of a Division Bench of Madras High Court allowing the appeal filed by the respondent (hereinafter referred to as the 'accused').The accused was convicted for offence punishable under Section 302 of the Indian Penal Code,1860 (in short the 'IPC') and sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/-with default stipulation by Principal District Judge,Madurai
Semantic role: Facts
The First Information Report was lodged by P.W.1 on 24-4-2003 at about 9.30 A.M.It was indicated in the First Information Report that on 24.4.2003 at 9.00 A.M.,while the informant had gone to perform pooja in the first floor of the house,he got foul smell in the last room of the first floor and found blood seeping through the front door
Semantic role: Facts
Initially,P.W.40 suspected the role of P.W.1,his wife P.W.2,P.W.3,from whose house certain incriminating material were recovered allegedly on the basis of statement of the accused as well as P.W.4,who was working as a cleaner in the vehicle of P.W.1.Subsequently,however,P.W.42,who took over investigation from P.W.40 filed charge-sheet only against the present appellant on the footing that P.Ws.1 to 4 had no role to play in the crime
Semantic role: Facts