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ANALYSIS OF THE STATUTORY
Statute
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Therefore there is no substance in the functus officio argument
Ratio of the decision
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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
Statute
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The respondent responded immediately vide their letter dated 5th November,1998,agreeing in principle that revised charter hire rates,as and when finalized in response to tender floated by the IOC on 1st September,1998,would be applicable to the vessels which are selected under the tender,retrospectively from 1st September,1998.It was pointed out that the vessels which are not chartered under the tender floated would be at a disadvantage
Facts
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registration in his name on the basis that it was Government land
Ratio of the decision
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The knife did not contain any bloodstain
Ratio of the decision
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State of U.P.and Others [(2006) 6 SCC 430 2006 Indlaw SC 801],it was stated: "A discretionary power as is well known cannot be exercised in an arbitrary manner
Precedent
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Besides the direction of the learned Judge to the effect: "The collector,24 Paraganas,is directed to allow Messers Ghose and Saha Surveyors to make proper demarcation in the Nalban Fishery dividing the same in two lots
Ratio of the decision
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Sunanda S.Oberoi started the proprietary business of advertising agency in the name and style of Art Commercial and the 2nd respondent used to work in various capacities for the said firm
Argument
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However, PW-1 again intervened and removed the said stone from the hand of Accused No.3
Facts
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After remand,the Sub Divisional Officer,conducted inquiry and again passed an order on 29.10.1987 and confirmed the earlier order
Facts
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The aggregate amount of Rs.76.50 lakhs which was paid to the respondents for 60 episodes is not the amount for cost of production but the fixed price for sponsoring the said serial in order to link up their advertisement with the serial and avail substantial benefit of concessional rate under the scheme envisaged by Doordarshan
Ratio of the decision
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We must, however, notice that reliance was sought to be placed on the said judgment wherein reference was made to a Bombay High Court judgment in Hitesh Shantilal Mehta v. Union of India
Precedent
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The trial court also noticed that in respect of both the advertisements and also in respect of suit serial the petitioners paid to the respondent Nos.5 and 6 amount which was to be the maximum amount
Facts
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The evidence on record does not indicate that the police had any reason to favour the accused and deliberately omitted to mention about the alleged demand of money while recording the statement of PW.5 Sumanbai under Section 161 Cr
Ratio of the decision
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This can be achieved by having a contented labour force on the one hand, and on the other hand an investing public who would be attracted to the industry by a steady and progressive return on capital which the, industry may be able to offer
Ruling by Lower Court
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No order of the Tahsildar,Tribunal or Collector or of the Board of Revenue or Government made under this Act,shall be questioned in any Civil or Criminal Court
Statute
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i) the State Government concerned ; (ii) the affiliating University/State Board of Technical Education; (iii) Bureaus MPCD; (iv) Bureau BOS; (v) Bureau RA; (vi) the Regional Office
Statute
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In that view of the matter we are unable to accept the challenge to the award
Ratio of the decision
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The term "DPC" would ordinarily mean the Departmental Promotion Committee
Ratio of the decision
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This vicarious and altruistic exhibition of good intention may even cause damage to the land of an owner who may not want improvements of such a kind as tree plantation
Ratio of the decision
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The State of West Bengal was neither a party to the proceedings nor was noticed by the High Court before passing the order
Ratio of the decision
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This aspect of cl
Precedent
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Quantum of sentence
Ratio of the decision
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It is true that the maxim of the English law "quicquid plantatur solo, solo cedit" i.e. whatever is affixed to the soil belongs to the soil, is
Ratio of the decision
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8 excluded the application of the principles of natural justice
Precedent
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As the correctness of factual basis justifying withdrawal is in issue, fair play certainly warranted grant of opportunity to the appellants to present its side of the picture
Ratio of the decision
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Mr
Argument
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Amendment) Act,1999 against Orders passed by the Controller in "pre-grant opposition" proceedings
Ratio of the decision
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See Parbhani Transport Co-operative Society Ltd. v. Regional Transport Authority, Aurangabad and Others, AIR (1960
Ratio of the decision
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contending that the claim made by the respondent was untenable as normally a worker works only for six days in a week and the maternity benefit had to be computed only for 72 days
Facts
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Prima facie,therefore,appellant has been held to be the registered owner of the trade mark
Ratio of the decision
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The customary payments in connection with birth of a child or other ceremonies are not covered within the ambit of the word "dowry
Precedent
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In case affiliation is granted,the fact shall be reported to the Senate at its next meet-ing
Statute
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However, nexus between several persons in dealing with the matter may be established by the Custodian
Ratio of the decision
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He has deposed that in the marriage he had given Rs. 20,000 as dowry
Facts
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Sudhir Chandra
Ratio of the decision
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Now,if,without any flat or ad hoc increase of salary,the workmen were to be fitted into the revised scales of pay,it would obviously result in serious anomalous situations
Ratio of the decision
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It is intended to operate in the future
Ratio of the decision
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It will be for the petitioner to have the said matter disposed of by the High Court of Delhi
Ratio of the decision
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37 of Sch
Ratio of the decision
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P.C
Facts
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Ltd.,Ghaziabad,and M/s
Facts
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The courts have also taken the view that where the husband had demanded a specific sum from his father-in-law and upon not being given,harassed and tortured the wife and after some days she died,such cases would clearly fall within the definition of "dowry" under the Act
Ratio of the decision
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The question which arose herein was not raised
Precedent
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In his cross- examination he has admitted that when he had gone to village Palshi to talk with the appellants regarding the ill-treatment being meted out to Bhimabai, there was no talk regarding monetary giving and taking
Facts
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With knife throat and wrist are the favourite sites
Ratio of the decision
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A demand which was not raised at the time of raising the dispute could not have been gone into by the Labour Court being not the subject-matter thereof
Ratio of the decision
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The prosecution be established by reference to s. 34 of the Indian Evidence Act which reads thus
Ratio of the decision
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226 of the Constitution or under Art
Ratio of the decision
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S.36 of the said Act deals with the recovery of possession by protected tenant
Statute
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In Rameshchandra Kachardas Porwal v. State of Maharashtra, [1981] 2 SCC 722 1981 Indlaw SC 423 it was observed that legislative activity did not invite natural justice and that making of a declaration that a certain place shall be a principal market yard for a market area under the relevant Agricultural Produce Markets Acts was an act legislative in character
Precedent
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The investigating officer was examined as PW-3.The accused examined a witness Ex-Sarpanch of the village as DW-1 and he stated that there was a quarrel between the accused and complainant's son Surinder about a water course and subsequently he came to know that the quarrel was converted into a false case against the accused by registering a false allegation that the accused had outraged the modesty of a woman
Facts
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RPC 333),Philosophy Di Alberta Ferretti (2003 R.P.C.15
Argument
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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
Ratio of the decision
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In view of our aforesaid conclusions,the impugned directions of the learned Single Judge as well as of the Division Bench are set aside and these appeals are allowed
Ruling by Present Court
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Petition No. 41 of 1999
Facts
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Ishwarlal Bhagwandas [AIR 1965 SC 1818 1965 Indlaw SC 158],Ramesh v
Precedent
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We concur with the above statement
Ratio of the decision
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The contention is that therefore in arriving at the next income the deduction of income-tax is not permissible
Argument
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Both the sets of facts are relevant, that is, non-receipt of the amounts by the firms and non-existence of entries in their account books pertaining to those amounts
Statute
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Lastly,Mr
Argument
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The factum of a cognizable crime having been committed is known but neither the identity of the accused is disclosed nor is there any indication available of the witnesses who would be able to furnish useful and relevant evidence
Ratio of the decision
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2) of S. 3 to the Central Government or any State Government or any local authority; (b) all amounts due from the person so notified by the Custodian to any bank or financial institution or mutual fund; and (c) any other liability as may be specified by the Special Court from time to time
Statute
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Now coming to the facts of the present case,the mutation Entry No.1836 was in fact certified
Ruling by Lower Court
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and she was married to appellant no. 1
Facts
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c
Facts
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The word 'author' is defined in Section 2(d) to mean,(i) in relation to a literary or dramatic work,the author of the work; (ii) in relation to a musical work,the composer; (iii) in relation to an artistic work other than a photograph,the artist; (iv) in relation to a photograph,the person taking the photograph; (v) in relation to a cinematograph film or sound recording,the producer; and (vi) in relation to any literary,dramatic,musical or artistic work which is computer-generated,the person who causes the work to be created
Statute
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The whole question has again been examined by this Court recently in Birichh Bhuian v. The State of Bihar Subba Rao J., who delivered the judgment of the Court has stated the position thus "Even if we were to assume that there has been a misjoinder of charges in violation of the provisions of ss
Ruling by Lower Court
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As the Appellants have been represented in all the proceedings jointly, only one of them would be nominated by them to have the inspection thereof
Ratio of the decision
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The learned judge however dismissed the suit of the idol in regard to the premises
Ruling by Lower Court
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The learned Judge of the Designated Court acquitted A-2,A-3,A-4,A-6,A-7 and A-12 of the offences charged against them,apparently influenced by the lack of identification of these accused persons by the prosecution witnesses at the identification parade conducted by the Executive Magistrate
Facts
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The person who had signed the receipt is Sukhchain Lal Jain and he was examined as P.W. 11
Ratio of the decision
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In sub-section (1),references to the author shall,in the case of an anonymous work of joint authorship,be construed
Statute
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However,in the special features of the case,although we do not agree with the High Court on the first question raised,we feel,after clarifying the legal position,that we should not disturb the decision given by the High Court
Ratio of the decision
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In Ramdev Food Products Pvt
Precedent
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i) to be proprietary was not tantamount to the establishment by the respondent of his rights to mines and mineral products in the villages of his Jagir for which there must be an actual grant or contract or law or custom or usage recognising such rights and this could only be determined by the Collector by holding an inquiry under s.37(2) of the Bombay Land Revenue Code,and,therefore the High Court was clearly in error in coming to the conclusion that the inquiry initiated by the second appellant under s.37(2) of the Bombay Land Revenue Code,was incompetent or without jurisdiction
Argument
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It is,therefore,not possible to accept the contention of learned counsel for the respondents that a determination under s.2 (4) (i) of the Act to the effect that a particular Jagir is a proprietary one necessarily implies that the grantee is entitled to mines and mineral products in the villages comprised in the grant,especially ,when having regard to the definition given in s.2(xviii) a Jagir could be proprietary without a right to mines and mineral products
Ratio of the decision
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b) no course or programme shall be introduced in any technical institutions,university or deemed university or university departments or college; or (c) no technical institutions,Universities or deemed Universities or University Departments or colleges shall continue to admit students for degree or diploma courses or programmes
Statute
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The Government case is that the district jail is located in a densely populated area of the city and is overcrowded,housing as many as 1869 prisoners,while having a capacity of only 511
Facts
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During the year 1948 the appellant made a profit of Rs
Facts
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Before dealing with this aspect,, we will first consider the question whether trees are included within the meaning of s. 9, so as to entitle the appellant to a notice of forfeiture there under
Statute
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M/s
Ratio of the decision
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Under the Agreement there was a recital under which it was stated that M/s
Facts
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A contention is also sought to be made that it is not possible to run a canteen in the refinery area
Argument
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We make it clear that the decision of ours would be confined to the judgments of the courts which are in the public domain as by virtue of Section 52 of the Act there is no copyright in the original text of the judgments
Precedent
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Those who are most vitally affected are the consumer public
Ratio of the decision
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So,the only question which arises for consideration is whether the said cultivation of the land in dispute by the father of the respondents 3 and 4 during the years 1968 to 1974 can be presumed to be that of a tenant under the provisions of S.4 of the Karnataka Land Reforms Act
Facts
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It must be a mistake or error amenable to clerical correction only
Ratio of the decision
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regards the second contention, viz., the adverse possession of Nagendra, it is to be noted that under the terms of cl. 3 of the will of Dwarka Nath the representatives, successors and heirs of his two sons Rajendra and Jogendra were successively to perform the seva in the manner therein mentioned and Nagendra was one of the heirs and legal representatives Of Rajendra
Ratio of the decision
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The contention of Mr
Ratio of the decision
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We are,therefore,of the opinion that though performance of the Charter Party agreement dated 6th May,1997 may have come to an end on 31st August,1998
Ruling by Present Court
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The respondents were not liable to render accounts to the petitioners who paid them a fixed sum for sponsoring the programme
Ratio of the decision
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This defendant submits that after due notice an order of forfeiture has been passed in Poramboke Case 112 of 11 00 and the plaintiff is therefore not entitled to claim any value of improvements or value of any building
Ratio of the decision
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4.A person lawfully cultivating any land belonging to another person shall be deemed to be a tenant if such land is not cultivated personally by the owner and if such person is not - (a) A member of the owner's family,or (b) A servant on wages payable in cash or kind but not in crop share or a hired labourer cultivating the land under the personal supervision of the owner or any member of the owner's family,or (c
Statute
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Thus,the contesting respondent has come to the High Court with unclean hands and withholds a vital document in order to gain advantage on the other side
Ratio of the decision
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In New India Sugar Works v. State of Uttar Pradesh, [1981] 2 SCC 293 1981 Indlaw SC 217 there was an indication though it was not expressly so stated that the question of observing natural justice did not arise in cases of price fixation
Precedent
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The argument which was strenuously advanced on behalf of the appellant -plaintiff was that in a suit for redemption filed by the mortgagor in a Civil Court in respect of property notwithstanding the plea of the defendants' claim that they were tenants of that property under the BT & AL Act and under the provisions of that Act the issue of tenancy had to be referred by the Civil Court to the Mamlatdar for recording a finding thereon and the Civil Court can proceed to dispose 0
Argument
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There is cogent and reliable evidence on record to prove and establish that the accused has committed the act of stabbing as a result of which the deceased had died
Ratio of the decision
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Learned counsel for the appellant submitted that the High Court failed to notice that the circumstances highlighted clearly establish the chain of circumstances which established the prosecution version and the High Court was not justified in directing acquittal
Facts
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