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Placing reliance upon the judgment of this Court in Hari Singh vs. Sukhbir Singh & Ors (1988) 4 SCC 551 1988 Indlaw SC 27., learned counsel for the appellants additionally submitted that in terms of S. 357 (3) Cr
Argument
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The question as regard intermingling of accounts by the Appellants, herein with that of the Harshad Mehta Group and/ or any other or further contentions raised by the parties hereto before us shall receive due consideration of the learned Judge, Special Court afresh in the light of the observations made hereinbefore
Ratio of the decision
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In the light of the directions issued herein, it would be for the purchasers of the said flats to wait till a final decision is made or take back the amount deposited by them, subject to any other or further order (s) that may be passed by the learned Special Judge
Ratio of the decision
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The court has to see whether the act, irrespective of its result, was done with the intention or knowledge and under circumstances mentioned in the section
Precedent
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attempted to give a definition in the following terms : "social justice connotes the balance of adjustments of the various interests concerned in the social and economic structure of the State, in order to promote harmony upon an ethical and economic basis" and he stated that there were three parties concerned here, viz
Argument
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The Appellants were aware of the said fact and, thus, raised an alternative plea in their statements of claims
Ratio of the decision
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For the sake of convenience the accused shall be referred to hereinafter by the number assigned to them in the Trial Court judgment as accused i.e.(A-5,A-8,A-10 etc
Facts
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Lease-hold held by a tenant or a lessee being a lesser estate and the right of reversion of the landlord (lessor) being a higher estate,the lessee's lease-hold right in respect of the property merges in reversion when that right of reversion,i.e.,the landlord's (lessor's) right of reversion comes to the tenant or lessee which happens when the landlord having a right to sell his reversion to the tenant holding the lease-hold sells the whole of it to the tenant (lessee).But,in view of the arguments advanced on behalf of the plaintiff-appellant,what has to be seen is if the landlord of a property,the lease-hold of which is already with the tenant,gives that very property as mortgage security to the tenant (lessee) by executing a mortgage by a conditional sale for the amount borrowed by him from the latter,does merger of lease-hold right in that mortgage security occur
Ratio of the decision
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It is generally in relation to a particular commodity or class of commodities or transactions
Ratio of the decision
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In those circumstances,the Tribunal passed an award that these workmen should be treated as employees of the appellant and they are entitled to payment of appropriate scales and designations in terms of Ex.W12 and W14 from 1 April 1979 with all consequential and attendant benefits of arrears of pay,etc.together with counting of entire service for the purpose of terminal benefits
Facts
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Having regard to the role attributed to him and the absence of incriminating factors we find that it is not safe to convict Mahesh of the offence of murder with the aid of Ss.34 and 120(B
Ratio of the decision
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Accordingly to the learned counsel, the very delay in the disposal of review applications was sufficient to vitiate the entire proceeding and scheme of price fixation
Ratio of the decision
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If the orders of assessment have been set aside the liabilities of the Appellants have to be worked out on the basis of the new orders of assessment
Ratio of the decision
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In the case of Hardie Trading Ltd 2003 Indlaw SC 756.1,this Court approved the test applied by Romer,J.in The Royal Baking Powder Company v
Ratio of the decision
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Prosecution has led no evidence nor brought any circumstances on the record from which any inference may be drawn that the appellants intended to strike terror amongst the "Wadar Community".It was not proper for the Designated Court to draw an inference of intention from the mere consequence,i.e.,the victims belonging to the particular community
Ratio of the decision
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Provided that no such appeal shall lie against an interlocutory order or against an order passed in exercise of supervisory jurisdiction u/art.227 of the Constitution of India
Statute
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Bhimasankaram, appearing for the two respondents, however, has not sought to support the judgment of the High Court on all these points
Ruling by Lower Court
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The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on production of such proof as may be prescribed that the woman is pregnant,and the amount due for the subsequent period shall be paid by the employer to.the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child
Statute
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There the learned judge relying on section 29(2) of the said Act held that the revisional power with which the High Court was vested under section 29(2) was not merely in the nature of jurisdictional control
Precedent
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of the said premises
Ratio of the decision
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The cases to which we shall now refer, will perhaps elucidate what we have tried, unfelicitously, to express
Ratio of the decision
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In the present case,since the father of the respondents 3 and 4,is the uncle of the respondent No.5,it cannot be said that he is not a member of the family of the respondent No.5
Facts
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307 IPC is confirmed and the sentence of imprisonment of five years is reduced to the period already undergone and additionally the second accused shall pay a compensation of Rs.7,50,000/- to the injured witness-Sukhbir
Ruling by Present Court
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We do not propose to give our reasons to the extent we are in agreement with Pathak,J.and we propose to state our reasons for the disagreement only
Ruling by Present Court
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The question, so far as the intention is concerned, is not whether he intended to kill, or to inflict an injury of a particular degree of seriousness, but whether he intended to inflict the injury in question; and once the existence of the injury is proved the intention to cause it will be presumed unless the evidence or the circumstances warrant an opposite conclusion
Precedent
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Sunderam,learned senior counsel appearing on behalf of the appellant,that the word 'proprietor' would not mean a registered proprietor but also a person who has become 'proprietor' by long use thereof
Ratio of the decision
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We do not consider that there is anything unfair in the procedure adopted by the Government
Ratio of the decision
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Thus the Government policy was not to grant fresh approvals
Argument
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PW 22 opined that these injuries,individually as well as collectively,were sufficient in the ordinary course of nature to cause death
Ratio of the decision
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We may also place on record that Sen.,J.in Rajendrakumar Natvarlal Shah 1988 Indlaw SC 71 (supra),while laying down various stages of the procedures leading to an order of detention,opined that rule as to unexplained delay in taking action is not inflexible and a detention under COFEPOSA may be considered from a different angle
Precedent
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The opportunity granted to the respondent has,however,been misused by raising mischievous and frivolous objections instead of filing written submissions
Ratio of the decision
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One Dwarka Nath Ghose was the owner of considerable moveable and immoveable properties
Facts
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The learned Judge, Special Court while hearing the matter in terms of this order shall also consider as to whether the auction sale should be confirmed or not
Ratio of the decision
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These appeals have been taken up for disposal together since they arise from a common judgment of the High Court deciding the appeals of the accused
Facts
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while respondent No. 2 was tried for an offence under s. 120-B and for offences under ss
Facts
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The first charge is in respect of the conspiracy alleged to have been entered into by the two respondents, K. V. Ramana, the approver, and others "known and unknown" to commit criminal breach of trust of the funds of VESCO and, in order to screen its detection, to falsify the accounts of VESCO and to use forged documents as genuine
Ratio of the decision
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In her cross-examination,Prakashi Devi stated that she has five sons; that only her husband and one son named Mahavir were staying with her; that the other four sons were married and were not staying with her; that on that night,her husband was away in the fields and her son Mahavir was also not present in the house
Facts
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The other two special leave petitions are dismissed
Ruling by Lower Court
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E.D." means excise duty
Statute
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Though the jurisdiction of this Court,u/art.142 of the Constitution of India is not in dispute,we make it clear that exercise of such power would,however,depend on the facts and circumstances of each case
Ratio of the decision
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Now therefore, the Central Govt both hereby accord sanction under Section 197-Code of Criminal Procedure (Act No. 5 of 1898) and Section 6(1)(a) of the Prevention of Corruption Act, 1947 (Act II of 1947) for the prosecution of Maj
Facts
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4339 crores and, thus, the assets held by the Appellants are wholly insufficient to meet the liabilities
Argument
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The said authorities shall verify whether the admissions have been made by the petitioners in accordance with the directions given herein
Facts
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Title to the land was also transferred in their favour
Facts
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Where a particular mode is prescribed for doing an act and there is no impediment in adopting the procedure, the deviation to act in different manner which does not disclose any discernible principle which is reasonable itself small be labelled as arbitrary
Ratio of the decision
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Addisons' application was one under Section 46 and the test to determine whether the applicant was a "person aggrieved" within the meaning of that section should have been the one laid down by Romer,J.in Wright case and not the one propounded by the House of Lords in the matter of Powell's Trade Mark
Ratio of the decision
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Furthermore,section 85A,as it stood prior to its amendment by Gujarat Amendment Act No.5 in the year 1973 and as stands thereafter,requires that if any suit instituted in Civil Court involves the question of tenancy of 'present' or 'past',as the case may be,the same being required to be decided or dealt with by an authority competent under the BT & AL Act,the Civil Court has to stay the suit and refer the issue to such competent authority for determination and after receiving the decision thereon to dispose of the suit in accordance with such decision
Ratio of the decision
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In support of his first contention he referred to questions Nos
Argument
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The producer must have an incentive to produce
Precedent
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One Lakshminarayana Iyer, a Hindu Brahmin, who owned considerable properties in the Tirunelveli district, died on 13th December, 1924, leaving him surviving a widow Ranganayaki, and a married daughter Ramalakshmi
Facts
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As against that the RTS proceeding bearing No.3402 /Pra
Ruling by Lower Court
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A question whether the impugned action is arbitrary or not is to be ultimately answered on the facts and circumstances of a given case
Ratio of the decision
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The learned Designated Court opined that though the identity of A-1 (since dead),A-5,A-8,A-9,A-10 and A-11 as the assailants had been established by the prosecution evidence beyond a reasonable doubt,the same could not be said about the participation of the remaining accused
Facts
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Before the Deputy Registrar and before Mr
Precedent
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As a matter of fact,the statute enabled a person to have registered a mark not only which he had been using but also a mark which he proposed to use
Precedent
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This Court in Indian Petrochemicals Corporation Ltd.& Anr.vs
Ratio of the decision
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But if for one reason or the other such a report is not forthcoming,the Court has to decide the matter on other materials available to it
Precedent
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But,if the provisions of the BT & AL Act which bear on the question of matters to be decided by the Mamlatdar are seen,they give no room for one even to think that those matters could be decided by a Civil Court when a question is raised in that behalf even by a defendant in a suit
Ruling by Present Court
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The respondent is the landlord of the two premises and these were situated at Raikhad Ward,Ahmedabad
Facts
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But the State in its counter filed in the High Court tried to explain that the Director of Technical Education had opined that during the year 1995-96,it might not be practicable to start the college for the Director could not ascertain the details of the facilities available
Facts
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The relevant paras,which are useful,may be quoted: " We are fully alive of the fact that this Court has been exercising the power u/art.142 of the Constitution for dissolution of marriage where the Court finds that marriage is totally unworkable,emotionally dead,beyond salvage and has broken down irretrievably,even if the facts of the case do not provide a ground in law on which the divorce could be granted
Precedent
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Reference was also made to the decision of their Lordships of the Privy Council in Mst
Precedent
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The term 'Waiver' has been described in the following words: "Waiver is the abandonment of a right in such a way that the other party is entitled to plead the abandonment by way of confession and avoidance if the right is thereafter asserted,and is either express or implied from conduct
Precedent
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P.C. his positive stand was that he alone had been in the house with Mukhtiar Kaur when she had been killed and indeed as per Exhibit P.JJ Mukhtiar Kaur's body had been found only one Karam (5 feet) away from the place where the appellant lay injured
Ratio of the decision
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4 SCC 118]1978 Indlaw SC 294,this Court held: "Thus,on a careful consideration and elucidation of the various authorities and the case law on the subject discussed above,the following propositions emerge: 1.There can be no copyright in an idea,subject-matter,themes,plots or historical or legendary facts and violation of the copyright in such cases is confined to the form,manner and arrangement and expression of the idea by the author of the copyrighted work
Precedent
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The canteen has been there since the inception of the appellants factory
Facts
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We may also state that there is yet another line of cases as in State Bank of Patiala v
Precedent
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The learned Judge directed recording of statements of the learned counsel in this behalf; pursuant whereto the same were recorded which reads as under : "C.O.9 of 1986
Facts
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t must be remembered that Art
Statute
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Generally,no court has competence to issue a direction contrary to law nor can the court direct an authority to act in contravention of the statutory provisions
Precedent
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In its meeting dated 10.10.2007 the committee recommended that a Detailed Project Report (DPR) be prepared by the Rajkiya Nirman Nigam,and that acquisition of lands for shifting of the prisons be done on a priority basis
Facts
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Vide S.47 of the Patents (Amendment) Act,2002 entire Chapter XIX stood substituted
Statute
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In law, testimony of an injured witness is given importance
Precedent
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Even assuming that PW-21, the Investigating Officer could have entered the aforesaid information received from PSI of Panaji Police Station in the general diary, yet they said entry could not have been held or treated to be an FIR
Ratio of the decision
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In R.G.Anand vs
Precedent
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Explanation
Statute
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Even otherwise, we are of the opinion that had the shot been fired by some intruder, the direction would have been more or less horizontal and parallel to the ground and not from down upwards with the pellets hitting the jaw, skirting the cheek and hitting the roof at point
Ratio of the decision
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Both the expression "intent" and "knowledge" postulate the existence of a positive mental attitude which is of different degrees
Statute
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12-6-1094, the petitioner knew that the land was Government land and had then applied for assignment of the land
Ruling by Lower Court
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Therefore the AICTE consti-tuted a Task Force and obtained its opinion and thereafter granted its approval on 13.11.1995 subject to various conditions
Argument
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We have heard the parties only on the limited question as to why the amount which has been directed to be refunded to the auction purchasers-appellants herein should not bear reasonable interest
Ratio of the decision
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These are thus the stamped witnesses whose presence admits of no doubt and being themselves the victims they would not leave out the real assailants and substitute them with innocent persons
Facts
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Pet
Argument
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The request is not opposed on behalf of M/s Thakural Mechanical Works
Facts
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The affidavit filed by the Appellants herein before the Special Court clearly shows that the liabilities exceed the assets in all cases
Argument
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There shall, however, be no order as to costs
Ruling by Present Court
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b) has,for at least ten years,functioned as a Registered Patent Agent and possesses a degree in engineering or technology or a masters degree in science from any University established under law for the time being in force or equivalent; or (c) has,for at least ten years,been an advocate of a proven specialized experience in practicing law relating to patents and designs
Statute
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In R.S.Garg v
Precedent
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It may here be mentioned that while the suit of the Illom i.e. O.S. No. 126 of 1096 M.E. was pending in the District Court, Quilon, the Government of Travancore had initiated proceedings in ejectment against the appellant by L. C. Case
Facts
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The original of such documents might not been available with the detaining authority but admittedly the xeroxed copies were
Ratio of the decision
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In a given case whether there are such facts and circumstances giving rise to legitimate expectation, would primarily be a question of fact
Ratio of the decision
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The presumption, thus, is not obligatory because notwithstanding the intentional non- production, other circumstances may exist upon which such intentional non-production may be found to be justifiable on some reasonable grounds
Precedent
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Mere denial made by ,the respondent in the circumstances of the case was not sufficient to rebut the presumption relating to service of the registered cover
Ratio of the decision
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Therefore,the RTS Appeal No.128 of 1987 was preferred before the Collector,which was disposed off by the Additional Collector on 13.7.1993.By the said order,the Order of the third Sub-Divisional Officer was maintained
Facts
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Inspector of Plantation Mundakayam
Argument
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Public notices having been issued in terms of the Rule 26 of the Rules,an objection which would nullify the Scheme cannot be entertained at this stage
Argument
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Paragraph 7 deals with the power of the Government to fix retention price and pooled price for the sale of bulk drugs specified in the First and Second Schedules which are both indigenously manufactured and imported
Statute
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2) SCC 577
Precedent
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323 read with S. 34 of the IPC
Ruling by Lower Court
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Kowlnama executed in favour of Shaik Hussain was not filed
Facts
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