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Facts
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No.113.The letter is as under: "GUJARAT ELECTRICITY BOARD O & M DIVISION Nana Varchha Road Surat
Facts
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He has pointed out that there was absolutely no evidence to suggest that Mukhtiar Kaur had been subjected to rape and in this view of the matter the very basis for the imposition of the death penalty was not made out
Argument
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The submission of Shri Anil Diwan, learned counsel for the respondents was that unlike other price control legislations, the Drugs (prices Control) Order ,was designed to induce better production by providing for a fair return to the manufacturer
Argument
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He has faced trail since 1991.He is aged about 57 years
Ruling by Lower Court
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Tag with SLP(C)No.21540/2002
Ruling by Lower Court
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February,1992.The impugned judgment dated 1st March,2011 has been challenged by the State of U.P.in C.A.Nos.6169-6171 of 2013 (State of U.P.& ors
Facts
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In the light of the aforesaid principles and the facts that have emerged,we are of the opinion that the High Court exceeded its jurisdiction under section 29(2) of the Rent Act
Ruling by Present Court
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The interpretation of the expression 'person aggrieved' occurring in Sections 46 and 56 has come up for consideration before this Court on more than one occasion
Ratio of the decision
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It is true,as contended by Mr
Ratio of the decision
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1350 per acre amounting to Rs
Facts
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On the 23rd February, 1927, Nagendra executed a deed of settlement of the said premises by which he appointed his wife Labanyalata and his wife's brother Samarendra Nath Mitter trustees to carry out the directions therein contained and in pursuance of the deed of settlement he gave up possession of the said premises in favour of the trustees
Facts
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S.P.Industrial Corporation,M/s
Facts
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S. 120 B provides that whoever is a party to a criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of two years or upwards shall be punishable in the same manner as if he has abetted such offence unless there was an express provision in the Code for the punishment of such conspiracy
Ratio of the decision
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The circumstances that the injury inflicted by the accused was simple or minor will not by itself rule out application of S. 307 IPC
Precedent
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Sections 46 and 56 read as follows : "S.46.Removal from register and imposition of limitations on ground of non-use.--(1) Subject to the provisions of section
Statute
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In the said case the U.P.State Sugar Corporation Ltd.filed a counter affidavit refuting such stand taken by the Company
Facts
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The matter relating to recruitment is governed by the 1973 Act and the 1987 Rules
Ratio of the decision
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In particular, he argued that Item (a) 'bonus in excess of statutory minimum' should not have been excluded so also items of expenditure coming under the other heads (b) to (g) which had been allowed by Income-tax authorities as legitimate expenses
Argument
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Additionally, Madan and Rakesh attacked the complainant with lathi blows on shoulder and left elbow respectively and caused several other injuries to the complainant party
Facts
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It is meant to provide a fillip to individual manufacturers of bulk drugs whose production it is necessary to increase
Ratio of the decision
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It cannot, therefore be said that circumstances appearing against the accused which have formed the basis of the conviction had not been put to him
Ratio of the decision
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Yet recently in Pankaj Gupta & Ors., etc
Precedent
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Subsequently,Sugar Mill of the Company was acquired on 28th October,1984
Ratio of the decision
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dividend on ordinary shares, being the maximum that could be paid under the Public Companies (Limitation of Dividend) Ordinance of 1948 and also paid to the workers their full share of bonus at annas 4 in a rupee of their basic earnings
Facts
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However,the titles continued to show Mr
Ratio of the decision
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Temporary employee' means an employee who has been employed for work which is essentially of a temporary character, or who is temporarily employed as an additional employee in connection with the temporary increase in the work of a permanent nature; provided that in case such employee is required to work continuously for more than six months he shall be deemed to be a permanent employee, within the meaning of cl
Statute
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In the light of the above discussion,we are unable to accept any of the contentions raised by the learned senior counsel for the appellant,on the other hand,we are in entire agreement with the conclusion arrived at by the trial Judge as affirmed by the High Court
Ratio of the decision
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It was urged that in any event M/s
Argument
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The appellants question correctness of the judgment rendered by a Division Bench of the Madras High Court which held that the withdrawal of benefits extended to the appellants as subsidy was in order
Facts
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Hyderabad West Taluk
Facts
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Siri Amar Exports,only in respect of the pending application,if any,filed by these parties up to the date of action i.e.11.10.2003 as the past exports were under scrutiny being doubtful as per the intelligence received in this office
Ratio of the decision
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Mr
Argument
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There is no difference in their work and the work of the employees of Indore Development Authority
Facts
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The purpose of a prior test identification,therefore,seems to be to test and strengthen the trustworthiness of that evidence
Precedent
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The only question is, what use can be made of such statements even where the witness admits having signed the statements made before the Military Authorities
Ratio of the decision
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The Appellate Court had considered the partnership deeds
Ratio of the decision
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a
Facts
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The viscera were preserved for chemical analysis
Facts
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The learned State counsel has, however, emphasized that both the trial court and the High Court had for good reasons opined that the circumstances made out a case for conviction and the accused having given a counter version some obligation lay on him as well to explain the circumstances against him inasmuch that admittedly he and the victim were alone in the house at the time of the incident
Argument
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The Tribunal has given satisfactory reason for adopting a different mode and we are not disposed to interfere with the award of the Tribunal
Ratio of the decision
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There was RTS Appeal No.128 of 1987 which was decided on 13.7.1993.In view of these orders the mutation entry No.1836 was cancelled and Mutation Entry No.2176 was effected whereby the name of the Collector and the Deputy Collector of the Evacuee Property was entered into 7 X 12 extracts
Ruling by Lower Court
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When the award is sent for publication,a necessary corrigendum be made in the award and the aforesaid words after the figures Rs.150/-and Rs.100/-be added
Ruling by Lower Court
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Kay Aar Biscuits (P) Ltd.had stopped its production in 1993; that the company had become defunct; that the appellants herein had applied to the Registrar of Trade Marks for registration of the mark "Meghraj" and vide registration certificate dated 30.6.2000 the Registrar has recognized the appellants as owner of the trade mark with effect from 30.9.91.In the circumstances,the appellants submitted that the demand for differential duty was unwarranted
Argument
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In the circumstances,the Department was right in rejecting the above contention
Ratio of the decision
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To justify a conviction u/s
Ratio of the decision
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No. 40/1
Facts
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The Appellants, herein contended that the Custodian did not furnish the requisite particulars thereof and inspection was refused on the grounds stated therein
Argument
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Devendra Choubey (accused No.4) by paying them money
Ratio of the decision
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It is again stated in, paragraph-4 that "It was irregular on the part of Government to take possession of the above items
Ratio of the decision
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Although the dead body of the victim was found on the outskirts of the village, however, there is no material available on record to fix the place and the likely time at which rape was committed on S and then she was murdered
Ratio of the decision
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On the 18th September, 1945, the suit out of which this appeal arises was instituted by the plaintiff, the husband and the sole heir of Ramalakshmi, for a declaration that the said sale would not be binding on him beyond the lifetime of the widow
Facts
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Jurisdiction of the Board being dependent on determination of the foundational facts,the same was required to be established on the basis of the averments made in the application and not otherwise
Ratio of the decision
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The Fourth Schedule prescribes the various forms referred to in the different paragraphs of the Drugs (prices Control) Order
Statute
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Emphasis supplied
Facts
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This statement is clearly false as it is against credible documentary evidence at a time when there was no possibility of any charge being levied against the appellant
Ratio of the decision
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Nor is the test Court's own standard of reasonableness as it might conceive it in a given situation
Ratio of the decision
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The vacation Judge of the Delhi High Court,on December 27,2002 passed an order of temporary injunction against the first respondent as follows: "Notice for 24th March,2003 before the Joint Registrar
Facts
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The concept of deeming fiction is hardly applicable to the criminal jurisprudence
Ratio of the decision
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It observed that the evidence in the case indicated that the possession of the father of the appellant must have commenced close to the year 1100 M.E. and consequently the claim of the appellant that lie was in possession from 1030 M.E. cannot be true
Ruling by Lower Court
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Some more facts may be noticed
Facts
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If the defendant's work is nothing but a literal imitation of the copyrighted work with some variations here and there it would amount to violation of the copyright
Precedent
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If that is caused in any of the aforesaid three circumstances, the offence of culpable homicide is said to have been committed
Statute
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The Act provides for stringent measures
Ratio of the decision
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The Designated Court therefore,rightly found the said appellants guilty of the offences under Section 302/149,307/149 and Section 324/149
Statute
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It does,however,facilitate a remedy which may be enforced and obtained throughout the State and it established the record of facts affecting the right to the mark
Ruling by Present Court
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It was clearly stated that since the tender was not finalized,the owners will be guided by the existing terms and conditions
Facts
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Maya Jain,(2009
Precedent
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Again, adjudication determines past and present facts and declares rights and liabilities while legislation indicates the future course of action
Ratio of the decision
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We may before concluding refer to an argument which was addressed to us by Mr. Isaacs, the learned counsel for the respondent, that this Court under article 136 should not interfere with the decisions of the tribunals set up by the Industrial Disputes Act, 1947
Ratio of the decision
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In Kedarnath Jute Mfg. Co. Ltd. 1971 Indlaw SC 841 (supra) this Court has held: "Although that liability cannot be enforced till the quantification is effected by assessment proceedings, the liability for payment of tax is independent of the assessment
Precedent
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After examining the oral and documentary evidence on record it is disclosed that prior to letter sent on 11 July 1984 the petitioners were acquainted even with the format of the suit serial,they did not have any connection with the suit serial till that date and relied upon the wording used therein to the effect that "you and Mr
Facts
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THE ACT
Argument
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Since prices of 'formulations' are primarily dependent on prices of 'buli drugs', the notifications fixing the retail prices of formulations were also quashed
Facts
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the nonexamination of other witnesses without anything more cannot be treated as defect in the prosecution
Ratio of the decision
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This Court, however, has not said that if a police officer takes merely one or two of the steps indicated by it, what he has done must necessarily be regarded as investigation
Precedent
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We find intrinsically nothing improbable
Ratio of the decision
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Union of India,JT 2011 (8) SC 16 2011 Indlaw SC 515,the following conclusion about the applicability of Art.142 is relevant
Precedent
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The Appellants shall be entitled to take the help of a Chartered or Cost Accountant and may make notes therefrom for their use in the pending proceeding
Ratio of the decision
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We are unable to say that the subordinate legislating authority acted unreasonably in prescribing the norms in the manner it has done
Ratio of the decision
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That being the position,there was no occasion for the Collector to initiate the inquiry under s.37(2) of the Code-in fact,he had no jurisdiction to do so,the condition precedent not being satisfied
Ratio of the decision
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Profiteering, by itself, is evil
Ratio of the decision
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Gokulchand Dwarkadas's case also is of no assistance to the appellant because in that case the sanction did not disclose the facts on which it was given but merely sanctioned the prosecution for a breach of certain provisions, Sir John Beamont delivering the Judgement of the Judicial Committee, observed at page 84: "But if the facts constituting the offence charged are not shown on the face of the sanction, the prosecution must prove by extraneous evidence that those, facts were placed before the sanctioning authority
Precedent
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On the merits of the matter,the appellant disputed various questions of fact and urged that the decision of this Court in Parimal Chandra Raha vs
Argument
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A person may have a 'legitimate expectation' of being treated in a certain way by an administrative authority even though he has no legal right in private law to receive such treatment
Ratio of the decision
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The appeal before the High Court and also in this Court has been preferred by the appellants challenging their conviction under section 304-B read with section 34 IPC
Ratio of the decision
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Act,2002,on 4.4.2005
Facts
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Holding it impossible in the circumstances to apply the principle of industry-cum-region basis,the Tribunal turned to a consideration of the financial capacity of the company to bear an additional burden in this connection,it proceeded on the footing that the appellant was a separate and independent division of Tata Sons Limited and had no "functional integrality" with the other divisions
Facts
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39(b) enjoins a duty on the State towards securing 'that the ownership and control of the material resources of the community are so distributed as best to subserve the common good
Statute
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In Bar Council of India v
Precedent
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His point is that the proviso to s. 337(1) confers the power on "the District Magistrate" to grant pardon in a case pending before another Magistrate and not on "a District Magistrate" and, therefore, his power to grant pardon in such cases cannot be conferred under sub-s.(2) of s. 10 on an Additional District Magistrate
Ratio of the decision
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Whenever Bhimabai went to her parental home, she used to tell her parents that her husband and mother-in-law (accused appellants) were harassing her and used to occasionally beat her
Facts
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In the eye of law,such a clause is really non-sequitur or neutral proving neither the existence nor non-existence of a genuine firm
Ratio of the decision
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Mahesh,the fourth accused,was standing outside the house
Facts
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b) (v) is relevant here and may be set out:- "26(2
Statute
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He referred to Bhavna as Bhabhi
Facts
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Gazette of India,Pt
Statute
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The balance which had been brought forward from the previous year was added thereto and a dividend of 243/4 per cent. was paid to the ordinary shareholders
Facts
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
Ajay Kumar Das and Others [(2002) 4 SCC 503 2002 Indlaw SC 287
Argument
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context
Even before this Court, the sale of commercial properties had not been questioned
Argument
Analyze the sentence and predict in which semantic role (Arguments, Precedent, Statutes, Facts, Ratio Decidendi, Ruling of Lower Court, Ruling of Present Court) does this come under in Indian legal context