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...Aflatoxin, including its variants B1, B2, G1 and G2. The test carried by SGS, Netherlands also confirmed high Aflatoxin level.10. In this background, the argument of Mr...were at the port of loading.24. The complainant has not produced best evidence which they were expected to produce in respect of the test results of the samples sent by...
...basis, we will have to scrutinise and screen the survival value of the various remission schemes and short-sentencing projects, not to test their supremacy over Section 433-A, but to train the wide...
..., 2009. In other words, date of judgment of a criminal court has to be necessarily treated as the relevant date for applying the test of maintainability of appeal by the victim under three contingencies...reasons and conclusion for holding that the date of judgment of a criminal court has to be necessarily treated as the relevant date for applying the test of maintainability of appeal by the victim under...overwhelmed by submissions made at the Bar. The language of the proviso to Section 372 CrPC is quite clear, particularly when it is contrasted with the language of Section 378(4) CrPC. The text of this...
...actually stated contradicts what is omitted to be said; and (ii) the test to find out whether an omission is contradiction or not is to see whether one can point to any sentence or assertion which is...omissions satisfy the test laid down by us? The witness stated in the court that there was a gas-lamp and that some of the miscreants scrutinised the faces of the dead bodies. In their statements before the...out, but also questions with respect to other matters arising out of the police statements of the witnesses. The purpose of cross-examination is to test the reliability of the witnesses both as to...
...competitive interest of a third party. In order to test the applicability of Section 8(1)(d) of the Act it is necessary to first and foremost determine the nature of information and if the nature of...be permitted, that too, for reasons to be recorded demonstrating satisfaction to the test of larger public interest. It will not be in consonance with the spirit of these provisions, if in a mechanical...
...be negligent, it will be useful to see as to what can be regarded as negligence on the part of a doctor. The test with regard to the negligence of a doctor was laid down in Bolam v. Friern...
.... In Indra Sawhney 1992 Supp (3) SCC 217 all the Judges except Pandian, J. held that the “means test” should be adopted to exclude the creamy layer from the protected group earmarked for...test so that its amendments can be tested and withstand the scrutiny on parameters laid down therein.87. In the ultimate analysis, we conclude and...
...test, there is no doubt that Parliament has accepted the view taken in the majority in Velliappa (2003) 11 SCC 405 as correct. Velliappa...
...persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the legislation. In order to pass the test, two...now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible...classification to be legal, valid and permissible, must fulfil the twin test, namely,(i) the classification must be founded on an intelligible differentia which...
...ascertained from the text of enactment in question. That does not mean the text is to be construed merely as a piece of prose, without reference to its nature or purpose. A statute is neither a literary...text nor a divine revelation. “Words are certainly not crystals, transparent and unchanged” as Mr Justice Holmes has wisely and properly warned. (Towne v. Eisner) Learned Hand, J., was...
..., is not applicable in India. We do not have in our Constitution any provision like the Eighth Amendment, nor are we at liberty to apply the test of reasonableness with the freedom with which the Judges...
...) What are material facts and particulars? Material facts are facts which if established would give the petitioner the relief asked for. The test required to be answered is whether the court could have...18. The averments contained in para 4 pertaining to Ground I do not satisfy the test prescribed in Manubhai Amorsey v. Popatlal Manilal Joshi and.... The most important test which remained unsatisfied is as regards the omission to satisfy in what manner the assistance was obtained and procured by the election candidate for promoting the prospects of...
...the factor of superintendence and control has been emphasised but that is not the determining test. In Morren v. Swinton and Pendlebury Borough Council (1965) 2 All...ER 349, (1965) 1 WLR 576 Lord Parker, C.J held that superintendence and control cannot be the decisive test when one is dealing with a professional man or a man of some particular...the employer telling him how to do work; therefore, the absence of control and direction in that sense can be of little, if any, use as a test. In Argent v. Minister of Social...
..., after the passage of two and a half years. But the remedy, according to us, is not the writ of mandamus. If the Parliament had laid down an objective standard or test governing the decision of the...how far they bear upon the standard or test prescribed by the Parliament. But, the Parliament has left the matter to the judgment of the Central Government without prescribing any objective norms. That...proceeding in relation to which the particular right is claimed as a component of natural justice. Judged by this test, it seems to us difficult to hold that a detenu can claim the right of cross...
...sought to be imposed only for a particular period and not prior or subsequently it is open to debate whether the statute passes the test of reasonableness at all. In the present case, the High Court...
...facie “test” unless there is at least surface-analysis of probative value of the evidence, at the stage of examining the question of granting bail and the quality or probative value satisfies the...
...interest of justice”, “such other conditions court considers necessary” and “as it may think fit” as provided in the bare text of the Section 437(3)(c) as well as Section 438(2)(iv) of the CrPC, give...written judicial opinion is the primary, if not the sole, medium in which judges within our judicial system execute language.”41…the text of judicial decisions and opinions...
...under Art. 14 is omnipresent — Procedure contemplated under Art. 21 must answer the test of reasonableness in order to be in conformity with Art. 14 — It must be “right and just and fair” and not...a brooding omnipresence and the procedure contemplated by Article 21 must answer the test of reasonableness in order to be in conformity with Article 14. It must be “right and just and fair” and not..., because he has given another reason also. If it were a proper test to ask whether the decision would have been the same apart from the proposition alleged to be obiter, then a case which ex facie...
...defamatory material with reaction of the public, would certainly be sufficient to satisfy the test of holding the enquiry under Section 202 CrPC.16. The learned counsel...
...(1969) 2 SCC 166, (1970) 1 SCR 479 has been cited by the appellants in support of the proposition that the negative test laid down in Tika Ramji...“manufacture or production”.127. Applying the negative test as evolved in Tika Ramji...by limiting the ratio therein to the fact of that case, more so when the said decision had been followed later on in several other Constitution Bench decisions and has stood the test for the last two...