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Vishvash Machhinder Saptal Vs. The State of Union Territory Through Daman Police Station
Duly proved contradiction cannot be used for corroborating the evidence. Unfortunately, the learned trial Court committed an error on this aspect of appreciation of evidence and used the duly proved contradiction as a substantive peace of evidence for convicting the accused.22. PW3 Vilash Shinde has not spoken that ear...
1[ds]8. At the outset, it needs to be mentioned here that thoughPW3 Vilash Shindeis stated to be an eye witness to the alleged incident of assault by the accused, he has not supported the prosecution case in respect of the alleged assault. PW4 Meena and PW5 Shantaben were employees working in the Finishing Section and ...
1
6,876
2,429
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: Duly proved contradiction cannot be used for corroborating the evidence. Unfortunately, the learned trial Court committed ...
THE CHAIRMAN, STATE BANK OF INDIA AND ANOTHER Vs. M.J. JAMES
sense, the term acquiescence means silent assent, tacit consent, concurrence, or acceptance,(See M/S Vidyavathi Kapoor Trust v. Chief Commissioner Tax (1992) 194 ITR 584 ) which denotes conduct that is evidence of an intention of a party to abandon an equitable right and also to denote conduct from which another party ...
1[ds]18. The judgment under challenge seems to have overlooked the implications of clause 2(e) of the Service Code. The objective of definition clauses is to avoid frequent repetition in describing the subject matter to which the word or expression is intended to apply.(Nahalchand Laloochand Private Ltd. v. Panchali Co...
1
8,749
4,601
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: sense, the term acquiescence means silent assent, tacit consent, concurrence, or acceptance,(See M/S Vidyava...
Kumar Dhirendra Mullick Vs. Tivoli Park Apartments (P) Ltd
mentioned in the decree for specific performance, despite the application for rescission of the agreement/ decree. 31. In the case of Vaiyapuri Reddy and another vs. Sivalinga Reddiar reported in (1970) 1 Madras L.J. 92) it has been held that since the Court has, under section 28, the power to extend the period in case...
1[ds]been submitted on behalf of the appellants herein that at the time of the agreement dated 16.8.1980, the value of the property in question was about Rs. 30 crores. On the basis of the said value, the market rate ought to have been Rs. 30 lacs. It was urged that if the Trust property is allowed to be leased out to ...
1
5,958
2,513
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: mentioned in the decree for specific performance, despite the application for rescission of the a...
THE STATE OF KERALA Vs. MOHAMMED BASHEER
tenant of the right, title and interest of the landowner and the intermediaries, if any, over the holding or portion thereof to which the assignment relates." (emphasis supplied)15. Section 102 of the Land Reforms Act authorises the Government or any person aggrieved by any order of the Land Tribunal to file an appeal ...
0[ds]9. It is clear from sub-section (2) of Section 3 that the extent of land comprised in private forests held by the owner under his personal cultivation is exempted from vesting, if the ceiling limit under the Kerala Land Reforms Act is not exceeded. Similarly, sub-section (3) of Section 3 does not apply in respect ...
0
3,533
1,038
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: tenant of the right, title and interest of the landowner and the intermediaries, if any, over the holding o...
Central Provinces Manganese Ore. Co. Ltd Vs. I.T.O Nagpur
section 147 of the Act were not given. However, along with the return filed on behalf of the Revenue before the High Court, the reasons which led to the issue of notice under section 148 on the grounds mentioned under section 147(a) of the Act were disclosed. It is not disputed that the reasons need not be set out in t...
0[ds]So far as the first condition is concerned. The Income-tax Officer, in his recorded reasons, has relied upon the fact as found by the Customs Authorities that the Appellant had under-invoiced the goods it exported. It is no doubt correct that the said finding may not be binding upon the income-tax authorities but ...
0
1,663
494
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: section 147 of the Act were not given. However, along with the return filed on behalf of the Revenue before...
Landesban Baden-Wurttemberg Vs. Pushkaraj Packaging India Pvt. Ltd
registered office was at Mahalaxmi. It was in this context that the Court held, inter alia, in paragraph 8 that this made no difference for a statutory notice had admittedly been served at the companys Mahalaxmi address. Secondly, another notice was served at the Khar address, which was actually the registered office o...
0[ds]I understand this to mean that in his formulation of it, the Respondents liability as guarantor cannot be separated from the liability of the principal borrower S.K. Agrotech Ltd. In other words, if S.K. Agrotech Ltd. has a grievance with its supplier, this is sufficient to raise a bona fide dispute and a valid de...
0
3,660
2,525
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: registered office was at Mahalaxmi. It was in this context that the Court held, inter alia, in paragraph 8 that this made n...
Union Of India Vs. Modi Industries Ltd.
29 will cover a revision of rates made by the railway authority in terms of a contract but the matter seems to stand concluded by the decision of this court in Union of India v. The Indian Sugar Mills Association, Calcutta, (1967) 3 SCR 2l9=(AIR 1968 SC 22 ) according to which it is immaterial that the charges being le...
0[ds]Coming to the facts of the present case it is apparent that one of the main questions involved was whether cl. 23 of the contract between the parties was not void because it contravened S. 29 of the Indian Contract Act. Another question which had to be investigated was whether a proper notice regarding the enhance...
0
3,252
615
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: 29 will cover a revision of rates made by the railway authority in terms of a contract but the matter seems t...
Laxmi Organic Industries Limited Vs. Union of India & Others
to the notice of the Board by exporters, trade associations and the field formations that with this amendment the benefit of availing of exemption from bank guarantee will be denied even before the show cause notice proposing imposition of penalty has been adjudicated.4. The Board has reviewed the matter and considers ...
0[ds]Further the Customs Act, 1962, the powers conferred thereunder are fully recognized even by the Foreign Trade Policy and, therefore, none of the paragraphs of the Foreign Trade Policy are affected by the modification made in the circular. In any event the Foreign Trade Policy itself clarifies that the privileges a...
0
6,029
842
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: to the notice of the Board by exporters, trade associations and the field formations that with this amendment the ...
State of U.P. & Another Vs. Uptron Emp. Union CMD.I & Others
that though the industrial undertakings or the companies in which they are working did not have the financial capacity to grant revision in pay scale, yet the Government should give financial support to meet the additional expenditure incurred in that regard. 8. We have carefully gone through the pleadings, the annexur...
1[ds]It would, thus, appear that the order passed in the matter of Rohtas Industries (supra) was passed in the peculiar facts of the case and no principle had been laid down that in such a case it is the duty or obligation of the State Government or the Central Government to provide funds for payment of dues of workers...
1
4,615
616
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: that though the industrial undertakings or the companies in which they are working did not have the financial capa...
DINESH CHANDRA SHUKLA Vs. STATE OF U.P. & ORS
Kand. He also conceded that the advertisement did not indicate any specific qualification except that the aspirant should hold a post graduate degree in the relevant subject. 11. In the absence of any specific prescription, the University ought to have referred the question of what constitutes relevant subjects, before...
1[ds]4. Before we proceed to consider the core issue arising for consideration, we are obliged to take note of the fact that admittedly the appellant was engaged as a Guest Lecturer on remuneration of Rs.250/- per lecture subject to a maximum of Rs.5000/- per month from the year 2006. Ever since then the appellant has ...
1
3,074
1,152
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: Kand. He also conceded that the advertisement did not indicate any specific qualification except that...
Cricket Club Of India Ltd Vs. The Bombay Labour Union & Another
in the public in general in the game of cricket. It was obviously with this object that the Stadium was constructed. Its use by spectators interested in the matches or by members of other organisations interested in the game of cricket its purely for the purpose of encouraging and promoting the game of cricket in pursu...
1[ds]7. The first point urged before us was that an examination of the objects of the Club would show that it is not purely a social or recreational Club confining its activities to Members like the Madras Gymkhana Club. Our attention was drawn to objects of the Club as given in paragraph 8, Clauses (a), (c), (d), (g),...
1
6,792
2,180
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: in the public in general in the game of cricket. It was obviously with this object that the Stadium was constructed. Its ...
MAHARAJA AGRASEN HOSPITAL Vs. MASTER RISHABH SHARMA
8 months old, by Shroff Charity Eye Hospital. By this time, the ROP had reached Stage 5, when it becomes irreversible leading to total blindness of the Respondent No.1- baby. 11.4.16 We affirm the findings of the National Commission to hold that the Appellant No.1-Hospital, Appellant Nos. 2 and 3- the Paediatricians, a...
1[ds]11.1 Inordinate Delay in Supply of Medical RecordsWe find that there was an inordinate delay of over 2 years in making the Medical Records of Respondent No.1- 25 Master Rishabh available to the Respondent No.2- Complainant. Regulation 1.3.2 of the IMC Regulations casts a statutory obligation upon every doctor/hosp...
1
14,638
4,134
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: 8 months old, by Shroff Charity Eye Hospital. By this time, the ROP had reached Stage 5, when it becomes irreversible lead...
M/S BOMBAY DYEING & MFG CO. LTD Vs. COMMISSIONER OF CENTRAL EXCISE
said observations were meant to apply to cases where the final assessments were already made and not in respect of cases where the assessments were provisional, because duty liability is determined only at the time of final assessment. In other words, what is held in all the above cases is that, in spite of the retrosp...
0[ds]The said order will have to be understood in the context of the stand taken by the appellant before the High Court. In the said writ petitions, the appellant had asserted that the fabric manufactured by the appellant was not amenable to excise duty as it was not removed from the premises within the meaning of Rule...
0
11,037
1,568
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: said observations were meant to apply to cases where the final assessments were already made and not in resp...
Mohd. Rajab Gujari Vs. The State of Jammu & Kashmir & Another
the agreement was that if milk became a controlled article during the period of the agreement, the contractor shall be paid at the controlled rate for the supply of the articles made by him. This is practically the same as paragraph 12 of the Tender Notice. In pursuance to the agreement, the appellant supplied milk to ...
1[ds]5. The Division Bench was of the view that the notification did not control the price of milk but only fixed the maximum price at which milk could be bought and sold in the market and that did not deter any person from selling milk at a price lower than that fixed by the notification and so, the appellant could ha...
1
1,224
725
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the agreement was that if milk became a controlled article during the period of the agreement, the contractor shall be paid ...
State of Punjab Vs. Pargat Singh & Others
to undergo further rigorous imprisonment for one year. He was also sentenced to undergo rigorous imprisonment for a period of seven years under Section 307 IPC read with Section 34 IPC and to pay a fine of Rs. 2,000/- and in default of payment of fine, to undergo further rigorous imprisonment for six months (nine count...
0[ds]The High Court due to the aforesaid reasons, came to the conclusion that possibility of false implication cannot be ruled out. The oral evidence which was led before the Court was marshalled and referred to by the High Court. The fact which also weighed with the High Court correctly is that none of the appellants ...
0
1,708
212
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: to undergo further rigorous imprisonment for one year. He was also sentenced to undergo rigorous imprisonment for a period o...
Nirmal Enem Horo Vs. Jahan Ara Jaipal Singh
marriage ended in a divorce. In the course of her evidence in the previous petition, namely, Election Petition No. 2 of 1970 it seems to have been elicited that she had married Mr. Jaipal Singh on 7-5-1954 and that the decree nisi had been made absolute on 6-5-1954. It was contended before the learned Judge that in vie...
0[ds]7. It appears that Mrs. Jaipal Singh is a Ceylonese Tamil Christian. Her first marriage was with Mr. Curtis. But that marriage ended in a divorce. In the course of her evidence in the previous petition, namely, Election Petition No. 2 of 1970 it seems to have been elicited that she had married Mr. Jaipal Singh ona...
0
2,265
1,054
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: marriage ended in a divorce. In the course of her evidence in the previous petition, namely, Election...
Govt. Of India Vs. Court Liquidator'S Employees Assn
judgment of the Single Judge of the Calcutta High Court and in the Kerala cases from the date of appointment.On the other hand, Mr. Malhotra, learned senior counsel appearing for the Union of India, submitted that the appointees were not appointed by the Government and they were not paid salaries from the consolidated ...
0[ds]15. The Government has considered the above three alternatives and is of the view that out of the said solutions, proposals at No. (ii) and (iii) of para 14 can be considered subject to the orders of this Honble Court.16. I further say and submit that the precedent of regularisation of the company paid staff refer...
0
4,533
451
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: judgment of the Single Judge of the Calcutta High Court and in the Kerala cases from the date of appointment.On th...
Kandla Export Corporation & Another Vs. M/s. OCI Corporation & Another
laying down the forum which will hear and decide such an appeal. 24. In fact, in Sumitomo Corporation v. CDC Financial Services (Mauritius) Ltd. and Ors., (2008) 4 SCC 91 , this Court adverted to Section 50 of the Arbitration Act and to Sections 10(1)(a) and 10F of the Companies Act, 1956, to hold that once an appeal i...
0[ds]Given the judgment of this Court in Fuerst Day Lawson (supra), which Parliament is presumed to know when it enacted the Arbitration Amendment Act, 2015, and given the fact that no change was made in Section 50 of the Arbitration Act when the Commercial Courts Act was brought into force, it is clear that Section 50...
0
7,990
1,050
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: laying down the forum which will hear and decide such an appeal. 24. In fact, in Sumitomo Corporation v. CDC ...
Hindustan Steelworks Constrn Vs. State Of Kerala
Welfare Funds Act which has been enacted to protect the interest of the labourers.Such beneficial object under the Act should not be allowed to be frustrated by expanding the meaning of instrumentality or agency of the Central Government. Mr. Nariman has further submitted that even if on account of any ambiguity two in...
0[ds]19. After giving our careful consideration to the facts of the case and the respective contentions made by the learned counsel for the parties, it appears to us that the appellant company cannot be held to be a department of the Government. There may be deep and pervasive control of the Government over the appella...
0
4,135
477
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: Welfare Funds Act which has been enacted to protect the interest of the labourers.Such beneficial object under the Act sho...
Saregama India Limited Vs. Next Radio Limited & Ors
month and even inspection of records is furnished to copyright owners; and (vii) Whereas Section 31D provides for only the duration and territorial coverage of the intended broadcast, the notice which has been prescribed by Rule 29(4) has gone far beyond the statutory ambit of Section 31D and is ultra vires for that re...
1[ds]19. While counsel appearing on behalf of the contesting parties have addressed submissions on merits, we would desist from expressing any opinion on the constitutional challenge which is pending consideration before the High Court of Judicature at Madras where, as noted earlier, the writ petitions are slated for f...
1
4,533
633
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: month and even inspection of records is furnished to copyright owners; and (vii) Whereas Section 31D provides for only the d...
The Bhopal Sugar Industries Ltd Vs. The Income-Tax Officer, Bhopal
enough, the respondent misread the direction of the Tribunal and failed to carry it out. He proceeded on a basis which was in contravention of the direction of the Tribunal. 7. In these circumstances, the appellant company moved the Judicial Commissioner. Bhopal, then exercising the powers of a High Court for that area...
1[ds]8. We think that the learned Judicial Commissioner was clearly in error in holding that no manifest injustice resulted from the order of the respondent conveyed in his letter dated March 24, 1955. By that order the respondent virtually refused to carry out the directions which a superior tribunal had given to him ...
1
2,471
835
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: enough, the respondent misread the direction of the Tribunal and failed to carry it out. He proceeded on a ba...
Ramesh Vajabhai Rabari Vs. Pratiksha Real Estate Pvt. Ltd. & Others
is found to be in possession of the property for the last 30 years. It is no doubt true that the title and possession of VB Patel & Co. has been questioned by the petitioner as also the cancellation of the agreement of sale in his favour is further under challenge in the suit bearing Suit No. 1280/2007 which is pending...
0[ds]12. The petitioner in any case has neither established his prima facie title to the suit property as the agreement of sale stands cancelled and a decree of specific performance is yet to be passed in his favour, nor he is in possession of the property in spite of the development agreement in his favour who has not...
0
2,999
528
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: is found to be in possession of the property for the last 30 years. It is no doubt true that the title and possession of VB...
The Commissioner of Income Tax Vs. M/S. Umicore Finance Luxemborg
at the instance of the Respondents is not covered under clause (i) (ii) and (iii) of Section 245(N)(a) of the said Act. To examine such aspect, clause (i) of Section 245N(a) of the said Act defines advance ruling as thus :(a) Advance ruling means -(i) a determination by the Authority in relation to a transaction which ...
0[ds]11. On perusal of the said observations, we find that the learned AAR has in a very reasoned Order, has taken a view that no capital gains accrued or attracted at the time of conversion of the partnership firm into a Private Limited Company. In part IX of the Companies Act, therefore, notwithstanding thenoncomplia...
0
4,597
476
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: at the instance of the Respondents is not covered under clause (i) (ii) and (iii) of Section 245(N)(a) of the said Act. To ...
M/S. Tata Iron & Steel Co. Ltd Vs. The Workmen & Ors
concession or privilege or change in usage" is also wide enough to take within its fold the change of weekly holidays from Sunday to some other day of the week, because it seems to us to be a plausible argument to urge that fixation of Sundays as weekly rest days is founded on usage and/or is treated as a customary pri...
0[ds]12. We now come to the main contention. Section 9-A which has already been reproduced, lays down that change in the conditions of service in respect of any matter specified in the Fourth Schedule shall not have effect unless a notice is given to the workmen likely to be affected by such change. The relevant entrie...
0
5,081
946
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: concession or privilege or change in usage" is also wide enough to take within its fold the change of weekly ...
Bharat Sanchar Nigam Limited Vs. Balasaheb Maruti Poojari & Another
complaint to any superior officer of Mr. Deshpande when he told him not to come on duty. Not only that but the Respondent worker has also admitted that six years after 28/02/1985 for the first time, he approached conciliation officer and raised dispute by way of Reference, after nine years. In that also he had not spec...
1[ds]11. It is an admitted fact that in the instant case the Respondent worker was working as a casual labourer or mazdoor. According to him, on 28/02/1985Engineer one Mr. Deshpande told him that he should not come on duty. It is pertinent to note that the said worker has clearly admitted in histhat he never made any c...
1
2,345
991
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: complaint to any superior officer of Mr. Deshpande when he told him not to come on duty. Not only that but the Respondent ...
73Jyoti Bhushan Gupta Vs. The Banaras Bank Ltd
as a court of first instance and not in exercise of its appellate jurisdiction. Again by S. 187 no special jurisdiction is conferred. The High Court adjudicates upon the liability of the debtor to pay debts due by him to the Company : the jurisdiction is therefore civil. Normally, a creditor has to file a suit to enfor...
0[ds]We have not thought it necessary, having regard to the importance of the question raised by the appellants and the fact that this Court may in a proper case regularise the proceeding in this Court by granting special leave, even if certificate under Art. 133 of the Constitution could not be issued by the High Cour...
0
2,535
698
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: as a court of first instance and not in exercise of its appellate jurisdiction. Again by S. 187 no special jurisdiction is...
Vijay Rambharan Patil and Others Vs. The Employees State Insurance Corporation and Others
village of Butibori with effect from 1-10-2004, and also the notice of demand issued on 8-6-2006 calling upon the employer to deposit the contribution of employer and employees both, as required by the said Act, for the period from 1 -10-2004 to 30-9-2005.2. The petitioner-Kaprecon Sleeper Works Pvt. Ltd. is engaged in...
0[ds]6. Shri Thakur and Shri Joshi, the learned counsels appearing for the petitioners in both these petitions, could not point out to us any provision under the said Act exempting the establishment of the petitioner from complying with the provisions therein on the ground that the employer has provided better medical ...
0
1,218
441
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: village of Butibori with effect from 1-10-2004, and also the notice of demand issued on 8-6-2006 calling up...
Jodraj Singh Vs. State Of Rajasthan
subjected to close scrutiny and that portion of the evidence which is consistent with the case of the prosecution or defence may be accepted” [See also Gurpreet Singh v. State of Haryana, V (2002) SLT 231=(2002) 8 SCC 18 and Gagan Kanojia & Anr. v. State of Punjab, IX (2006) SLT 406=I (2007) CCR 89 (SC)=2006 (12) SCALE...
0[ds]9. In both the trials, common witnesses were examined. At the cost of repetition, we may state that the first informant had supported the prosecution case in its entirety in both the trials. He has been believed.10. The High Court took up all the appeals together for hearing. The only distinctive fact in the case ...
0
2,378
416
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: subjected to close scrutiny and that portion of the evidence which is consistent with the case of the prosecution ...
Jai Kishan Dass and Others Vs. Smt. Nirmala Devi and Others
1. After hearing counsel for the appellants at some length as also counsel for the respondents for some time, we are satisfied that there is no substance in the appeal.2. In our opinion, the High Court was right in taking the view that the present suit (out of which the appeal has arisen) filed by the appellants for a ...
0[ds]1. After hearing counsel for the appellants at some length as also counsel for the respondents for some time, we are satisfied that there is no substance in the appeal.2. In our opinion, the High Court was right in taking the view that the present suit (out of which the appeal has arisen) filed by the appellants f...
0
658
128
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: 1. After hearing counsel for the appellants at some length as also counsel for the respondents for some...
Hasmukhalal Dahayabhai & Ors. Etc. Etc Vs. State Of Gujarat
in such a way "that the lands selected for such continuance shall be in the same proportion in which lands held by each spouse before furnishing the relevant statement were under sub-sect ion (1) of Section 10. The reduction in their holdings would, therefore, be proportionate to the areas of lands held separately but ...
0[ds]We do not find any fixed concept of "person" anywhere. No .doubt the concept is wide so that it could be contended that it should not be narrowed down or confined, But does Section 6 (2) do that? Section 6 (2) does not either disable a husband or wife from owning or holding their separate properties separately. It...
0
3,971
963
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: in such a way "that the lands selected for such continuance shall be in the same proportion in which lands held by...
SRI KRISHNA PVT. LTD. ETC Vs. INCOME TAX OFFICER AND OTHERS
decisions of this Court in Chhugamal Rajpal Vs. S.P. Chaliha and Others, Income tax Officer, Calcutta and Others Vs. Lakhmani Mewal Das, and The Commissioner of Income Tax, Calcutta Vs. Burlop Dealers Ltd., as laying down propositions contrary to those laid down in Phool Chand Bajranglal (supra). We cannot agree. The p...
0[ds]Sec. 139 places an obligation upon every person to furnish voluntarily a return of his total income if such income during the previous year exceeded the maximum amount which is not chargeable to income tax. The obligation so placed involves the further obligation to disclose all material facts necessary for his as...
0
5,181
2,831
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: decisions of this Court in Chhugamal Rajpal Vs. S.P. Chaliha and Others, Income tax Officer, Calcutta and ...
P. Balakotaiah Vs. The Union Of India And Others(And Connected Appeals)
unionists, and the order terminating their services under R. 3 amount, in substance, to a denial to them of the freedom to form associations, which is guaranteed under Art. 19 (1) (c),.We have already observed that that is not the true scope of the charges. But apart from the, we do not see how any right of the appella...
0[ds]it has not been the contention of the respondents at any stage that the orders in question were really made under R. 148 (3) of the Railway Establishment Code, and that the reference to R. 3 of the Security Rules in the proceedings might be disregarded as due to mistake. In the Court below, the learned Judges rest...
0
5,186
1,667
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: unionists, and the order terminating their services under R. 3 amount, in substance, to a denial ...
Commr.Of Dum Dum Muncipality Vs. Indian Tourism Development Corpn
Corporations Act and in particular Section 30 which provides that the net income of the Corporation should go to the State of Andhra Pradesh, it must be held that the income of the Corporation was really the income of the State Government. This argument was rejected on an examination of the provisions of the Road Trans...
0[ds]We are, however, of the opinion that the nature and character of vesting should not be determined with reference to the preamble and sub-section (1) of Section 16 alone but on a totality, i.e., on a conspectus of the provisions of the Act. Section 3(2) says that the authority shall be a body corporate having perpe...
0
9,575
1,616
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: Corporations Act and in particular Section 30 which provides that the net income of the Corporation sho...
M.P. Housing Board & Anr Vs. Satish Kumar Batra and Ors
M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.09.2020 passed by the High Court of Madhya Pradesh, Bench at Indore in Writ Appeal No. 392 of 2009 by which the Division Bench of the High Court has allowed the said appeal preferred by the respondent Nos. 1 to 3 herein an...
1[ds]4. We are of the opinion that once the very acquisition and the notifications under Sections 4 and 6 were the subject matter of other proceedings pending before the High Court, in order to avoid any further conflicting orders and even otherwise on the basis of proprietary the High Court, instead of deciding the pr...
1
949
166
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 18.09.2020 pa...
Modi Entertainment Network Vs. W.S.G. Cricket Pte. Ltd
action of GOP in filing the suit earlier in the court of natural jurisdiction was held to be clearly in breach of contract and in the context of the non-exclusive jurisdiction clause, oppressive and vexatious unless the GOP could show strong reasons as to why parallel proceeding would be justified. The only ground urge...
0[ds]It is a well-settled principle that by agreement the parties cannot confer jurisdiction, where none exists, on a court to whichCPC applies, but this principle does not apply when the parties agree to submit to the exclusive or non-exclusive jurisdiction of a foreign court; indeed in such cases the English Courts d...
0
9,365
2,189
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: action of GOP in filing the suit earlier in the court of natural jurisdiction was held to be clearly in breach of contrac...
M.P. Ram Mohan Raja Vs. State Of Tamil Nadu
of the matter afresh. Meanwhile, the allotment was further cancelled in 1992. This Court held that due to in ordinate delay in filing the writ petition, the High Court ought not to have entertained the writ petition and accordingly, set aside the order of the High Court. 13. So far as the question of delay is concerned...
0[ds]We are satisfied that there was no justification for the writ petitioner to have waited for a long time. Once the order was passed on 8.10.1996, then there was no need for the writ petitioner to have waited for such a long time. We are in full agreement with the view taken by the High Court. However, the High Cour...
0
3,291
858
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: of the matter afresh. Meanwhile, the allotment was further cancelled in 1992. This Court held tha...
Ramesh Bhai Vs. State Of Rajasthan
of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence.8. In State of U.P. v. Ashok Kumar Srivastava, (1992 Crl.LJ 1104), it was pointed out that great care must be taken in evaluating circ...
1[ds]16. It is to be noted that the High Court recorded a finding as if it was proved through the prosecution evidence and medical evidence and the report of Doctor that the cause of death of the deceased was `Organo Phosphorous which was administered to him. This finding is apparently wrong. The doctors opinion as is ...
1
2,162
191
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: of any other hypothesis than that of the guilt of the accused and such evidence should not only be consistent with the gui...
Rajesh Burmann Vs. Mitul Chatterjee (Barman)
of the means of living, or food, clothing, shelter, etc., particularly where the legal relation of the parties is such that one is bound to support the other, as between father and child or husband and wife". 25. Likewise, the word ‘support as defined in the said Dictionary (p. 1439) reads as under; "That which furnish...
0[ds]In our opinion,no interference is called for against the order passed by the trial Court and modified by the High Court. So far as maintainability of application filed by the wife is concerned, we see no substance in the contention of the learned counsel for the husband that such an application is not tenable. Pro...
0
3,869
339
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: of the means of living, or food, clothing, shelter, etc., particularly where the legal relation of the parties is such th...
Mamtaz & Ors Vs. Gulsuma Alias Kulusuma
2021 by which the High Court has allowed the said appeal preferred by the respondent herein and has quashed and set aside the order passed by the First Appellate Court in R.A. No. 22 of 2020 and has also quashed and set aside the judgment and decree passed by the Trial Court and remanded the matter to the Trial Court f...
1[ds]4. Having heard the learned counsel for the respective parties and considering the facts narrated hereinabove, we are of the opinion that the impugned judgment and order passed by the High Court quashing and setting aside the judgment and decree passed by the Trial Court and remanding the matter back to the Trial ...
1
1,102
311
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: 2021 by which the High Court has allowed the said appeal preferred by the respondent herein and h...
The National, Union Of Commercial Employees And Another Vs. M. R. Meher, Industrial Tribunal, Bombay And Others
and general way, it is not easy to conceive that a liberal profession like that of an attorney could have been intended by the Legislature to fall within the definition of "industry" under S. 2 (j). The very concept of the liberal professions has its own special and distinctive features which do not readily permit the ...
0[ds]7. In our opinion the distinction sought to be drawn by Mr. Chari between professional service rendered by an individual acting by himself and that rendered by a firm is not logical for the purpose of the application of the test in question. What is true about a firm of solicitors would be equally true about an in...
0
4,486
1,716
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: and general way, it is not easy to conceive that a liberal profession like that of an attorney could have ...
Ramu Gope And Ors Vs. State Of Bihar
of the unlawful assembly in prosecution of the common object of the unlawful assembly or the injuries were such that the members of the assembly knew to be likely to be caused; (4) that Harihar Gope was a member of the unlawful assembly, and he caused injuries to Budhia in prosecution of the common object of the assemb...
0[ds]The result of the finding of the High Court is that the first three parts are made out but not the last. On that account however we are unable to hold that the appellants who are proved to be members of the unlawful assembly escape liability for conviction under Section 302, read with S.149 I. P. Code. On the find...
0
1,683
872
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of the unlawful assembly in prosecution of the common object of the unlawful assembly or the injuries were su...
Lala Ram Swarup And Others Vs. Shikar Chand And Another
that the jurisdiction conferred on the Commissioner under S. 3 (3) is exactly similar to the jurisdiction conferred on the High Court under S. 115 of the Code of Civil Procedure. It will be recalled that S. 115 of the Code confers revisional jurisdiction on the High Court to make such order as it thinks fit in a given ...
1[ds]10. It would thus be seen that the scheme of S. 3 is that if a landlord wants to bring a suit to eject his tenant, he has to apply to the District Magistrate for permission to do so. The District Magistrate may grant or refuse to grant such permission. After the District Magistrate makes an order on the landlords ...
1
4,835
1,205
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: that the jurisdiction conferred on the Commissioner under S. 3 (3) is exactly similar to the jurisdiction conferr...
Rikhi Ram Vs. Smt. Sukhrania
of any intimation, the appellant were liable to pay the amount of compensation which was determined at Rs. 64,000/- and that the insurance company was not liable to pay the amount of compensation. Aggrieved, the appellants filed an appeal before the Division Bench of the High Court of Punjab and Haryana which was dismi...
1[ds]4. A perusal of Sections 94 and 95 would further show that the said provisions do not make compulsory insurance to the vehicle or to the owners. Thus, it is manifest that compulsory insurance is for the benefit of third parties. The scheme of the Act shows that n insurance policy can cover three kinds of risks, i....
1
1,418
450
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of any intimation, the appellant were liable to pay the amount of compensation which was determined at ...
Union Of India Vs. United India Insurance Co. Ltd. & Ors
case to the following effect :- ".......no sound reason was given for restricting the phrase, "the use of a motor vehicle" in this way. The only limitation upon its.......that I can see is that the injury must be one in any way a consequence of a use of the vehicle as a motor vehicle". Further, Section 110-E of the Act...
0[ds]The Rule therefore postulates the existence of a sign board as mentioned therein, requiring the conductor to get down. Now admittedly the writing on the sign board at the level crossing was moth-eaten and no writing was visible. Hence in our view no special obligations created by the rule, which were in addition t...
0
11,902
2,769
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: case to the following effect :- ".......no sound reason was given for restricting the phrase, "the use of a motor vehicle"...
Deepak Bhandari Vs. Himachal Pradesh State Industrial Development Corporation Limited
of the mortgage deed which was executed between the parties and in the present case such a clause is conspicuously absent. Had the judgment of this Court rested solely on clause 7 of the mortgage deed, the aforesaid argument of Mr. Dhruv Mehta would have been of some credence. However, we find that the Court also speci...
0[ds]. The Court answered by holding that for such proceedings Article 137 of the Limitation Act would apply meaning thereby, period of limitation is 3 years. From the reading of this judgment, it becomes abundantly clear that the issue to which would be the starting date for counting the period of limitation, was neit...
0
4,601
386
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of the mortgage deed which was executed between the parties and in the present case such a clause is conspicuousl...
A. Chowgule & Co. Ltd Vs. Goa Foundation & Others
Nagbhushan Rao. We however discern no difference with regard to the basic factum as to the nature of the land in question and the only difference, if at all, is with regard to the number of trees per hectare said to be growing on the land. We, thus, have no hesitation in confirming this finding of fact. In T.N.Godavarm...
0[ds]can be no doubt that the land leased out to the appellant was indeed a forestSome arguments have flown during the course of the hearing that the appellants were willing to reforest an identical area in case the lease was allowed to be effectuated. In this connection, some observations need to be made. The basic qu...
0
5,087
645
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: Nagbhushan Rao. We however discern no difference with regard to the basic factum as to the nature of the land in question an...
JANHIT ABHIYAN Vs. UNION OF INDIA
1. The entitlement of the petitioners to an appropriate interim order is the precise question that is being dealt with by the Court by the present order.2. By the 103rd Constitutional amendment, after clause (5) of Article 16, the following clause numbered as clause (6) has been inserted:-?(6) Nothing in this article s...
1[ds]4. Not only we are reminded of the time-tested principle of law that the modalities of selection cannot be changed after initiation of the process, in a similar matter involving reservation of 16% seats for socially and educationally backward classes including the Maratha community in the educational institutions ...
1
475
254
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: 1. The entitlement of the petitioners to an appropriate interim order is the precise question that is being dealt with by t...
Commissioner of Commercial Taxes, Bangalore Vs. A. Vaikuntappa Setty and Company and Others (This Case Has Been Referred To In [1999]
any proceeding under this section is stayed by an order or injunction of any court shall be excluded." * 2. The factual matrix may be briefly noticed with reference to one of the appellants. For the assessment year 1970-71 the purchase turnover of paddy effected by the appellant amounting to Rs. 12, 69, 286.25 and Rs. ...
1[ds]ce it was not possible to initiate any action under sectionfor the present. The words "we cannot initiate action under sectionfor the present" leave no room for doubt that no action was initiated and, therefore, it was not correct to state in the show cause notice that since the records had been received for exami...
1
1,356
294
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: any proceeding under this section is stayed by an order or injunction of any court shall be excluded." * 2. The factual ma...
Gangadhar Yeshwant Bhandare Vs. Erasmo De Jesus Sequiria
the Chief Secretary, there was no objection to the respondent being treated as a citizen of India under the Citizenship Order. On December 15, 1964 a communication was sent to the respondent by the Under Secretary, Home Department of the Government of Goa, Daman and Diu that prima facie the respondent had become a citi...
0[ds]We have given our careful consideration to the submission of Mr. Bhandare and though we agree with him that as provided in Article 84 of the Constitution, a person shall not be qualified to be chosen to fill a seat in Parliament unless he is a citizen of India, we find it difficult to accept his other contentions....
0
6,378
2,721
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the Chief Secretary, there was no objection to the respondent being treated as a citizen of India under the Citizenship Ord...
The Citizen Co-Operative Society Limited, Through Its Managing Director, Hyderabad Vs. Assistant Commissioner of Income Tax, Circle-9 (1), Hyderabad
credit facilities to its members are two different types of activities which are covered under this sub-clause.xx xx xx13. So, in our view, if the income of a society is falling within any one head of exemption, it has to be exempted from tax notwithstanding that the condition of other heads of exemption are not satisf...
0[ds]17. We have considered the submissions of the counsel for the parties with reference to the record of this case.18. We may mention at the outset that there cannot be any dispute to the proposition that Section 80P of the Act is a benevolent provision which isent in order to encourage and promote growth ofcooperati...
0
5,867
1,217
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: credit facilities to its members are two different types of activities which are covered under this sub-clause.xx...
SURESHCHANDRA BAGMAL DOSHI Vs. THE NEW INDIA ASSURANCE CO. LTD
the loss of dependency or the future economic loss at Rs.8,000 per month and thereafter a multiplier of 16 was applied. The Tribunal, thus, awarded a sum of Rs.15,36,000 towards loss of dependency benefit; Rs.15,000 towards conventional amount under the head loss of estate; Rs.15,000 towards loss of love and affection ...
1[ds]No doubt the second certificate is dated 8.7.2005, after a lapse of 7 years from the first certificate, but then that would be a more realistic estimate of what a person holding that post would be earning at that stage of time. There is no rebuttal evidence led by the insurance company and we see no reason to doub...
1
1,464
356
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the loss of dependency or the future economic loss at Rs.8,000 per month and thereafter a multiplier of...
Commissioner of Income Tax, West Bengal Vs. Durga Prasad More
were on that account liable to be taxed as income of the assessee in the assessment year 1948. The order of the Income-tax Officer was affirmed by the Appellate Assistant Commissioner. He observed"As the assessee has failed to discharge the onus of proving satisfactorily that the remittances formed really a part of the...
1[ds]But the Tribunal did not record a finding that the income was " from some undisclosed business activity in British India of the assessee. " The assumption made by the High Court that the Tribunal held that the income was from some undisclosed business activity in British India was not warranted4. Again, the total ...
1
1,611
412
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: were on that account liable to be taxed as income of the assessee in the assessment year 1948. The order of t...
Hunsur Plywood Works Limited Vs. Commissioner of Income Tax
It cannot be said that by the issue of bonus shares, the Company had distributed its reserve fund to the shareholders even though it had retained the entire amount with it in the share capital account. 18. It must also be noted that while dealing with the question of valuation of bonus shares in the case of CIT v. Dalm...
1[ds]16. In our view, the principle stated by Lord Finlay really resolves the controversy raised in this case. The profits made by the Company may be distributed as dividends or retained by the Company as its reserve which may be used for improvement of the Companys works, buildings and machinery. That will enable the ...
1
3,268
635
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: It cannot be said that by the issue of bonus shares, the Company had distributed its reserve fund to the shareholders even...
State of Uttarakhand & Anr Vs. Mayan Pal Singh Verma
hearing. Heard Mr. Pradeep Joshi, learned Standing Counsel for the appellant. In this case, the petitioner has assailed the order passed by the Uttarakhand Public Service Tribunal, Dehradun in Claim Petition No. 104/DB/2009 directing the opposite party to ignore the uncommunicated Uttam entries in the ACRs while consid...
1[ds]2.1 From the writ petition produced on record, it appears that the order passed by the Tribunal was challenged on a number of grounds. None of the grounds raised in the writ petition has been dealt with and/or considered by the High Court on merits. There is no discussion at all on any of the grounds raised in the...
1
1,364
918
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: hearing. Heard Mr. Pradeep Joshi, learned Standing Counsel for the appellant. In this case, the petitioner has assailed th...
Union Of India & Others Vs. Iqbal Singh
the Act. They are untouched by the provisions of the Act and are governed by other provisions of law. The statutory rights of claimants to compensation, which crystallize on assessment and verification of claims, are separate rights to property of each claimant covered by the wide definition of "property" in Section 6 ...
0[ds]8. It is true that the Act is intended for payment of compensation for rehabilitation of displaced persons and matters connected therewith. There is, however, nothing in the Act to prevent a claimant from making a gift or a will in respect of the amount he may be entitled to get. No provision of the Act takes away...
0
2,102
953
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the Act. They are untouched by the provisions of the Act and are governed by other provisions of law. The statutory rights...
United Commercial Bank Ltd Vs. Okara Grain Buyers Syndicate Ltd. & Anr
to specify the authority in exercise of which it is claimed that the amount was forfeited. A copy of a letter dated March 4, 1949, from N. A. Haroon, Officer on Special Duty, West Pakistan Government, Finance Department, Lahore, addressed to the Manager, United Commercial Bank Ltd. was also produced by Shamim Yazdani. ...
0[ds]We are of the view, even if Condition No. 5 of the terms of deposit receipt is a condition precedent to the enforcement of the obligation of the Bank in favour of the Syndicate, that the High Court was right in exercise of its equitable jurisdiction to direct that the money be paid to the Syndicate without product...
0
2,957
842
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to specify the authority in exercise of which it is claimed that the amount was forfeited. A copy...
South Indian Bank Limited Vs. A.R. Chacko
to govern the relations between the parties till it is displaced by another contract. The objection that no such benefit as claimed could accrue to the respondent after March 31, 1959 must therefore be rejected.9. This brings us to the last objection that on appointment as accountant, the respondent Chacko ceased to be...
0[ds]The contention is clearly misconceived. The schedule refers specifically to S. 7 of the Act.That section lays down that the appropriate government may, by notification in the official Gazette, constitute one or more Labour Courts for the adjudication of industrial disputes relating to any matter specified in the s...
0
2,791
479
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: to govern the relations between the parties till it is displaced by another contract. The objection that no such b...
Gurjit Singh Sahota Vs. State of Punjab and Another
MATHEW, J.1. The appellant filed a writ petition before the High Court of Punjab and Haryana praying for issue of a writ of certiorari or other appropriate writ or direction quashing an order reverting him from the post of Divisional Soil Conservation Officer (Class I) to the post of Assistant Soil Conservation Officer...
1[ds]7. We think that the grievance of the appellant to the extent that his record of service in the Class I post should have been considered when his juniors were promoted to Class I posts is legitimate. It is true that when the appellant was promoted to Class I on ad hoc basis his record of service in Class II post d...
1
904
194
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: MATHEW, J.1. The appellant filed a writ petition before the High Court of Punjab and Haryana praying fo...
AMBALAL SARABHAI ENTERPRISES LTD Vs. K.S. INFRASPACE LLP
statute or the provision, the literal and strict interpretation has to be applied. It may be noted that important words used in the relevant provisions are immovable property used exclusively in trade or commerce. If the submission on behalf of the original plaintiff is accepted in that case it would be adding somethin...
0[ds]10. Be that as it may, the learned senior advocates on both sides have sought to rely on the legal position decided by the various High Courts in the absence of the pronouncement of this Court. The learned senior advocate in that regard have referred to the various decisions on the same point. However, we do not f...
0
4,004
1,274
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: statute or the provision, the literal and strict interpretation has to be applied. It may be noted that im...
Homely Industries Vs. The Sales Tax Officer, Sector V, Kanpur
been acceded to. We, however, express no opinion on the merits of their claim. 14. Mr. Dikshit appearing on behalf of the respondents strenuously contends that the word "may" in Section 7C (3) makes it optional for the Sales Tax Officer to give or not to give notice to the legal representative for production of documen...
1[ds]Section 7C (3) does not entitle the legal representatives to any notice which the deceased, if alive, would not have been entitled to under the provisions of the Act. Since there was no obligation under the Act for service of a second notice on the dealer, if he were alive, the legal representatives were not entit...
1
2,842
761
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: been acceded to. We, however, express no opinion on the merits of their claim. 14. Mr. Dikshit appearing on...
S. SUBRAMANIAN Vs. S. RAMASAMY AND ORS
has been dealt with and considered by this Court in the case of Ishwar Dass Jain (Supra). In the aforesaid decision, this Court has specifically observed and held :?Under Section 100 CPC, after the 1976 amendment, it is essential for the High Court to formulate a substantial question of law and it is not permissible to...
1[ds]8.1 At the outset, it is required to be noted that as such, both, the learned Trial Court as well as the First Appellate Court dismissed the suits, more particularly, the suit for partition filed by the original plaintiff by holding that the suit properties were not ancestral properties of Sengoda Gounder but were...
1
4,923
1,583
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: has been dealt with and considered by this Court in the case of Ishwar Dass Jain (Supra). In the aforesaid decision, this ...
DR. S.K.JHUNJHUNWALA Vs. MRS. DHANWANTI KUMAR
remained inside. In other words, respondent No.1 failed to prove with the aid of any medical evidence that the stones, which were noticed in the second surgery performed after 11 months, were the same stones which the appellant failed to remove from the Gall Bladder. It is apposite to note the finding of the National C...
1[ds]24. In our view, the facts of the case at hand has to be examined in the light of the aforesaid principle of law with a view to find out as to whether thedoctor by profession and who treated respondent No.1 and performed surgery on her could be held negligent in performing the general surgery of her Gall Bladder o...
1
4,880
1,409
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: remained inside. In other words, respondent No.1 failed to prove with the aid of any medical evidence that t...
M/S:Modi Food Products Co. Limited Vs. Shri Faqir Chand Sharma & Others
an employer is laid-off, he shall be paid by the employer for all days during which he is so laid-off, except for such weekly holidays as may intervene, compensation which shall be equal to fifty per cent. of the total of the basic wages and dearness allowance that would have been payable to him had he not been so laid...
1[ds]We are of opinion that both these contentions arecontention rests on the supposition that the conditions under which workmen could be laid off are conditions as to their service, and that when the employer lays off workmen without proper grounds therefor, it is a violation of the conditions of service within S. 22...
1
3,142
872
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: an employer is laid-off, he shall be paid by the employer for all days during which he is so laid-off...
Northern Plastics Ltd Vs. Hindustan Photo Films Mfg. Co. Ltd.&Ors
duty and obligation under the statute to see that the residential area is not spoiled by unauthorised construction. Under these circumstances it was held that the aggrieved party had sufficient locus standi under Article 226 of the Constitution of India to move the High Court against the violation of the statutory sche...
1[ds]So far as the Union of India is concerned we may proceed on the basis that it may have to subserve a larger public interest by raising the present dispute and may legitimately feel aggrieved by the order of the Additional Collector of Customs. But even if it is so, the statutory procedure laid down by the Parliame...
1
9,471
1,118
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: duty and obligation under the statute to see that the residential area is not spoiled by unauthorised...
V. Dhanapal Chettiar Vs. Yesodai Ammal
taken. This is exactly the reason why we have thought it fit to review all the decisions and lay down a uniform law for all the States. Section 10(1) of the Andhra Pradesh Act provided that a tenant shall not be evicted whether in execution of a decree or otherwise except in accordance with the provisions of this Secti...
0[ds]A lease of immovable property determines under clausethe expiration of a notice to determine the lease, or to quit, or of intention to quit, the property lease, duly given by one party to theis this clause, which brings into operation the requirement of Section 106 of the Transfer of Property Act. Without advertin...
0
8,074
3,517
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: taken. This is exactly the reason why we have thought it fit to review all the decisions and lay down a uniform law for al...
Paramsivam Vs. State Tr.Insp.Of Police
Later at the request of Investigating Officer, body was exhumed in the presence of PW21-Tahsildar. After the body was exhumed, PW34-Dr.Vallinayagam collected the blood for DNA test. Blood samples of PW14-Manickammal and PW15-Subramani (mother and brother of the deceased) were also collected. After conducting DNA test a...
1[ds]Evidence of PWs.3 and 6 also strengthens prosecution version about the grant of lease.8. Filing of suit on 02.1.2004 about two weeks prior to the occurrence heightens the probability of prosecution case. In cases of circumstantial evidence proof of motive is material consideration and a strongThe evidence of PWs.1...
1
3,806
924
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: Later at the request of Investigating Officer, body was exhumed in the presence of PW21-Tahsildar. After the body...
COMMISSIONER OF CUSTOMS, MUMBAI Vs. TEX-AGE
1. The respondents are engaged in the export of ready made garments. It has been making those exports from time to time. These exports were made after fulfilling all the legal requirements. It is also not in dispute that against those exports entire remittance was received by the respondents. The respondents have been ...
0[ds]3. A perusal of the judgment of the CESTAT shows that the entire material placed before it has been discussed and on that basis, a finding of fact is arrived at to the extent that the allegations of flow back of the remittances by way of Hawala could not be proved by the Department. It is further recorded by the C...
0
371
157
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: 1. The respondents are engaged in the export of ready made garments. It has been making those exp...
Inspecting Assistant Commissioner Agricultural Income Tax Vs. Poomuilli Manakkal Parameswaran Namboodripad
a registered deed. The genuineness as well as the validity of the deed is not in dispute. (ii) On January 18, 1960 on behalf of the Agricultural Income-tax Officer, it was conceded before the High Court that the respondent was liable to be taxed only as an "individual". The implication of this concession was that the r...
0[ds]13. Before proceeding to examine the scope of Section 29, let us recapitulate the events that had taken place.-(i) As long back as March 30, 1958, there was a partition in the family of the respondent; that partition is evidenced by a registered deed. The genuineness as well as the validity of the deed is not in d...
0
3,909
1,124
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: a registered deed. The genuineness as well as the validity of the deed is not in dispute. (ii) On January ...
Kathiawar Industries Limited Vs. Jaffrabad Municipality
which gives a list of items which are exempt from octroi duty contains in item No. 6, a sub-item in Gujarat which means "Salt". Thus under item 23 "Salt for Factory" is liable to octroi duty. The octroi duty may be imposed under section 3 on "animals or goods, or both, within the o ctroi limits brought for consumption ...
0[ds]The precise meaning to be given to the words "consumption" and "use will depend upon the context in which they are used. These words are of wide import. In the Constitution of India, Entry 52 in List II in Seventh Schedule a right to impose tax "on entry of goods into the local area for consumption, use or sale" i...
0
2,253
895
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: which gives a list of items which are exempt from octroi duty contains in item No. 6, a sub-item in Guj...
Punjab University, Chandigarh Vs. Vijay Singh Lamba Etc. Etc
notice of the meetings has to go to all the members of the committee and it is left to each individual member whether or not to attend a particular meeting. Every member has thus the choice and the opportunity to attend every meeting of the committee. If any member considers the matter which is to be discussed or deter...
1[ds]It is urged on behalf of the respondents that the possible dissent of the 3rd member, were he present, would have necessitated a reference to the Vice-Chancellor who might not agree with the majority opinion, which shows that no sanctity can attach to a decision rendered by less than the whole body of 3 members of...
1
2,786
356
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: notice of the meetings has to go to all the members of the committee and it is left to each individual membe...
M.K. Prasad Vs. P. Arumugam
that he acted diligently and that there was some reason which prevented him from preferring the appeal during the period of limitation prescribed. If the Judicial Commissioner has held that "within such period" means "the period of the delay between the last day for filing the appeal and the date on which the appeal wa...
1[ds]6. In any case in which a decree is passedthe defendant can apply to the court by which the decree was passed for an order to set it aside and if he satisfies the court that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting aside ...
1
2,073
397
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: that he acted diligently and that there was some reason which prevented him from preferring the appeal during the period o...
Vallabh Das Vs. Dr. Madan Lal & Ors
brought on November 29, 1951 even before the costs of Vallabh Das (the appellant herein) in the previous suit had been paid. Vallabh Das resisted the suit on various grounds. He contended that Dr. Madan Lal was not adopted by Prem Sukh; even if he had been adopted, that adoption was not valid under the Benaras School o...
0[ds]4. The only contention that was seriously pressed before us on behalf of the appellant was that the suit under appeal is not maintainable as the condition precedent imposed by the Court in the earlier suit, namely the payment of defendants costs by the plaintiff before bringing a fresh suit on the same cause of ac...
0
1,331
696
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: brought on November 29, 1951 even before the costs of Vallabh Das (the appellant herein) in the previous suit had been paid...
Devi Cine Projector Manufacturing Company Vs. Commissioner of Income Tax (And Others Appeals)
VENKATACHALIAH J. 1. These four petitions for grant of special leave arise out of the orders of the High Court of Judicature at Madras in the corresponding four tax case petitions, rejecting the assessee applications under section 256(2) of the Income-tax Act, 1961, and the reference of question of law whether the disa...
1[ds]However, as the present special leave petitions arise out of the orders of the High Court rejecting the tax case petitions under section 256(2) of the Act, we should, in the normal course, grant special leave, register the corresponding civil appeals and, after setting aside the orders of the High Court, remit the...
1
720
256
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: VENKATACHALIAH J. 1. These four petitions for grant of special leave arise out of the orders of the High Court of Judicatu...
Collector of Central Excise, Kanpur Vs. Krishna Carbon Paper Co
treatments such as coating, impregnating) stated in that context. In that context, it cannot be said that carbon paper cannot be coated paper as such. Shri Kapil submitted that if carbon paper was there then there was no purpose for introducing two sub-items by the Finance Act of 1982. The Finance Minister, however, ob...
1[ds]Following its previous decision in the case of Sai Giridhara Supply Co. v. Collector of Central Excise, Bombay (1987) 28 ELT 438 (Tri), the Tribunal upheld the contention of the Respondent and held that for the period before the amendment of Central Excise Budget, in 1982, carbon paper fell under Tariff Item 68 an...
1
5,797
2,341
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: treatments such as coating, impregnating) stated in that context. In that context, it cannot be said that carbon paper cann...
The State of Maharashtra Vs. The Walchandnagar Industries Limited
and solatium as permissible under Section 23(2) of the Act on the ground that the said benefit is available only on the compensation for the land and it cannot be granted for severance and injurious affection in respect of the unacquired land.As noted earlier, the notification under Section 4 of the Act was published o...
1[ds]As per the company the costs of transportation of goods by the trolley line was 20 paise per tone per km., whereas by the road transport (by trucks) the transportation cost came to 80 paise per tone per km. and thus resulting into an increase of 60 paise per tone per km. It further claimed that the trolley line wa...
1
13,053
3,165
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: and solatium as permissible under Section 23(2) of the Act on the ground that the said benefit is available only on the comp...
Rathnam P.V Vs. The Premier Automobiles Limited & Others
staff and other employees and meet urgent contingencies. An interpretation which could lead to such a catastrophic situation should be averted. That apart, if any such view is adopted, a fraudulent company can deceive any bona fide person transacting business with the company by stage-managing a petition to be presente...
0[ds]15. Having heard the learned counsel for the parties and having given our anxious consideration to the rival submissions and having regard to the rival versions about the circumstances and the manner in which the appellant claims to have become owner of 3498 equity shares in the company under liquidation, we are o...
0
8,719
1,161
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: staff and other employees and meet urgent contingencies. An interpretation which could lead to such a catastrophic...
Oil and Natural Gas Corporation Ltd Vs. M/s Discovery Enterprises Pvt. Ltd. & Anr
oil and gas sector and DEPL has indicated on the website that it works under the fraternal hood of the said group; (vii) DEPL is promoted and managed by the son and daughter in law of the Managing Director of JDIL; (viii) The bid submitted by DEPL was signed by G D Sharma as an authorized signatory who is an employee o...
0[ds]The interpretation of the term parties vis-à-vis an arbitration agreement under Section 7 has been dealt with by this Court in Indowind (supra) in the context of an application for the appointment of an arbitrator under Section 11(6). In that case, the second respondent company was the promoter of Indowind. The fi...
0
18,565
6,574
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: oil and gas sector and DEPL has indicated on the website that it works under the fraternal hood of th...
Commissioner of Income Tax, Madras Vs. C. G. Krishnaswami Naidu
SARKAR J.1. The respondent, the assessee, entered into financing agree ments with one Krishna Ayyar and from those agreements an income of Rs. 1, 24, 004 became due and receivable by him in the accounting year end ing January 31, 1946, which was the previous year for the assessment year 1946-47. These financing agreeme...
1[ds]5. The assessee would under this provision be entitled to exemption if it is found that the income arose in the State of Mysore. The High Court no doubt held that the income so arose. But that was not the question which had been referred to it and admittedly it had no power to decide a question not referred to itA...
1
924
226
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: SARKAR J.1. The respondent, the assessee, entered into financing agree ments with one Krishna Ayyar and fro...
JAGJIWAN COOP. GROUP HOUSING SOCIETY LTD. & ORS Vs. LT. GOVERNOR, N.C.T. OF DELHI
ARUN MISHRA, J. 1. The appeals have been filed against the impugned judgment and order dated 3.2.2005 passed by a Division Bench of the High Court of Delhi. The case pertains to land acquisition proceedings initiated by way of issuance of notification under section 4 of the Land Acquisition Act, 1894 (the Act). It was ...
0[ds]5. We find that no case for interference is made out in the appeals filed at the instance of the appellants. There is no rhyme or reason to direct de-notification of the land and a prayer in that regard has already been rejected by the appropriate Government. Merely by the fact that one of the appellants is Cooper...
0
701
136
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: ARUN MISHRA, J. 1. The appeals have been filed against the impugned judgment and order dated 3.2.2005 passed by a Division...
Commercial Tax-Officer, Bangalore, Etc. Etc Vs. Sri Venkateswara Oil Mills & Anr. Etc. Etc
principal Act by this Act had not been made, then, notwithstanding anything contained in Section 9 or the said amendments, the dealer shall not be liable to pay any tax under the principal Act, as amended by this Act, in respect of such sale or such part of the turnover relating to such sale."Sub-section (2) of S. 10 p...
1[ds]7. The High Court opined, in our opinion rightly, that in order to attract the power to rectify it is not sufficient, if there is merely a mistake in the order sought to be rectified. The mistake to be rectified must be one apparent on the record. It is well settled that if a subsequent legislation is given retros...
1
1,541
532
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: principal Act by this Act had not been made, then, notwithstanding anything contained in Section 9 or the ...
Commissioner of Income Tax, M.P Vs. Seth Govindram Sugar Mills
firm, but it may, through its karta enter into a valid partnership with a stranger or with the karta of another family. This Court in Kshetra Mohan Sanyasi Charan Sadhukhan v. Commr. of Excess Profits Tax, West Bengal, (1953) 24 ITR 488 : (AIR 1953 SC 516 ), pointed out that when two kartas of different families consti...
0[ds]The accounts only establish that Bachhulal was doing the business of Govindram Sugar Mills Ltd. But Banarsibais name was not found in the accounts. If she was a partner, her name should have found a place in the accounts. Not a single document has been produced on behalf of the assessee which supports the assertio...
0
4,401
698
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: firm, but it may, through its karta enter into a valid partnership with a stranger or with the karta of an...
V. Venugopala Varma Rajah Vs. Commissioner Of Income-Tax, Kerala
The Court observed that if income from the sale of coal from a coal-mine or stone won from a quarry or from the sale of paddy grown on land be regarded as income, but for the special exemption granted under the Income-tax Act, there is no logical reason for holding that income from sale of trees is not income liable to...
0[ds]3. We are of the view that the facts found by the Tribunal are not sufficient to enable us to record an answer to the question. It is not necessary for the purpose of this case to enter upon a detailed analysis of the principle underlying the decisions and to resolve the conflict. On the finding in the present cas...
0
2,675
216
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: The Court observed that if income from the sale of coal from a coal-mine or stone won from a quarry or from the sale of padd...
Suryalaxmi Cotton Mills Limited, Nagardhan Vs. State of Maharashtra
Executive Officer concerned. We, therefore, find that the contention of the learned counsel for the respondents that since the said agreement is in contravention of Rule 7, the Standing committee was justified in invoking powers under Section 142 of the said Act, is without substance. ( 18 ) AS already discussed, Secti...
1[ds]( 16 ) IT could, thus, be seen that the said Rules provide a complete code insofar as issue of payment of lump sum contribution by factory in lieu of taxes is concerned. On an application by the occupier under Rule 3 of the said Rules, the concerned Panchayat is required to consider the same and pass necessary res...
1
5,529
1,606
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: Executive Officer concerned. We, therefore, find that the contention of the learned counsel for the respondents that since...
M/S. Heat Shrink Technologies Limited Vs. Iit Capital Services Limited
with liberty to the Petitioners to lodge their claim with the Official Liquidator in accordance with law. Secondly, it may also be noticed that it appears from the record that during the pendency of the winding up petition, the Company, REPL Engineering Limited, changed its name to Heat Shrink Technologies Ltd., with r...
0[ds]7. No doubt, if a valid reference is pending before the BIFR, normally all the other proceedings need to be stayed. This position of law is of hardly any advantage to the Company on facts of the present case and particularly keeping in mind the conduct of the Company before the Company Court as well as before the ...
0
2,294
746
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: with liberty to the Petitioners to lodge their claim with the Official Liquidator in accordance with law. Secondly, it may...
Shri Tara Chand Vs. Superintendent of Central Excise, Bombay
gold in contravention of any provisions of Part XII-A of the Defence of India Rules renders himself liable for punishment under Rule 126P (2).And on careful study of the material placed before me and satisfying myself that the said Sri Tarachand is liable to action under Rule 126P (2) of the Defence of India Amendment ...
0[ds]12. This authority, in our opinion, quite clearly falls within the notification read as a whole and the High Court was right in so construing it.13. The submission that these notifications must be construed strictly because by these instruments the authority to prosecute is delegated and so construed they should b...
0
3,484
522
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: gold in contravention of any provisions of Part XII-A of the Defence of India Rules renders himself liable for punishment un...
Delhi Subordinate Services Selection Board Vs. Praveen Kumar
considered only on production of prima facie proof as to such invalidating circumstances. The Court shall not assume that a subordinate legislative instruments is invalid for absence of competence or bona fides or fairness or reasonableness and cast the negative burden on the rule-making authority. It should be just th...
1[ds]7. If one goes strictly by the eligibility conditions stipulated in the advertisement or the Rules for recruitment to the post of Teacher (Primary), it cannot be disputed that the upper age limit for consideration to appointment to the aforesaid post is 27 years. It means that any person who has attained the age o...
1
2,590
800
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: considered only on production of prima facie proof as to such invalidating circumstances. The Court shall not assu...
UNION OF INDIA AND ORS Vs. PROBIR GHOSH AND ORS
Delhi High Court by an Order dated 03.10.2018. The petition for review filed by the Union of India was also dismissed on 05.04.2019. As against the order passed in the writ petition and the review petition, the Union of India and the Staff Selection Commission have come up with SLP(C) Nos.30408--30409 of 2019. 18. Leav...
1[ds]26. But unfortunately the High Court, in the impugned order, proceeded on a curious reasoning that all border districts are liable to be treated alike and that once a person is found to belong to one border district, he is entitled to be considered in respect of all border districts.27. The aforesaid reasoning of ...
1
2,626
1,645
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: Delhi High Court by an Order dated 03.10.2018. The petition for review filed by the Union of India was ...
Custodian Of Textile Undertaking,Bombay Vs. Hall & Anderson Ltd
to the said mill was not a part of the textile undertaking. However, this Court came to the conclusion that as a result of modernization resulted in a formation of mill of a much smaller size, the land had become surplus. It was lying vacant. It was not in dispute that the surplus land was under the ownership of the te...
0[ds]the respondent initially started the business of selling various goods and articles from the departmental store operating from the premises under the name and style of M/s Hall & Anderson. The Company purchased the textile mill in Bombay on 12.6.1950 and commenced the additional business of manufacturing and selli...
0
2,921
444
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: to the said mill was not a part of the textile undertaking. However, this Court came to the conclusion ...
Commissioner Of Income-Tax, Bombay City-1 Vs. Godavari Sugar Mills Ltd
permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs." It is, indeed, true that as a result of the order of the Income-tax Officer there is no factual distribution of dividend but it is only a fictional or notional distribution of dividend which was not, in fact, receiv...
0[ds]It is not, in our opinion, necessary to express any concluded opinion on this aspect of the case, because we consider that, in any event, in view of the fact that the Ordinance was in force on the date of the holding of the Annual General Meeting of the respondent thex Officer had no power to pass any order under ...
0
3,273
892
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: permit your imagination to boggle when it comes to the inevitable corollaries of that state of affairs." It i...
Raymond Limited Vs. Raymond Pharmaceuticals Private Limited
numeral, shape of goods, packaging or combination of colours or any combination thereof;13. It was submitted that because a name is included in the definition of the term mark if the defendant uses a name which is identical or similar to the registered trade mark, then it will amount to infringement within the meaning ...
0[ds]6. From the rival submissions and the record following can be taken as an admitted position:(i) That according to averments in the plaint, thetrademark of thePlaintiffs Raymond is registered or is applied for in relation to the goods in Clauses 3, 6, 19, 22, 23, 24 & 25;(ii) The Defendants use the word Raymond as ...
0
6,012
1,882
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: numeral, shape of goods, packaging or combination of colours or any combination thereof;13. It was submitted that because a...
MEDICAL COUNCIL OF INDIA Vs. CHAIRMAN, S.R. EDUCATIONAL AND CHARITABLE TRUST
made on 5th and 6th December 2016, gross deficiencies were found and due to that the MCI on 28.1.2017 recommended the Central Government to debar the college for two academic years and to encash the bank guarantee. On 31.5.2017, Government of India accepted the recommendations of the MCI. As the first batch admitted in...
1[ds]It is apparent from the aforesaid regulation that in the case of the third batch, deficiencies of teaching faculty and/or residents are found to be more than 30% and bed occupancy less than 50%, a college cannot be given an opportunity for compliance in the same year.15. In the case of the 4th and 5th batch as pro...
1
11,255
5,408
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: made on 5th and 6th December 2016, gross deficiencies were found and due to that the MCI on 28.1.2017 recommended the Cent...
NITIN BANDOPANT SALAGRE Vs. THE STATE ELECTION COMMISSION & ANR
duly elected and the High Court is of opinion—(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes,the ...
1[ds]9. The present is a case where returned candidates have been held to be disqualified on account of invalidation of caste certificate. The disqualification of the returned candidates, who were initially elected from concerned ward of the Municipal Corporation has attained finality giving rise to casual vacancy in t...
1
8,035
1,586
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: duly elected and the High Court is of opinion—(a) that in fact the petitioner or such other candidate receive...
Gannon Dunkerley & Co. Ltd Vs. Union Of India
the site, were referred to arbitration, but not the claims for revision of rates due to complex nature of the work and increase in the quantity of work. The arbitrator rejected the claims of the Company in respect of the matters which were referred.5. Thereafter the appellant Company filed a suit on August 9, 1956, aga...
1[ds]9. Article 56 of the First Schedule to the Indian Limitation Act, 1908, prescribes a period of three years for a suit for the price of work done by the plaintiff for the defendant at his request, where no time has been fixed or payment, and the period of limitation commences to run from the date when the work is d...
1
2,049
462
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the site, were referred to arbitration, but not the claims for revision of rates due to complex nature of the...
Pushpam Pharmaceuticals Company Vs. Collector of Central Excise, Bombay
1. The only question that arises for consideration in this appeal is whether the Department was justified in initiating proceedings for short levy by invoking proviso to Section 11-A of the Central Excises and Salt Act, 1944 for the years 1978-79, 1979-80, 1980-81 and 1981-82. 2. The appellant manufactured an item fall...
1[ds]No rule could be pointed out requiring a manufacturer to disclose the turnover of exempted goods. Even assuming it was, the appellant could not be held guilty of suppression when the law itself was notempowers the Department to reopen proceedings if the levy has beenor not levied within six months from the relevan...
1
636
264
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: 1. The only question that arises for consideration in this appeal is whether the Department was justified in...
A.Savariar Vs. The Secretary Tnpsc
leveled against the appellant were that he had unauthorisedly produced office note dated 17.2.1990 in the Court and went to the examination hall by neglecting his office work. 15. On behalf of the Commission oral evidence is said to have been adduced to substantiate the allegations leveled against the appellant but nei...
1[ds]20. De hors the above conclusion, we are satisfied that the punishment of dismissal imposed on the appellant is legally unsustainable. The Controller of Examinations and the Chairman of the Commission did not consider the impact of the alleged unauthorized action of the appellant in nominating/deputing substitute ...
1
3,845
344
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: leveled against the appellant were that he had unauthorisedly produced office note dated 17.2.1990 in the Court and went t...
NATIONAL ALUMINIUM COMPANY LTD Vs. SUBHASH INFRA ENGINEERS PVT. LTD AND ANR
Thousand Four Hundred and Forty Only). The respondent/SIE was directed to deposit the said amount otherwise the appellant will be forced to invoke Arbitration Clause as per Clause 22 of NIT and Clause 87 of the General Conditions of Contract. Then, the first respondent/SIE has disputed the claim made by the appellant, ...
1[ds]14. Having regard to aforesaid judgment of this Court and various communications between the parties, we are in agreement with the submission made by the learned senior counsel for the appellant that, if the first respondent wants to raise an objection with regard to existence or validity of the arbitration agreem...
1
1,529
282
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Thousand Four Hundred and Forty Only). The respondent/SIE was directed to deposit the said amount otherwise ...
M. K. Ranganathan And Another Vs. Government Of Madras And Others
such sale could be effected by him after the amendment and that was certainly a fundamental alteration in the law which could not be effected unless one found words used which pointed unmistakably to that conclusion or unless such intention was expressed with irresistible clearness.Having regard to the circumstances un...
0[ds]16. The corresponding provisions of the Indian Companies Act have been almost bodily incorporated from those of the English Companies Act and if there was nothing more, the position of the secured creditor here also would be the same as that obtaining in England and he would also be outside the winding up and a sa...
0
5,812
773
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: such sale could be effected by him after the amendment and that was certainly a fundamental alter...
Sheo Lal And Ors Vs. Sultan & Ors
and before a suit for redemption is barred, present a petition to the Collector applying for an order directing that his mortgage be redeemed, and where the mortgage is with possession that he be put in possession of the mortgage property.* * *Sections 5, 6 and 7 deal with the procedure to be followed in the trial of a...
0[ds]6. We are unable to agree with the appellants contention that since no suit was filed within one year of the date on which the application of the plaintiffs was rejected by the Assistant Collector, the order dismissing the application was conclusive, and the suit for redemption by the plaintiffs was not maintainab...
0
1,780
587
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: and before a suit for redemption is barred, present a petition to the Collector applying for an o...
Balbir Singh Negi Vs. U O I
may be problems only of book-keeping and accountancy and nothing of law in such proceedings. Therefore, it cannot be inferred straight away that because the sales tax practitioner has been given a right to appear before a statutory authority, he is practising the profession of law.9. There is also another aspect of the...
0[ds]5. It clearly appears that a distinction has been drawn between a legal practitioner and a sales tax practitioner in Section 71. Both may appear before an authority in connection with sales tax cases. That will not turn a sales tax practitioner into a legal practitioner. Even a relative or an employee of an assess...
0
3,320
1,232
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: may be problems only of book-keeping and accountancy and nothing of law in such proceedings. Therefore,...
UNION OF INDIA Vs. RAMCHANDRA & ORS
land. In contrast, clause fourthly of Section 23(1) deals with the damage sustained by reason of the acquisition injuriously affecting, (i) the other movable property; (ii) the other immovable property; and/or (iii) the earnings of the person interested. 23. A reading of the abovesaid judgment shows that there was an o...
0[ds]14. A perusal of the Indian Railways Way and Works Manual (para 827) and also the Circular dated 8.9.1988 shows that 30 meters of land on both sides of railway line can be said to be restricted area but it does not mean that the land cannot be utilized for any purpose. The communication dated 19.12.1991 on behalf ...
0
5,839
3,034
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: land. In contrast, clause fourthly of Section 23(1) deals with the damage sustained by reason of the acquisit...