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Babulal Swarupchand Shah Vs. South Satara (Fixed Delivery) Merchant'S Association Limited & Another
have got into anothers possession in consequence of some unlawful dealings between them, the true owner can never be allowed to recover those goods by an action. The necessity of such a principle to the interests and advancement of public policy is certainly not obvious. The suggestion that it exists is not, in our opi...
1[ds]Now, this company was formed with an avowed purpose of regulating the dealing in forward transactions in several commodities. As such it had framed certain rules. The rules of the company show that the members parties who had made transactions with each other had to meet and settle their liabilities and after sett...
1
3,577
1,432
### 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: have got into anothers possession in consequence of some unlawful dealings between them, the true owner...
HASMAT ALI Vs. AMINA BIBI & ORS
the High Court under sub-section (4) thereof. The expression appeal has not been defined in the CPC. Blacks Law Dictionary (7th Edn.) defines an appeal as a proceeding undertaken to have a decision reconsidered by bringing it to a higher authority. An appeal is judicial examination by a higher court of a decision of a ...
0[ds]11. It is clear from the aforesaid provisions, particularly, sub-section (5) of Section 100 of the CPC, that an appeal shall be heard only on the questions formulated by the High Court under sub-section (4) thereof. The expression appeal has not been defined in the CPC. Blacks Law Dictionary (7th Edn.) defines an ...
0
2,136
762
### 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 High Court under sub-section (4) thereof. The expression appeal has not been defined in the CPC. Blacks Law Dictionary (...
Mathuralal Vs. Keshar Bai And Another
on the principal amount of Rs. 500/-. 13. In contrast with the above cases reference may be made to the case of Jankidas v. Laxminarain, ILR (1957) 7 Raj 268 = (AIR 1957 Raj 32 ). In this case the plaintiffs who were usufructuary mortgagees of a house gave a lease of it to the defendant mortgagor on rent and put the le...
0[ds]15. The reasoning of the Rajasthan judgment seems to be logical and commends itself to us.In all such cases the easing back of the property arises because of the mortgage with possession but we find ourselves unable to hold that the mortgagee does not secure to himself any rights under the deed of lease but must p...
0
3,860
536
### 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: on the principal amount of Rs. 500/-. 13. In contrast with the above cases reference may be made to the case of Jankidas v. ...
Soundararaj Vs. Devasahayam and Others
removal of portions of the eaves of the respondents buildings west of ZI and IJ and north of JR.The first appellate courts judgment has not been made available in the records before us. But it is seen from the judgment of the learned Single Judge of the High Court in the second appeal that the learned Subordinate Judge...
1[ds]But when the review petition filed by the respondents came up before the learned Single Judge he noticed the error in the measurement of the diagonal line JC in the Government survey plan Ex. A-3 pointed out by the Trial Court and opined that in view of that mistake there should be a fresh consideration of the que...
1
1,720
583
### 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: removal of portions of the eaves of the respondents buildings west of ZI and IJ and north of JR.The fir...
Mannalal Jain Vs. The State Of Assam And Others
open to the licensing authority to give preference to co-operative societies if it was of the opinion that granting a license to a co-operative society in a particular locality would facilitate the objects of S. 3 of the Act. This is not what the licensing authority did. He repeatedly refused a license to the petitione...
1[ds]Obviously enough it is open to the licensing authority to consider all matters relevant to the grant or refusal of a license and the five matters enumerated in the clause merely highlight some of those matters. All that can be said is that sub-cl.(e) enables the licensing authority to prefer a co-operative society...
1
5,802
713
### 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: open to the licensing authority to give preference to co-operative societies if it was of the opinion that...
ASSAM INDUSTRIAL DEVELOPMENT CORPORATION LTD Vs. GILLAPUKRI TEA COMPANY LIMITED & ORS. ETC
action required of the State Government was to approve the award which was already in the statutorily prescribed form. This is precisely what was done vide the letter dated 05.03.2010 issued by the Deputy Secretary to the Government of Assam, Revenue Department. 14. This letter dated 05.03.2010 was issued in response t...
1[ds]Needless to say, if the award was not approved on 05.03.2010, but rather on 06.01.2014 as contended by the first respondent, then the 2013 Act will be applicable and the first respondent will be eligible to receive compensation in accordance therewith.13. To determine whether the award had indeed been approved on ...
1
2,710
1,241
### 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: action required of the State Government was to approve the award which was already in the statutorily p...
Agha Abdul Jabbar Khan Vs. Commissioner of Income Tax, M.P
1 lakh could be assessed in the hands of the assessee under section 16(3) of the Act ?" The facts of the case, as set out in the statement of the case. submitted by the Tribunal, are as follows2. The assessee, a Muslim, claimed in his assessment proceedings for the assessment year 1961-62 that a particular item of inco...
1[ds]In our opinion the High Court had no jurisdiction to raise new questions of law. The questions raised by it do not flow from the question referred to it for its opinion. The High Courts power under the Act is only to give its opinion on the questions of law referred to it by the Tribunal. It cannot take into consi...
1
1,235
273
### 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: 1 lakh could be assessed in the hands of the assessee under section 16(3) of the Act ?" The facts of the case, as ...
Gtc Industries Ltd Vs. Collector Of Central Excise, New Delhi
on which the sealed envelope had been opened pursuant to the High Courts direction and the said adjudication order shown to Counsel for the parties. The contention that the Boards order had been passed beyond the period stipulated in Section 35E was, therefore, negatived. The Tribunal referred to the application made t...
1[ds]10. Section 35E(1) empowers the Board to call for and examine the record of any proceeding in which the Collector of Central Excise, as an Adjudicating Authority, has passed any decision or order under the Act for the purpose of satisfying itself as to the legality and propriety thereof. It can direct the Collecto...
1
1,996
346
### 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: on which the sealed envelope had been opened pursuant to the High Courts direction and the said adjudication order shown t...
Ramdhandas & Another Vs. State of Punjab
notification No. 6567. S-Lab. 58/1737-RA. Dated June 1, 1958.)3. all booking offices of the Transport Services.(vide Punjab Government notification No. 6147/5815-C-Lab-58/1741-RA, dated June 1, 1958.)"2. The second category of cases are those covered by the second and third provisos to S. 9. Action has been taken under...
0[ds]we may point out that the provisions of the Act contemplate that establishments might fall under three categories: (1) where it is necessary in the public interest, and having regard to the service which they render to the community, that the normal hours of working should not be subject to the restrictions impose...
0
3,227
410
### 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: notification No. 6567. S-Lab. 58/1737-RA. Dated June 1, 1958.)3. all booking offices of the Trans...
The Commissioner Of Income-Tax, West Bengal I,Calcutta Vs. M/S. Vegetables Products Ltd
(a) (i) is accepted as correct, the result would be that the advance tax paid or taxes deducted at the source cannot be taken into consideration in determining the penalty payable. If that be true, the Counsel urged that even if the assessee had paid more tax than he need have paid, but had not submitted his return wit...
0[ds]The word "assessed is a term often used in taxation laws. It is used in several provisions in the Act. Quantification of the tax payable is always referred to in the Act as a tax "assessed". A tax payable is not the same thing as tax assessed. The tax payable is that amount for which a demand notice is issued unde...
0
2,270
500
### 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: (a) (i) is accepted as correct, the result would be that the advance tax paid or taxes deducted at the source cannot be ta...
RAJENDRA SINGH AND OTHERS Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS
NAVIN SINHA, J. 1. Leave granted. 2. The High Court by the impugned order dismissed two appeals arising from separate orders of the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) deciding two accident compensation claims. The appellants had claimed further enhancement of compensation. 3. The d...
0[ds]8. We have considered the submission on behalf of the parties. No evidence has been led by the appellant with regard to any income of the first deceased from dairy business. The deceased were travelling in a horse cart along with others to a religious congregation. It is not the case of the respondents that the fi...
0
696
1,035
### 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: NAVIN SINHA, J. 1. Leave granted. 2. The High Court by the impugned order dismissed two appeals arising...
SHAMANNA Vs. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD
(3) of Section 168 of the Act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award by the Tribunal. (xi) The provisions contained in sub-section (4) with the proviso there under and sub-section (5) which are intended to cover specified co...
1[ds]7. As per the decision in Swaran Singh case, onus is always upon the insurance company to prove that the driver had no valid driving licence and that there was breach of policy conditions. Where the driver did not possess the valid driving licence and there are breach of policy conditions, pay and recover can be o...
1
2,751
818
### 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: (3) of Section 168 of the Act the insured fails to deposit the amount awarded in favour of the in...
State Of Maharashtra and Ors Vs. Sukhdeo Singh And Anr.
present case also since the conviction and sentence were pronounced on the same day, the capital sentence awarded to the accused should not be confirmed. In the decision relied on, to which one of us (Ahmadi, J.) was a party and who spoke for the Court, it was emphasised that S. 235(2) of the Code being mandatory in ch...
0[ds]12. The facts of which we have given a brief resume make it crystal clear that broadly speaking the prosecution case has two elements, the first relating to the charge of criminal conspiracy and the various criminal acts done in furtherance thereof and the second relating to the actual murder of General Vaidya. Th...
0
22,612
12,264
### 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: present case also since the conviction and sentence were pronounced on the same day, the capital ...
Nabha Power Limited (NPL) Vs. Punjab State Power Corporation Limited (PSPCL) & Another
is the only mode of transportation when the siding has not been made, albeit on account of land acquisition problems.65. The plea of the first respondent that despite the absence of rail siding, if the appellant proceeded to operate the plant, that was their `business decision, cannot be sustained for the reason that t...
1[ds]10. The dispute really is about the interpretation of the provisions of the PPA dated 18.1.2010 and is, thus, one of pure interpretation of the terms of the contract.The contours of the controversy show that we are really concerned with the interpretation of the commercial contract inter se theView:49. We now proc...
1
16,810
2,484
### 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: is the only mode of transportation when the siding has not been made, albeit on account of land acquisition ...
Madan Naik by Legal Representatives and Ors. Vs. Hansubala Devi and Ors.
made for setting aside abatement of appeal, an order refusing to set aside abatement is appealable as an order under Order 40, Rule 1 (k) CPC. There being a specific provision conferring a right of appeal one can resort to the same. 7. The first error occurred when after disposing of the appeal as having abated the lea...
1[ds]6. When an appeal is disposed of having abated and thereafter an application is made for setting aside abatement of appeal, an order refusing to set aside abatement is appealable as an order under Order 40, Rule 1 (k) CPC. There being a specific provision conferring a right of appeal one can resort to the same7. T...
1
2,817
1,082
### 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: made for setting aside abatement of appeal, an order refusing to set aside abatement is appealable as an order under Order ...
ANANDRAO RAMCHANDRA SALUNKE Vs. LIFE INSURANCE CORPORATION OF INDIA
company in advance to make up the deficiency in later premiums to cover the annual cost of insurance, instead of being retained by the assured and paid by him to the company in the shape of greatly increased premiums, when the risk is greatest. It is the net reserve required by law to be kept by the company for the ben...
1[ds]11. There are popular misconceptions about the concept of surrender value in the sphere of life insurance. In a policy of fire insurance, a policy holder has no expectation of a surrender value. In contrast, a holder of a policy of life insurance may believe (as the appellant in this case does) that their surrende...
1
4,064
1,051
### 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: company in advance to make up the deficiency in later premiums to cover the annual cost of insurance, i...
Prakash Vs. State Of Karnataka
if the evidence is to be used against him and the conviction is intended to be based upon it. It follows that if the accused is not given an opportunity to explain the circumstances against him in the testimony of the witnesses, then those circumstances cannot be used against him, whether they prejudice him or not. Thi...
1[ds]It cannot, therefore, be definitely concluded that Prakash was being served dinner by Gangamma at about 8.30 p.m. on 5th November, 1990 or that he stayed in her house thereafter. But it is clear that even if Prakash was there, he was not alone with Gangamma when she served dinner.25. Two questions immediately aris...
1
8,190
1,897
### 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: if the evidence is to be used against him and the conviction is intended to be based upon it. It foll...
Ehsan Khalid Vs. Union of India Thr. Secretary & Others
1. Permission to argue in-person is granted. 2. In this Writ Petition (Public Interest Litigation), the issue with regard to divestment of 10% equity of Coal India Limited (CIL) in October 2010 has been raised. It is alleged that powerful financial institutes usurped the natural resources only on payment of Rs. 15,200 ...
0[ds]9. What was involved in the present case was not the sale of assets but sale of equity capital. If after following the ICDR and on taking into consideration the relevant methodologies of valuation for sale of equity capital the price band of Rs.per share was fixed, it cannot be said that the price band so fixed wa...
0
679
169
### 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: 1. Permission to argue in-person is granted. 2. In this Writ Petition (Public Interest Litigation), the issue with...
Burmah Shell Oil Distributing Now Known As Bharat Petroleum Vs. Khaja Midhat Noor and Others
or consistent in the statements embodied in them, may still be good and effective in law; that the test of their sufficiency is not what they would mean to a stranger ignorant of all the facts and circumstances touching the holding to which they purport to refer, but what they would mean to tenants presumably conversan...
0[ds]In that view of the matter, we are of the opinion that the High Court was right. The suit in question was instituted in May, 1979 and the valid notice to quit was given long after the expiry of the period of lease. The sub-lessee had long innings. It is time for him to quit. There is no merit in this petition.
0
3,084
73
### 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: or consistent in the statements embodied in them, may still be good and effective in law; that the test of their sufficie...
Sooguru Subrahmanyam Vs. State of A.P
undented, for nothing has been put to him in the cross-examination except that he was making efforts to oblige the police. It has come in the evidence of PW-13, the Investigating Officer, that the lock was broke open in the presence of the witnesses and the dead body was found in the room. He has spoken about the seizu...
0[ds]9. On the basis of the said injuries, he has expressed the opinion that the deceased had died of asphyxia as a result of smothering and the time of death was 36 to 40 hours prior to his examination. The aforesaid injuries and the opinion has clearly revealed that the death was homicidal. In examination-in-chief, h...
0
3,847
1,900
### 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: undented, for nothing has been put to him in the cross-examination except that he was making efforts to oblige th...
PSA Mumbai Investments Pte. Limited Vs. The Board of Trustees of the Jawaharlal Nehru Port Trust and Ors
in connection therewith". Therefore, it is evident that the General Conditions of Contract (Section III) and Clause 20 therein providing for arbitration, will not apply in regard to any dispute in regard to the tender or bid, or non-placing of a purchase order, but will apply only in regard to any contract awarded by B...
1[ds]13. On a conjoint reading of the aforesaid clauses, a few things become clear - (i) first and foremost a Disclaimer at the forefront of the RFP makes it clear that there is only a bid process that is going on between the parties and that there is no concluded contract between the same (ii) it is equally clear that...
1
8,536
687
### 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: in connection therewith". Therefore, it is evident that the General Conditions of Contract (Section III) and ...
RAKESH Vs. BOARD OF REVENUE U.P.
and 131 of the principal Act, the following sections shall be substituted, namely:-- 130. Bhumidhar with transferable rights.--Every person belonging to any of the following classes, not being a person referred to in section 131, shall be called a bhumidhar with transferable rights, and shall have all the rights and be...
1[ds]6. The High Court in its impugned judgment has taken the view that insofar as Suit No. 31 of 1978 filed by respondent was concerned, Bhumidhari Sanad was granted in favour of Pursottam (deceased), although, after his death but the said Sanad will have retrospective effect making Pursottam Bhumidhar w.e.f. 25.11.19...
1
5,501
1,244
### 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: and 131 of the principal Act, the following sections shall be substituted, namely:-- 130. Bhumidhar with transfera...
Bulchand Chandiram of Bombay Vs. Bank of India Limited, Bombay
Sch. G to the petition. We see no reason for differing from the finding of the High Court. The liability on the Loan Account and on the Cash Credit Account was solely that of the appellant and therefore the question of apportionment of the debt under s. 22 of the said Act does not arise.8. The next question arising in ...
0[ds]In support of this appeal Mr. Chagla contended, in the first place, that no interest should have been allowed to the Bank from August 15, 1947 in view of the provisions of s. 29 of the said Act. We are unable to accept this argument as correct. Proviso, (b) to s. 29(1) of the said Act confers a discretion on the T...
0
4,724
1,460
### 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: Sch. G to the petition. We see no reason for differing from the finding of the High Court. The li...
Buddu Satyanarayana And Others Vs. Konduru Venkatapayya And Others
made. In the copies of the Inam Register and Inam Statement filed in that case the Archakas were shown as the grantees and the present enjoyers of the Inam grant and the amount shown under the heading in column 2 of the Inam register as the assessment was the same as the amount shown under column 3 of the Inam Statemen...
0[ds]It is true that the original grant is not forthcoming but turning to the evidence we find two documents which appear to us to be decisive on the question of title. The first one is Exhibit P/3, a copy of the relevant entries in the Inam Register of 1860. This Inam Register was prepared after enquiries made by the ...
0
2,708
669
### 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: made. In the copies of the Inam Register and Inam Statement filed in that case the Archakas were shown as t...
Nitinbhai Saevantilal Shah Vs. Manubhai Manjibhai Panchal
in which Section 326 (3) is couched, leaves no manner of doubt that when a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor. In summary proceedings, the successor Judge or Magistrate ha...
0[ds]The manner in which record in summary trials is to be maintained is provided in Section 263 of the Code. Section 264 mentions that in every case tried summarily in which the accused does not plead guilty, the Magistrate shall record the substance of evidence and a judgment containing a brief statement of the reaso...
0
3,073
686
### 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: in which Section 326 (3) is couched, leaves no manner of doubt that when a case is tried as a summary case ...
H.E.H. Nizam'S Religious Endowment Trusthyderabad Vs. Commissioner Of Income-Tax, Andhra Pradesh,Hyderabad
second part is applied or finally set apart for application. The words applied or finally set apart for application in the second part indicate that unless the income from the said property is applied or finally set apart for the purposes within the taxable territories, the said income does not earn the exemption. Ther...
1[ds]Under this section a particular class or kind of income is exempted from taxation.It is settled law that the burden is on the Revenue Authorities to show that the income is liable to tax under the statute; but the onus of showing that a particular class of income is exempt from taxation lies on the assessee. To ea...
1
3,187
826
### 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: second part is applied or finally set apart for application. The words applied or finally set apart for...
Workmen of The Rajasthan Atomic Power Project Vs. Management of The Rajasthan Atomic Power Project
Gupta, J.1. The following dispute was referred under S.10(2) of the Industrial Disputes Act, 1947 for adjudication to the Central Government Industrial Tribunal-cum-Labour Court, Jabalpur :"Whether the action of the Management of Rajasthan Atomic Power Project, Post Office Anushakti, via Kota in giving a notice of chan...
1[ds]3. It seems to us that the question whether the staff car drivers of the project were motor transport workers as defined in the Motor Transport Workers Act, 1961 was not relevant to the issue before the Tribunal. The workmen were not seeking to enforce their right to overtime allowance under the Motor Transport Wo...
1
1,022
302
### 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: Gupta, J.1. The following dispute was referred under S.10(2) of the Industrial Disputes Act, 1947 for a...
Manohar Lal Vs. Vinesh Anand
way with reasonable legal justification and that in such cases, ethical considerations operate and ought to operate.25. In that uncertain state of law, the Law Commission observed in paragraph 15.99 of its Report that it felt that in any concrete case this question is bound into create problem of interpretation and acc...
0[ds]In almost every case except the very plainest, it would be possible to decide the issue either way with reasonable legal justification and that in such cases, ethical considerations operate and ought to operate.25. In that uncertain state of law, the Law Commission observed in paragraph 15.99 of its Report that it...
0
5,830
1,054
### 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: way with reasonable legal justification and that in such cases, ethical considerations operate and ough...
Kanumukkala Krishnamurthy Vs. State of Andhra Pradesh
stage of the Government passing an order of appointment and that therefore the Government itself was deceived by the misrepresentation he had made in his application presented to the Service Commission. 17. The fact that the Service Commission is an independent statutory authority has no relevant bearing on this questi...
1[ds]9. The Courts below, as already stated, found that the appellant cheated the Service Commission by deceiving that he held the degree of M. B. B. S., and by intentionally inducing the Commission to recommend his appointment to the post of Civil Assistant Surgeon, IInd Class, and that this act of the Service Commiss...
1
3,843
1,411
### 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: stage of the Government passing an order of appointment and that therefore the Government itself was deceived by the misr...
INDSIL HYDRO POWER Vs. STATE OF KERALA
a period of five years from 1994 to 1999. These concessions were independent of and would not therefore disentitle the appellant to the benefit of the agreement that was entered into with KSEB on 30 December 1994. The grant of a concessional tariff is a matter of policy to encourage new industries to set up operations ...
1[ds]33. While assessing the merits of the rival contentions, this Court must be cognizant of the fact that the invocation of the power of judicial review under Article 226 of the Constitution of India was in the context of a contract which was entered into between the appellant and KSEB in pursuance of a policy initia...
1
6,218
1,446
### 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: a period of five years from 1994 to 1999. These concessions were independent of and would not therefore disen...
K. ANANDA RAO Vs. SRI S.S. RAWAT, IAS
by the Government. It further stated that if an employee was retired on attaining age of 58 years, he/she shall be reinstated and continued upto 60 years. However, this GO dated 08.08.2017 did not in any way depart from or dilute the principles as to what would be the situation in case of interregnum period or gap peri...
0[ds]10. It is true that the initial orders dated 27.04.2017, 05.05.2017 and 09.05.2017 were passed in matters pertaining to the employees of Gurukulam or Society. All these orders were ex-parte orders. Insofar as the employees of the Society are concerned, it was submitted before this Court on 27.04.2017 that a decisi...
0
7,349
1,454
### 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: by the Government. It further stated that if an employee was retired on attaining age of 58 years, he/she s...
UNION OF INDIA & ORS Vs. M/S EXIDE INDUSTRIES LIMITED & ANR
the legislature over the power of the judiciary. A courts directive must always bind unless the conditions on which it is based are so fundamentally altered that under altered circumstances such decisions could not have been given. This will include removal of the defect in a statute pointed out in the judgment in ques...
1[ds]Constitutional validity of clause (f)13. In the present case, the legislative power of the Parliament to enact clause (f) in the light of Article 245 is not doubted at all.It is no more res integra that the examination of the Court begins with a presumption in favour of constitutionality. This presumption is not j...
1
10,526
3,155
### 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: the legislature over the power of the judiciary. A courts directive must always bind unless the conditions on whic...
STATE OF GUJARAT Vs. UTILITY USERS WELFARE ASSOCIATION THROUGH ITS PRESIDENT
the ‘trappings of the Court’, an aspect we have agreed to hereinbefore. Once it has the ‘trappings of the Court’ and performs judicial functions, albeit limited ones in the context of the overall functioning of the Commission, still while performing such judicial functions 58 Another distinguished jurist who served as ...
0[ds]T.C.(C) No.140/2015 and T.C.(C) No.137/2015 & IA Nos.3 & 4/201654. There was really no fresh material addressed before us so far as the aforesaid petitions are concerned.55. Insofar as IA Nos.3 & 4/2016, filed by CLP Wind Farms Private Limited, seeking intervention in T.C.(C) No.137/2015, are concerned, the prayer...
0
19,725
1,695
### 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: the ‘trappings of the Court’, an aspect we have agreed to hereinbefore. Once it has the ‘trappings of the Court’ and perf...
Amritlal Nathubhai Shah and Others Vs. Union Government of India and Another
and (4) of section 17 of the Act to which our attention has been invited by Mr. Sen on behalf of the appellants for the argument that they are the only provisions for specifying the boundaries of the reserved areas, and as they relate to prospecting or mining operations to be undertaken by the Central Government, they ...
0[ds]The argument is however untenable because the aforesaid sub-sections of section 17 do not cover the entire field of the authority of refusing to grant a prospecting licence or a mining lease to any one else, and do not deal with the State Governments authority to reserve any area for itself. As has been stated, th...
0
2,330
691
### 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: and (4) of section 17 of the Act to which our attention has been invited by Mr. Sen on behalf of the appell...
Commissioner of C. Ex Vs. Mahindra Ugine Steel Company Ltd
it is not in dispute that ultimately the manufacturer of the motor vehicle pays the excise duty on the motor vehicle parts which are manufactured by the respondent on undertaking the aforesaid job work. 3. The question before us, in the present appeal, is as to whether Rule 8 of the Central Excise (Valuation) Rules, 20...
0[ds]Thus, this Rule would be applicable only in those cases that assessee is related in the manner specified in either of(ii),(iii) or (iv) of clause (b) of(3) of Section 4 of the Act and not in those cases where the person is related in the manner as stated in clause (i) thereof. In those cases where Rule 9 is applic...
0
1,386
353
### 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: it is not in dispute that ultimately the manufacturer of the motor vehicle pays the excise duty on the motor...
Ajodhya Bhagat & Others Vs. The State of Bihar & Others
Section 6 notification is not by the Collector but by the local Government, and, therefore, it is bad. Fourth, the notification is for Patna Improvement Trust but it appears that it is for the Samiti. The Samiti paid the money but the provisions of Part VII of the Act have not been followed.17. The Solicitor General ri...
0[ds]19. The High Court said that the Government was unable to produce the file conveying the decision of the Government. The High Court said that theof the Government order in the Secretariat file must in the circumstances be attributed to the deliberate destruction of the relevant papers by the interested parties." T...
0
2,514
843
### 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: Section 6 notification is not by the Collector but by the local Government, and, therefore, it is bad. Fourth, the notific...
Ilac Limited Vs. Union of India
to grant permission to close down the factories. Thereafter, on 29. 5. 1985, Company sought permission of the Labour commissioner under Section (25-M) to lay-off the workmen with effect from 23. 5. 1985 on the ground of shortage of electricity supply. By impugned order dated 25. 7. 1985, the Deputy Labour commissioner ...
0[ds]( 5 ) THE above events clearly indicate that right from 1981 attempts were made to close down the company on one excuse or the other. Initially in 1981 closure was sought to be effected on the footing that imports of the raw material were not available. The closure permissions as refused. ILAC came on the scene in...
0
1,202
542
### 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: to grant permission to close down the factories. Thereafter, on 29. 5. 1985, Company sought permission of th...
State of Tamil Nadu vs Vs. P.K. Sinha and Ors
case of any emergency situation, a minimum of 48 hours notice shall be given for holding a meeting.2) In case, the State which is likely to be affected is not represented in the meeting, then the possibility of calling another meeting will be examined by the Committee.Provided that if the situation is such that it is n...
1[ds]13. As aforementioned, the comments on the draft corrected scheme are mainly at the behest of State of Karnataka and State of Kerala. No suggestion has been offered by the State of Tamil Nadu to the corrected draft scheme, except to submit that the implementation of the scheme should be with utmost dispatch in con...
1
7,481
871
### 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: case of any emergency situation, a minimum of 48 hours notice shall be given for holding a meeting.2) In cas...
Oriental Insurance Co. Ltd Vs. Bhoop Singh & Others
Insurance Co. Ltd. has challenged the order passed by the High Court in which direction is issued to the appellant to pay the entire compensation to the injured. It holds that the policy was comprehensive with no limitation to the third party. The submission on behalf of the appellant is that its statutory liability is...
1[ds]The submission is, the courts below rightly held based on this that the liability is unlimited.5. Firstly, we find the High Court fell into error in recording his finding for disbelieving the copy based onhis own personal knowledge, which cannot be sustained. We also scrutinised the said copy filed by the appellan...
1
1,104
343
### 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: Insurance Co. Ltd. has challenged the order passed by the High Court in which direction is issued to the appellan...
Nandkishore Shravan Ahirrao Vs. Kosan Industries (P) Ltd
Dr Dhananjaya Y Chandrachud, J.1. Leave granted.2. The appellant was employed in the Assembly department of the respondent. He was served with a charge-sheet on 26 June 1992. The charge against the appellant was of causing disruption of work between 1050 am and 12 noon on 17 June 1992. Following a departmental enquiry,...
1[ds]We find merit in the submission7. Ex facie, the Labour Court having awarded reinstatement to the appellant, continuity of service would follow as a matter of law. The award of the Labour Court dated 27 February 2008 does not specifically deny continuity of service. Hence the observation of the High Court to the ef...
1
739
228
### 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: Dr Dhananjaya Y Chandrachud, J.1. Leave granted.2. The appellant was employed in the Assembly department of the respondent. ...
Union Of India Vs. S Tata Teleservices (Maharashtra) Ltd
given to it in the Notice Inviting Tenders. The argument of learned Senior Counsel on behalf of the respondent is that the expressions licensor and licensee are defined in the Act and the respondent had not become a licensee and the appellant had not become a licensor since the agreement was never entered into between ...
1[ds]If we hold that the counter claim is maintainable, necessarily the same would have to be adjudicated on, on merits and the result of such an adjudication would have impact on the plea of set off put forward by the appellant. Of course, if our answer to the said question is that the counter claim is not maintainabl...
1
4,823
1,212
### 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: given to it in the Notice Inviting Tenders. The argument of learned Senior Counsel on behalf of t...
Asikali Akbarali Gilani Etc Vs. Nasirhusain Mahebubbhai Chauhan
is contended that the direction given by the High Court to the Collector transcends beyond the mandate of Section 258 of the Act. It is also contended that persons affected by the directions given by the High Court, therefore, have approached the High Court by way of civil applications.6. The respondent-Municipality an...
1[ds]9. We have no hesitation in accepting the argument of the State Authorities that no right can enure in favour of the allottees/occupants of the structure on a public property, in respect of which no formal lease deed has been executed and that too when no prior approval of the State Government for such allotment a...
1
1,828
461
### 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: is contended that the direction given by the High Court to the Collector transcends beyond the mandate of Section 258 of t...
Delhi Cloth and General Mills Company Limited Vs. Ganesh Dutt and Others
also very severely cross-examined them. Therefore, the view of the Industrial Tribunal that full particulars have not been given in the reports and, therefore, the enquiry proceedings are vitiated, is also equally erroneous.29. It must be stated that the charge-sheets clearly show the nature of the allegations made aga...
1[ds]15. In view of the fact that we are accepting the first contention of Mr. Anand, that the enquiry proceedings are not vitiated by any of the circumstances pointed out by the Tribunal, we do not think it necessary to deal with the second contention of the learned counsel.16. So far as the first contention is concer...
1
5,358
1,395
### 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: also very severely cross-examined them. Therefore, the view of the Industrial Tribunal that full particulars...
Basakha Singh and Company Limited Vs. Collector of Central Excise and Land Customs, New Delhi
K. S. Hegde, J.1. This is an appeal by special leave from the decision of the Division Bench of the Punjab High Court. The Division Bench reversed the decision of D. K. Mahajan, J. allowing the writ petition filed by the appellant herein and quashing the order confiscating the goods imported by the appellant. 2. The ap...
1[ds]The parts of a gun can be broadly categorised under four heads, viz. (1) Butt; (2) Barrel; (3) Action; and (4) Forehand. According to the appellant, the articles imported are only Barrels and Actions. It did not import either Butts of Forehands. Even according to the Collector of Customs, Butts were not imported. ...
1
548
159
### 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: K. S. Hegde, J.1. This is an appeal by special leave from the decision of the Division Bench of the Punjab Hi...
Collector Of Customs, Madras & Anr Vs. C.Tarachand
in the official Gazette. The Imports Control Order, 1955, as applicable to the relevant year, did not specify, as far as our attention was drawn, the goods imported in the instant case. Section 3 in the order does not prohibit the import of any goods whatever, if it is done under a licence. But what it does is to prohi...
1[ds]5. We regret that we are unable to concur with the reasoning of the Division Bench. We find that Section 3 of the Act clearly provides for prohibition and restriction of imports and that clause 3 of the Control Order directly prohibits, in unambiguous and mandatory terms that "no person shall import any goods of t...
1
2,016
868
### 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: in the official Gazette. The Imports Control Order, 1955, as applicable to the relevant year, did not specify, as...
Purushottam Dashrath Borate & Another Vs. State of Maharashtra
of the moment, but meticulously executes a deliberate, cold-blooded and pre-planned crime, giving scant regard to the consequences of the same, the precarious balance in the sentencing policy evolved by our criminal jurisprudence would tilt heavily towards the death sentence. This Court is mindful of the settled princi...
0[ds]23. It is an established position that law regulates social interests and arbitrates conflicting claims and demands. Security of persons is a fundamental function of the State which can be achieved through instrumentality of criminal law. The society today has been infected with a lawlessness that has gravely unde...
0
7,424
1,004
### 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: of the moment, but meticulously executes a deliberate, cold-blooded and pre-planned crime, giving sca...
Sun Export Corpn. Vs. Board Of Trustees Of Port Of Bombay
of the evidence of this witness and the documents on the record, submitted that Appellant 1 was the "consignee" or the "owner" or the "agent" for the goods in question and, therefore, the Port Trust was justified in fastening the liability of recovering demurrage charges from it. 11. Section 3(5) of the Bombay Port Tru...
0[ds]15. We do not find any merit in the submission of Mr. Tripathi that the Port Trust could have put the goods in question to sale to offset the demurrage since they had a lien over those goods before making any claim on the appellants. The goods, as already noticed, stood confiscated by the Customs authority vide or...
0
3,221
354
### 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: of the evidence of this witness and the documents on the record, submitted that Appellant 1 was the "consignee" or...
RAJASTHAN STATE ROADWAYS TRANSPORT CORPORATION Vs. PARAMJEET SINGH
Dr Dhananjaya Y Chandrachud, J1. Leave granted.2. The respondent was appointed as a conductor on a contractual basis on 21 January 2006 by the appellant. The contractual appointment was for a period of one year or until the shortage of drivers was met, whichever was earlier. The agreement (described as the contract let...
1[ds]9. We find merit in the submission. The terms of the appointment indicate that the respondent was on a purely contractual appointment and that the services could be dispensed with without notice at any stage.10. The learned Single Judge of the High Court relied upon a decision of this Court in Hari Ram Maurya v Un...
1
494
137
### 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: Dr Dhananjaya Y Chandrachud, J1. Leave granted.2. The respondent was appointed as a conductor on a contractual bas...
C.R.KARIYAPPA Vs. STATE OF KARNATAKA
R. BANUMATHI,J.1. This appeal arises out of the judgment of the High Court in and by which the High Court has reversed the order of acquittal and convicted the appellant under Section 326 IPC and sentenced him to undergo imprisonment for a period of two years.2. It is an unfortunate case where the appellant working as ...
1[ds]9. The evidence ofd witness in his cross examination stated that the admitted suggestions put to him by the defence counsel that he was tutored, in our considered view, the same cannot be the reason for discarding the evidence ofwas examined in the Court some time after the occurrence, being a childwho is not conv...
1
880
235
### 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: R. BANUMATHI,J.1. This appeal arises out of the judgment of the High Court in and by which the High Cou...
United India Insurance Co. Ltd Vs. Jyotsnaben Sudhirbhai Patel
the appeal need not be dismissed and the insured may proceed with the appeal. This Court stated as under: Thus, the decision of this court in the case of Chinnama Gerorge can be of no avail to the appellant and we do not find any merit in the submission that joint appeal by the insurer as well as the insured was not ma...
0[ds]13. In the instant case, the Insurance Company was impleaded as third respondent. The driver and owner of the vehicle, though appeared before the Tribunal, did not contest the proceedings. They did not file the written statement nor did they choose to give evidence before the Tribunal. Admittedly, the appellant fi...
0
2,556
335
### 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 appeal need not be dismissed and the insured may proceed with the appeal. This Court stated as under: Thu...
Ponnayal @ Lakshmi Vs. Karuppannan (Dead) Thr. L.R. Sengoda Gounder & Anr
dated 15th September, 1949 executed by Athappa Gounder in favour of Defendant No.1 in O.S. No.130 of 1987. The High Court took notice of the averments made in O.S. No.18 of 1953 by the Plaintiffs to the effect that Athappa ill-treated his wife and daughter i.e. the Plaintiffs-herein and forced them out of the house and...
0[ds]The Deed of Settlement dated 6th August 1942 executed by her father Athappa Gounder in favour of her grandfather Appavu Gounder showed the inability of Athappa Gounder to cultivate his land. According to the said Settlement Deed dated 6.8.1942, the property should be handed over to the legal heirs of Athappa Gound...
0
2,597
522
### 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: dated 15th September, 1949 executed by Athappa Gounder in favour of Defendant No.1 in O.S. No.130 of 1987. T...
Parle Products Private Limited Vs. C.S. Saraswati & Another
Tribunal and in this Court where not even a return has been filed on her behalf denying the averments made by the petitioner. There is thus a serious infirmity in the finding recorded by the Tribunal that it was not proved that the money order was ever tendered to the employee and to say the least the finding appears t...
1[ds]12. Now so far as the application for approval of action of the employer required to be taken under section 33(2)(b) is concerned, the law is now well settled and the conditions laid down in the proviso to section 33(2) of the Act have to be satisfied by the employer. The dismissal or discharge order, the payment ...
1
7,192
3,644
### 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: Tribunal and in this Court where not even a return has been filed on her behalf denying the averm...
Raheja Universal Limited Vs. Nrc Limited
issue a direction or make a declaration in relation to the agreement in question in exercise of the powers vested in it under Section 22(3) of the Act of 1985 and, if answer to the above is in the affirmative, whether the order dated 16th July, 2009 of the BIFR and that of the High Court dated 29th July, 2011 are unsus...
0[ds]The BIFR vide its order dated 16th July, 2009, after declaring the Respondent-Company as a sick company and appointing the Punjab National Bank as the Operating Agency, had fixed the cut off date as 30th July, 2007, as indicated in the CDR Scheme. The CDR scheme had been approved, after taking into consideration t...
0
19,469
941
### 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: issue a direction or make a declaration in relation to the agreement in question in exercise of the p...
The Goa Foundation Vs. M/s. Sesa Sterlite Ltd. & Others
mining projects….”.144. For no apparent reason and after EIA 2006, the issue of the validity of an environmental clearance granted under EIA 1994 was raked up and a notification was issued by the MoEF on 21st August, 2013 in which it was noted that the notification of 4th May, 1994 provided that “the clearance granted ...
1[ds]41. The Court was quite obviously aware that it was concerned, inter alia, with the second renewal of mining leases and yet it chose to recount the factual situation, make a declaration and pass a direction without adverting to the possibility of a second renewal of a mining lease. The Court was also conscious tha...
1
28,262
6,405
### 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: mining projects….”.144. For no apparent reason and after EIA 2006, the issue of the validity of an environmental clearanc...
Themi P. Sidhwa & Ors Vs. Shib Banerjee & Sons Pvt. Ltd. & Anr
ground their Lordship think exhibit AY did not require registration, and accordingly is admissible in evidence, so far as it goes.In Sheonarain Lal, v. Ramehswari Devi, (C. A. No. 296 of 1960 decided on 6-12-1962 (SC)) a Bench of the five Judges of this Court had to deal with a document the fifth clause of which read :...
1[ds]It would be noticed that the award itself does not purport or operate to create, declare, assign, limit or extinguish, whether in present or in future any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards in respect of the immoveable property, as contemplated un...
1
2,487
379
### 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: ground their Lordship think exhibit AY did not require registration, and accordingly is admissible in eviden...
Srinivasa Coop. House Building Society Ltd Vs. Madam Gurumurthy Sastry
Revenues, or some fund controlled or managed by a local authority. On the other hand, in the case of an acquisition for a company, the compensation has to be paid by the company. In such a case there can be an agreement under Section 41 for transfer of the land acquired by the Government to the company on payment of th...
0[ds]It is to serve the general interest of the community as opposed to the particular interest of the individual. Public purpose broadly speaking would include the purpose in which the general interest of the society as opposed to the particular interest of the individual is directly and vitally concerned. Generally t...
0
4,797
1,240
### 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: Revenues, or some fund controlled or managed by a local authority. On the other hand, in the case of an acq...
Commissioner of Income Tax (Central), Calcutta Vs. Ashoka Marketing Limited
in the respondents hands. Accordingly, the Tribunal set aside the penalty of Rs. 15 lakhs. The Commissioner of Income-tax (Central), Calcutta, thereupon applied under section 66(1) of the Act for reference of the following three questions to the High Court :" 1. Whether, on the facts and in the circumstances of the cas...
0[ds]5. It appears, however, from the Tribunals order that it excluded the sum of Rs. 40, 05, 825, from the respondents total income "only because D. J. C. agreed to reimburse the assessee for the tax liability met on its behalf ". Mr. Desai pointed out that the judgment of the Patna High Court on the basis of which th...
0
2,089
523
### 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 the respondents hands. Accordingly, the Tribunal set aside the penalty of Rs. 15 lakhs. The Commissioner of Inc...
STAR INDIA(P) LTD Vs. SOCIETY OF CATALYSTS
ordinary business dealings of the Appellants, and the complainant has failed to establish any direct linkage between the increased SMS tariff rates and the prize money so as to show that the prize money was deceptively recovered in the guise of increased SMS rates charged to the participants. 12. Further, since the Nat...
1[ds]We hasten to emphasize at this juncture itself that though the complainant had also pleaded violation of Section 2(1)(r)(3)(b) of the 1986 Act in their complaint, there was no express finding rendered on this issue by the National Commission, and subsequently, no contentions were made before us in this respect8.2 ...
1
4,571
1,644
### 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: ordinary business dealings of the Appellants, and the complainant has failed to establish any dir...
Gujarat Electricity Board Vs. Shantilal R. Desai
right. His argument on this question proceeds thus: Section 7 (1) prior to its amendment in 1959 empowered the local authority or the State Government to make the purchase contemplated under that Section; the Electricity Board is not within the contemplation of that Section; the finding of the High Court that the provi...
1[ds]9. In our opinion sub-s. (4) of S. 4 is complementary to sub-ss. (1) and (2) of that Section and therefore they must be read together. On an analysis of these provisions it is seen that before a licensee can be compelled to sell his undertaking, the authority entitled to purchase must elect to purchase the same by...
1
3,420
981
### 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: right. His argument on this question proceeds thus: Section 7 (1) prior to its amendment in 1959 ...
The Bombay Gas Company Limited, A Company At Bombay Vs. R.N. Kulkarni, Presiding Officer, First Labour Court, Bombay & Another
loss of wages and (2) loss of leave or absence from work or rest. What the applicant has claimed in this case is wages for the leave period or days of privilege leave to which the applicant was entitled to and which the opponent refused to give. Now it seems to its that in this passage, the Labour Court has made an ass...
1[ds]We shall presently advert to those cases, but it seems to us that so far as the expression benefit which is capable of being computed in terms of money is concerned, in the absence of any definition of the word benefit or of the words capable of being computed, we can only give those words the normal connotation t...
1
5,502
1,537
### 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: loss of wages and (2) loss of leave or absence from work or rest. What the applicant has claimed in this cas...
SHRE CHAITANYA CONSTRUCTIONS Vs. SUDHIR POONUMCHAND PARAKH
appeared for the family members/close relatives of Respondent No.1 against Respondent No.1, who was the contempt petitioner in those proceedings; she referred to and relied upon an order dated 18.04.2006 in this behalf. According to her, the only argument that should have been made and that was never made on behalf of ...
1[ds]What is clear is that notices of the appeal were repeatedly served on respondent No.1. The first time when service was effected, the bailiff remarked that since Respondent No.1 was not found at the address at which he resides, service was effected by ?affixation on the door? of his residence. The High Court still ...
1
2,132
854
### 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: appeared for the family members/close relatives of Respondent No.1 against Respondent No.1, who was the contempt ...