Case Name
stringlengths
11
235
Input
stringlengths
944
6.86k
Output
stringlengths
11
196k
Label
int64
0
1
Count
int64
176
118k
Decision_Count
int64
7
37.8k
text
stringlengths
1.43k
13.9k
Vijay Arjun Bhagat and Ors Vs. Nana Laxman Tapkire and Ors
abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law, not formulated by it, if it is satisfied that the case involves such question."15. Sub-section (1) of Section 100 says that the second appeal would be entertained by the High Court only if the High C...
1[ds]11. Having heard the learnedfor the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned judgment and remand the case to the High Court for deciding the appeal afresh on merits in accordance with law.12. In our considered view, the need to remand the case to...
1
2,176
745
### 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: abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substanti...
KALOJI NARAYANA RAO UNIVERSITY OF HEALTH SCIENCES Vs. SRIKEERTI REDDI PINGLE & ORS
qualification held by the candidate, an NRI who had studied in the USA, was deemed to be equivalent to the prescribed eligibility conditions: 13. It was categorically held by this Court that each Clause is inde- pendent of the other and none of the sub-clauses can be read together. If the candidate has fulfilled the re...
1[ds]11. A plain reading of Regulation 4(2) shows that the MCI visualized five different situations, having regard to the nature and structure of high school education in India, and provided for equivalence in respect of other variants of similar examinations, possibly even overseas qualifications. In all, the MCI regu...
1
5,025
2,199
### 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: qualification held by the candidate, an NRI who had studied in the USA, was deemed to be equivalent to the pr...
Workmen of Delhi Electric Supply Undertaking Vs. Management of Delhi Electric Supply Undertaking
can be paid. The concerned workmen do not come under any of the categories. Mr. Chagla has not been able to satisfy us that contrary to Regulation No. 17 any workman is being paid over-time wages. Therefore, this contention also has to be rejected. 21. Coming to the question of conveyance allowance, we have already sta...
1[ds]12. Mr. G. B. Pai is well founded in his contention that the appellants have nowhere raised the point that the Regulations are not saved by Section 516 of the Delhi Municipal Corporation Act13. As the first contention that the Regulations are not saved by Section 516 of the Delhi Municipal Corporation Act, was tak...
1
4,057
1,215
### 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: can be paid. The concerned workmen do not come under any of the categories. Mr. Chagla has not been able to satisfy us tha...
Oriental Ins.Co.Ltd Vs. Dyamavva
by entry in the notice book. 9. Sub-sections (1) to (3) of Section 8 extracted above, leave no room for any doubt, that when a workman during the course of his employment suffers injuries resulting in his death, the employer has to deposit the compensation payable, with the Workmens Compensation Commissioner. Payment m...
1[ds]9. Sub-sections (1) to (3) of Section 8 extracted above, leave no room for any doubt, that when a workman during the course of his employment suffers injuries resulting in his death, the employer has to deposit the compensation payable, with the Workmens Compensation Commissioner. Payment made by the employer dire...
1
5,218
1,084
### 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: by entry in the notice book. 9. Sub-sections (1) to (3) of Section 8 extracted above, leave no room for any doubt...
Installment Supply (P.) Ltd. And Another Vs. The Union Of India And Others
balance of all the hire hereinbefore mentioned and any other expenses incurred by the owners relating to the transaction."9. It is clear, therefore, that in addition to the contract of hiring an option has been given to the hirer to purchase or not to purchase. The more serious question on this part of the petitioners ...
0[ds]7. It is clear that under the Law, as it now stands, which has now been crystallised into the section of the Hire Purchase Act, quoted above, the transaction partakes of the nature of a contract or bailment with an element of sale, as aforesaid, added to it. In such an agreement, the hirer may not be bound to purc...
0
5,218
1,235
### 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: balance of all the hire hereinbefore mentioned and any other expenses incurred by the owners relating to the trans...
GHAT TALAB KAULAN WALA Vs. BABA GOPAL DASS CHELA SURTI DASS (DEAD) BY LR. RAM NIWAS
same are reproduced hereunder: 1. Whether the plaintiff Charan Dass could represent the Trust known as Ghat T alab Kaulan Wala which is also known as Prabhu Wala and whether the suit filed by the Charan Dass is maintainable? 2. Whether status of the deceased Baba Gopal Dass as well as that of Ram Niwas, when independen...
1[ds]We find that the order passed by the High Court in respect of first substantial question of law is not sustainable. Section 92 of the Code contemplates a suit against a Trust either for removing any trustee; appointing new trustee; or vesting any property in a trustee etc. but the present suit itself is by a Trust...
1
2,088
379
### 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: same are reproduced hereunder: 1. Whether the plaintiff Charan Dass could represent the Trust known as ...
M/s. Hiralal Thakorlal Dalal Vs. Broach Municipality and Others
Burmah Shells case (supra) and felt that there were "burred areas" of sale within the territory which may attract a tax under entry 52 (List II of Seventh Schedule) left uncertain by the aforesaid decision of this Court so that the matter deserved consideration by a larger Bench. This is how the case has come up before...
1[ds]This Court examined the scheme of taxation under the Act and the rules and the bye-laws made by the Municipality for the levy of octroi. It also took note of the fact that the words "use or sale" were substituted for the words "or use" by Bombay Act 35 of 1954, which are the subject matter of a fresh controversy b...
1
2,017
753
### 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: Burmah Shells case (supra) and felt that there were "burred areas" of sale within the territory which may attract a tax unde...
Continental Construction Co. Ltd Vs. State Of Madhya Pradesh
1973 SC 1338 : (1973) 1 SCC 708 ], it was held that where an arbitrator is called upon to decide the effect of the agreement, he has really to decide a question of law, i.e. of interpreting the agreement, and hence, his decision is not open to challenge. This was also a decision against a reasoned award but since the r...
0[ds]We are unable to agree. This being a general question, in our opinion, the District Judge rightly examined the question and found that the appellant was not entitled to claim for extra cost in view of the terms of the contract and the arbitrator misdirected himself by not considering this objection of the State be...
0
3,846
246
### 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: 1973 SC 1338 : (1973) 1 SCC 708 ], it was held that where an arbitrator is called upon to decide the ef...
State Of Maharashtra Trhu Cbi Vs. Vikram Anantrai Doshi
commission of offence under Section 471 of IPC and on that basis declined to interfere with the order passed by the High Court which had refused to quash the criminal proceeding. 21. In the case at hand, as per the chargesheet the respondents had got LCs issued from the bank in favour of fictitious companies propped up...
1[ds]21. In the case at hand, as per the chargesheet the respondents had got LCs issued from the bank in favour of fictitious companies propped up by them and the fictitious beneficiary companies had got letters of credits discounted by attaching their bogus bills. The names of 10 fictitious companies have been mention...
1
6,176
834
### 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: commission of offence under Section 471 of IPC and on that basis declined to interfere with the o...
State of Bihar Vs. Madan Mohan Prasad and Others
gives no indication of his intrinsic quality as an officer. The list merely shows the length of service of the officers according to the dates of their appointment, their posting at the time when the list is published and their designation and scale of pay at that time. The gradation lsit of the High Court has no legal...
0[ds]It will be seen from what has been extracted above that in Chandramouleshwar, even while construing cls.(b) and (d), this Court did not say in express terms that the gradation list prepared by the High Court was invalid because under the concerned rules, the High Court had no power to determine inter se seniority ...
0
3,955
796
### 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: gives no indication of his intrinsic quality as an officer. The list merely shows the length of service of...
Satyawati Sharma Vs. Union Of India
eviction of the tenant from the first floor of the premises situated at Maharani Bagh, New Delhi on the ground of personal and bona fide necessity. The suit filed by the landlady was decreed by the learned Single Judge of the Delhi High Court and a direction was issued for eviction of the tenant (appellant). This Court...
1[ds]14. Article 14 declares that the state shall not deny to any person equality before the law or the equal protection of the laws. The concept of equality embodied in Article 14 is also described as doctrine of equality. Broadly speaking, the doctrine of equality means that there should be no discrimination between ...
1
17,363
661
### 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: eviction of the tenant from the first floor of the premises situated at Maharani Bagh, New Delhi on the gr...
Gayatri De Vs. Mousumi Coop Housing Society Ltd
public or statutory duty or a public function. This Court, therefore, held that a writ petition filed against the Society by its employee was not maintainable. 50. In the case of General Manager, Kisan Sahkari Chini Mills Ltd. Sultanpur, U.P. vs. Satrughan Nishad and others (2003) 8 SCC 639 , this Court dealt with a ca...
1[ds]In terms of the Act and the Rules, the heirs of a deceased person are, therefore, entitled to inherit the flat allotted to the deceased as in the instant case. Admittedly, the flat in question was allotted to the father of the appellant who died thereafter and a consequence thereof, the heirs of the said deceased ...
1
7,946
1,096
### 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: public or statutory duty or a public function. This Court, therefore, held that a writ petition filed...
M/s. Bangalore Club Vs. Commissioner of Income Tax & Another
qua shareholders. It does not come back to them as purchasers or customers. It comes back to them as shareholders, upon their shares. Where all that a company does is to collect money from a certain number of people - it does not matter whether they are called members of the company, or participating policy holders - a...
0[ds]it would be necessary to appreciate the general understanding of doctrine of mutuality. The principle relates to the notion that a person cannot make a profit from himself. An amount received from oneself is not regarded as income and is therefore not subject to tax; only the income which comes within the definiti...
0
7,497
1,484
### 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: qua shareholders. It does not come back to them as purchasers or customers. It comes back to them as shareholders,...
Nandganj Sihori Sugar Co. Ltd., Rae Bareli And Anr Vs. Badri Nath Dixit And Ors
of service in terms of or pursuant to an unknown scheme. Subject to certain well defined categories of exceptions, the law does not permit, and the Specific Relief Act does not contemplate, the enforcement of a contract of a personal nature by a decree for specific performance. The facts of this case do not fall within...
0[ds]11. On the facts of this case, the High Court was clearly wrong in issuing a mandatory injunction to appoint the plaintiff. Even if there was a contract in terms of which the plaintiff was entitled to seek relief, the only relief which was available in law was damages and not specific performance. Breach of contra...
0
2,572
281
### 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 service in terms of or pursuant to an unknown scheme. Subject to certain well defined categories of ...
Purnendu Shekharmal Jain Vs. M/S. Acg Associated Capsules P Limited
by the defendant do not indicate substantial defence or that defence intended to be put up is frivolous or vexatious. Where a part of the amount claimed by the plaintiff is admitted by the defendant to be due from him, no leave to defend the suit can be granted unless the admitted amount is deposited by him in court. I...
0[ds]9. Looking to the report of the Bailiff as well as thefiled by the Plaintiff in the Notice of Motion, what becomes quite apparent is that the refusal of the service of the writ of summons was actually by the husband who instructed his wife not to accept service. Once this is the factual position emanating from the...
0
4,200
2,356
### 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: by the defendant do not indicate substantial defence or that defence intended to be put up is frivolous or vexatious. Where...
Kanai Lal Sur Vs. Paramnidhi Sadhukhan
by a Court of competent jurisdiction and to insist upon its execution. Similarly the proceedings contemplated by S. 5, sub-s. (1) cannot, in our opinion be said to include execution proceedings of this type. Section 5, sub-s. (1) deals with cases where the landlord initiates original proceedings for ejecting his thika ...
0[ds]It is clear that since S. 28 along with S. 29 has been deleted from the Act by the subsequent amending Act VI of 1953, any reference to S.28 in S. 5 (1) would have been entirely out of place.But the deletion of the material words does not enlarge the jurisdiction of the Controller to reopen disputes between the la...
0
4,337
263
### 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: by a Court of competent jurisdiction and to insist upon its execution. Similarly the proceedings ...
New India Assurance Co.Ltd Vs. Priya Blue Industries Pvt. Ltd
of attempting to beach the vessel at the designated plot. It is under those circumstances the complainant contended that there was no justifiable reason or ground for repudiating the claim. 11. On behalf of the appellant insurance Company, it was merely contended that there was no deficiency of service on the part of t...
0[ds]The material available on record which has been taken into consideration by the National Commission clearly demonstrates that the respondent complainant never made any representation that the vessel had two functional engines. On the other hand, addendum No. 2 to MOA expressly speaks about the fact that starboard ...
0
2,496
131
### 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: of attempting to beach the vessel at the designated plot. It is under those circumstances the complainant ...
Carona Ltd Vs. M/S. Parvathy Swaminathan & Sons
possession immediately thereafter from the tenant is affected. The provisions of Section 12 prevent a landlord from recovering possession of the property from a tenant even after a lawful termination of his tenancy, provided the tenant fulfils the conditions mentioned in Section 12. Section 12 does not take away the ri...
0[ds]In our opinion, the ratio laid down in the above cases applies to the present case as well. Admittedly, on the date the tenancy was terminated, the tenant (Public Limited Company) was having a paid up share capital of rupees more than one crore. Under clause (b) of Section 3(1) of the Act, therefore, the provision...
0
8,832
203
### 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: possession immediately thereafter from the tenant is affected. The provisions of Section 12 prevent a landlord from recove...
Northern Dooars Tea Co. Ltd Vs. Workmen of Demdima Tea Estate
to be paid to the respondents, we cannot altogether ignore their conduct at the relevant time. That is why we would like to modify the order passed by the Tribunal by directing that the respondents should be paid the 1/2 of their full wages for the period and that too, not from the 13th September to 6th October but fro...
0[ds]There is no doubt some force in this contention, and in dealing with the question as to whether the Tribunal was right in holding that thewas unjustified, we will no doubt bear this fact inconsidering the questions as to whether the strike of the 12th September was justified or not, it is relevant to bear in mind ...
0
3,887
1,963
### 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 be paid to the respondents, we cannot altogether ignore their conduct at the relevant time. That is ...
Shripad Gajanan Suthankar Vs. Dattaram Kashinath Suthankar And Ors
partition in order that the property should be redivided on a fair and equitable basis."17. Shri Javali pressed before us that Balajis case 47 Bom LR 121 = (AIR 1945 Bom 229 FB) was a closer parallel to our case, forgetting that as Chagla, C. J., explained in Bhimji, 52 Bom LR 290 = (AIR 1950 Bom 271 ) that Lokur, J., ...
1[ds]6. It is established law that the adoption by a widow relates back to the date of the death of the adoptive father, which, in this case, took place in 1921. Indeed the complexity of the present case arises from the application of this legal fiction of "relation back" and the limitations on the amplitude of that fi...
1
6,562
1,868
### 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: partition in order that the property should be redivided on a fair and equitable basis."17. Shri Javali pressed before us ...
Vijay Mallya Vs. Enforcement Directorate,Min.Of Finance
averments in the complaint show that the summons dated 21st December, 1999 were refused by the appellant and earlier summons were not carried out deliberately. The averments in paras 3 and 4 of the complaint are as follows : “3. That the complainant issued a summons dated 21.12.1999 under Section 40 of FERA, 1973 in co...
0[ds]14. In our opinion, the appeal is required to be dismissed for more than one reason. The fact that the adjudicating officer chose to drop the proceedings against the appellant herein does not absolve the appellant of the criminal liability incurred by him by virtue of the operation of Section 40 read with Section ...
0
3,053
536
### 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: averments in the complaint show that the summons dated 21st December, 1999 were refused by the appellant and earlier summon...
Bootamal Vs. Union Of India
a part has not been delivered, for in such a case in the absence of special circumstances it should be easy to see that the reasonable time is that within which the bulk of the goods have been delivered. We may in this connection refer to Union of India v. Meghraj Agarwalla, AIR 1958 Cal 434 and Gajanand Rajgoria v. Un...
1[ds]5. Two lines of reasoning seem to have governed the decisions of various High Courts on the interpretation of these words in the third column of Art. 31. The first is based on the consideration that it was for the railway to prove what time ought to be taken for the delivery of the goods and therefore limitation c...
1
4,923
2,233
### 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: a part has not been delivered, for in such a case in the absence of special circumstances it should be easy...
Dhian Singh Sobha Singh & Another Vs. The Union Of India
the owner is entitled to a reasonable hire. If the wrongdoer had asked the owner for permission to use the goods, the owner would be entitled to ask for a reasonable remuneration as the price of his permission. The wrongdoer cannot be better off by doing wrong than he would be by doing right. He must therefore pay a re...
1[ds]24.It is clear therefore that a bailor in the event of the non-delivery of the goods by the bailee on a demand made by him in that behalf is entitled at his election to sue the bailee either for wrongful conversion of the goods or the wrongful detention thereof and if the bailor pursues his remedy against the bail...
1
13,764
1,234
### 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: the owner is entitled to a reasonable hire. If the wrongdoer had asked the owner for permission to use the goods,...
THE DIVISIONAL MANAGER, APSRTC & ANR Vs. B. VENKATAIAH
of the learned Single Judge was affirmed by the Division Bench in a Writ Appeal. 6. Mr. Gourab Banerji, learned senior counsel appearing on behalf of the appellants submits that there was a manifest error on the part of both the learned Single Judge and the Division Bench. In the present case, a disciplinary enquiry wa...
1[ds]In the present case, a disciplinary enquiry was held against the workman after which an initial decision was taken to terminate him from service. In a departmental review, he was granted fresh appointment. Neither the termination nor the order granting him fresh appointment as a contract driver were challenged. As...
1
1,559
657
### 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: of the learned Single Judge was affirmed by the Division Bench in a Writ Appeal. 6. Mr. Gourab Banerji, learned senior couns...
VVF (India) Limited Vs. The State of Maharashtra & Ors
against an order, in which claim against declaration or certificate, has been disallowed on the ground of non-production of such declaration or, as the case may be, certificate then, amount of tax, as provided in the proviso to sub-section (6), (b) in case of an appeal against an order, which involves disallowance of c...
1[ds]11. While analyzing the rival submissions, it is necessary to note, at the outset, that, under the provisions of Section 26(6A), the aggregate of the amounts stipulated in the sub-clauses of the provision has to be deposited and proof of payment is required to be produced together with the filing of the appeal. Bo...
1
1,866
686
### 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: against an order, in which claim against declaration or certificate, has been disallowed on the ground of non-pro...
Shadab Ahmed Khan and Ors Vs. Mujahid Beg and Ors
Appellants and Respondent Nos. 6 and 7 from being appointed as Professor. The High Court did not go into any other issue in view of the findings recorded on the lack of qualification on the part of the Appellants and Respondent Nos. 6 and 7.4. The Aligarh Muslim University is a Central University governed by the Univer...
1[ds]7. A perusal of the UGC Regulations, 2010, referred to above, would clearly show that the minimum qualifications prescribed by the Government of India are applicable to the teachers working in the faculty of medicine in the University. Clause 12 (19) of Chapter IV of the Ordinances (Executive) makes it clear that ...
1
1,572
624
### 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: Appellants and Respondent Nos. 6 and 7 from being appointed as Professor. The High Court did not go into any other issue in...
Jitendra Vora Vs. Bhavana Y. Shah & Another
submitted that Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI Act’) has no application because the partnership firm was not arrayed as an accused. He further submitted that respondent No.2 is liable being a signatory of both the cheques and he was incharge of M/s. Shah Enterpris...
0[ds]From a bare reading of Section 138 of the NI Act, the first and foremost essential ingredient for attracting a liability under this Section is that the person who is to be made liable should be the drawer of the cheque and should have drawn the cheque on an account maintained by him with a banker for payment of an...
0
2,393
157
### 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: submitted that Section 141 of the Negotiable Instruments Act, 1881 (hereinafter referred to as ‘the NI ...
Brijesh Kanubhai Patel and Ors Vs. The State of Maharashtra and Ors
the act of the accused must be proximate, immediate or efficient cause of death of victim without the intervention of any other persons negligence. The court had also observed that there had been no allegation against the directors for an offence attributed to the company and thus the directors cannot be held vicarious...
1[ds]16. The applicants have been sought to be charged of commission of offences under section 304 read with section 34 of the Indian Penal Code, along with sections 3 and 4 of the the Mines and Minerals Act.17. Perusal of the provisions under sections 3 and 4 of the Mines and Minerals Act makes it clear that section 3...
1
3,857
1,591
### 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 act of the accused must be proximate, immediate or efficient cause of death of victim without the intervention of any o...
Union Vs. Transport and Dock Workers'New Dholera Steamships, Limited, and Others
the year 1962, and any subsequent accounting year was pending before the appropriate Government or before any tribunal or other authority constituted under the Industrial Disputes Act, 1947 (14 of 1947), or under any corresponding law relating to investigation and settlement of industrial disputes in a State, such disp...
0[ds]This is a matter of evidence and there was ample evidence before Sri Meher on which he could reach his conclusion and this Court does not interfere with a finding of fact reached on evidence to be found on the record. This point must also fail.When special leave was granted by this Court on 3 August, 1965, the Pay...
0
2,020
412
### 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 year 1962, and any subsequent accounting year was pending before the appropriate Government or before any tribunal or o...
Travancore Rubber & Tea Co. Ltd. & Another Vs. State of Kerala & Another
no deduction should be allowed for the expenses incurred in the upkeep and maintenance of immature plants. Such an intention of the Legislature is manifest as Explanation 2 was enacted after the decision of this Court in the Travancore Rubber and Tea Co. Ltd., case, 1963-3 SCR 279 : (AIR 1961 SC 604 ) to the effect tha...
0[ds]6. The State Legislature has full powers to tax such income as come within the expression agricultural income as defined in the Agricultural Income-tax Act, the definition being in conformity with the definition of agricultural income in the Income-tax Act. It is for the State Legislature to provide such deduction...
0
2,038
330
### 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: no deduction should be allowed for the expenses incurred in the upkeep and maintenance of immature plants. Such an intenti...
Atma Das Vs. Suriya Prasad
the tools supplied to him were returned to pay the cost of the tools also. The appellant was called upon to deposit the amount demanded and the letter proceeded to state : "Further more, you are hereby informed that you have not to proceed with the work any more." By letter, dated June 27, 1958, the Superintendent, Dep...
1[ds]4. Under the terms of the contract the appellant had undertaken to raise the height of the Burj to 46 feet. It is common ground that he did not raise the height of the Burj above 35 feet. The authorities were dissatisfied with the work done by him till the end of March 1956. Work was inspected by the Archaeologica...
1
2,970
877
### 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: the tools supplied to him were returned to pay the cost of the tools also. The appellant was called upo...
Commissioner of Income-Tax - Central-I Vs. Income Tax Settlement Commission
failure to make a true and full disclosure was not an issue for consideration before the Apex Court. This is so as it was not a subject matter of challenge by the revenue either before the High Court or before the Supreme Court. In view of the above, the above observations of the Apex Court in the Ajmera Housing Corpn....
0[ds]13. The last grievance of the petitioner is that the impugned order is bad on merits. It is submitted that concepts like real income have been invoked when the same has no application. In support reliance is placed upon the decision of the Apex Court in State Bank of Travancore v. CIT [1986]158 ITR 102 /24 Taxman...
0
4,949
543
### 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: failure to make a true and full disclosure was not an issue for consideration before the Apex Court. This is...
G.M. ONGC, SHILCHAR Vs. ONGC CONTRACTUAL WORKERS UNION
decision. Hence, in our opinion, Uma Devis case (supra) cannot be applied mechanically without seeing the facts of a particular case, as a little difference in facts can make Uma Devis case (supra) inapplicable to the facts of that case. In the present case the writ petitioners (respondents herein) only wish that they ...
0[ds]This Court has held time and again that the High Court had the authority to enquire as to whether a finding arrived at by the Tribunal was based on evidence and to correct an error apparent on the face of the record. The observations in Trambak Rubber Industries Ltd.s case (supra) are to this effect and it has bee...
0
4,613
1,411
### 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: decision. Hence, in our opinion, Uma Devis case (supra) cannot be applied mechanically without seeing the fa...
ANITTA JOB Vs. THE STATE OF KERALA
adhered to the law with the result that the Petitioner became a victim of circumstances giving him a cause of action to proceed against the College and the State of Chhattisgarh being a victim of their maladministration. The plight of the Petitioner is unfortunate but it cannot be helped. 16. We were told during the co...
1[ds]17. There cannot be any dispute with the procedure which was prescribed for admissions in MBBS Course, students were to make applications on-line and last date for making such applications was 09.09.2016. There is also no dispute that Appellants could not succeed in making any on-line application prior to 09.09.20...
1
4,895
1,309
### 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: adhered to the law with the result that the Petitioner became a victim of circumstances giving him a cause of act...
OM PRAKASH AGARWAL SINCE DECEASED THR LRS Vs. VISHAN DAYAL RAJPOOT
amendments made in Section 21 in the year 1976. Following was stated in paragraph 34, 37 and 41:-?34. It may be noted that Section 21 provided that no objection as to place of the suing can be allowed by even an appellate or revisional court unless such objection was taken in the court of first instance at the earliest...
1[ds]31. It is true that District Judge or Additional District Judge functioning as Small Causes Courts can take cognizance of all suits irrespective of their value. But use of the words ?irrespective of their value? was in contradiction of the pecuniary value, which was given to Judge of Small Causes Courts presided b...
1
14,902
1,358
### 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: amendments made in Section 21 in the year 1976. Following was stated in paragraph 34, 37 and 41:-?34. It may be no...
Income Tax Officer, Raichur Vs. Dandi Mohamad Hussain and Others
GOVINDA BRAT J. 1. This writ petition is directed against the order of the Mysore Revenue Appellate Tribunal dated 4th October, 1966, made in Revision No. 281 of 1965 (H.L.R.) by which the Tribunal, while allowing the revision petition, cancelled the attachment and sale proclamation of the properties belonging to the 1...
1[ds]In our opinion, this writ petition has to succeed. The revision petition filed by the 1st respondent before the Mysore Revenue Appellate Tribunal, in our opinion, was wholly misconceived. If it was the case of the 1st respondent that he was not a defaulter under the Indianx Act, 1922, and that his properties were ...
1
591
272
### 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: GOVINDA BRAT J. 1. This writ petition is directed against the order of the Mysore Revenue Appellate Tribunal dated 4th Oc...
William Jacks and Company Limited Vs. State of Orissa
collections only under the terms of the third press note ?"6. By its judgment dated April 22, 1964, the High Court held that the first press not dated June 5, 1954, had statutory effect but the second and the third press notes had no statutory force and did not in any way affect the validity of the assessment orders ma...
0[ds]In our opinion, the argument put forward on behalf of the appellant is not warranted. In the first place, it is obvious that after the decision of this court in the Bengal Immunity case ([1955] 6 S.T.C. 446; [1955] 2 S.C.R. 603) the Orissa Government could not have lawfully levied any sales tax on the "explanation...
0
2,948
475
### 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: collections only under the terms of the third press note ?"6. By its judgment dated April 22, 1964, the High Cour...
Steel Authority of India Ltd Vs. Choudhary Tilotama Das
in the year 2013. In the said additional affidavit dated 22nd January, 2018 it has been further stated that the SAIL is now engaged in the process of enhancing the annual capacity of the RSP to 7.5 million tons per annum for which a huge infrastructural investment will have to be made running into almost Rs. 2.6 millio...
1[ds]14. In a situation where no legal right can be understood to have been vested in the respondents – writ petitioners under the Scheme of 2002 and operation of the said Scheme of 2002 today is not considered feasible or necessary by the appellant on account of the reasons stated in the additional affidavit dated 22n...
1
1,897
160
### 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: in the year 2013. In the said additional affidavit dated 22nd January, 2018 it has been further stated tha...
Kusum Lata and Ors Vs. Satbir and Ors
turning at Mahendergarh road a tempo bearing No. HR-34-8010 of white colour being driven in a rash and negligent manner came from behind and overtook their scooter. Dheeraj Kumar was not driving the scooter. Dheeraj Kumar saw that the tempo hit Surender, the victim, as a result of which he fell down but the tempo did n...
1[ds]6. The main reason why both the Tribunal and the High Court reached their respective findings that vehicle No.HR-34-8010 was not involved in the accident are primarily because of the fact that in the FIR which was lodged by one Ashok Kumar, brother of the victim, neither the number of the vehicle nor the name of t...
1
1,661
1,052
### 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: turning at Mahendergarh road a tempo bearing No. HR-34-8010 of white colour being driven in a rash and negligent manner came...
SUDHIR KUMAR @ S. BALIYAN Vs. VINAY KUMAR G.B
plaint. 8. Having considered the statutory provisions in detail, the order passed by the learned Commercial Court, confirmed by the High Court, rejecting the application of the plaintiff for leave to rely on the additional documents is required to be tested and considered. 8.1 It emerges from the record that the first ...
1[ds]8. Having considered the statutory provisions in detail, the order passed by the learned Commercial Court, confirmed by the High Court, rejecting the application of the plaintiff for leave to rely on the additional documents is required to be tested and considered.8.1 It emerges from the record that the first suit...
1
6,057
1,064
### 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: plaint. 8. Having considered the statutory provisions in detail, the order passed by the learned Commercial Court, confirm...
Gauri Shankar Vs. Rakesh Kumar
of Kanji Manji v. Trustee of Port of Bombay, AIR 1963 SC 468 ; H.C. Pandey v. G.C. Paul, 1989(1) R.C.R.(Rent) 493 : AIR 1989 SC 1470 ; and Harish Tandon v. Additional District Magistrate, Allahabad, AIR 1995 SC 676 , opined that notice of surrender of tenancy given by one of the co-tenants and a decree of possession of...
1[ds]5. We have heard the learned counsel for the parties. With their able assistance, we have perused the relevant records and the judgments impugned in the present appeals. We agree with the Appellant that the learned single Judge of the High Court has failed to refer to the substantial questions of law formulated by...
1
1,258
560
### 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 Kanji Manji v. Trustee of Port of Bombay, AIR 1963 SC 468 ; H.C. Pandey v. G.C. Paul, 1989(1) R.C.R.(Rent) 493 : AIR 19...
Lakkireddi Chinna Venkata Reddi Vs. Lakkireddi Lakshmama
If the conduct of the adult coparceners, or the claim made by them is prejudicial to the interest of the, minor the Court will readily presume that it is for his benefit to divide the estate. The conclusion recorded by the Trial Court and the High Court that partition would be for the benefit of the minor was amply sup...
0[ds]In the circumstances it is unnecessary to express any opinion on the question whether Lakshmama was entitled in her own right to file a suit for a share in the property of the joint family, and for the share of her husband Butchi Tirupati in the estate devised under the will of Venkata Konda Reddy and prosecute it...
0
2,496
1,010
### 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: If the conduct of the adult coparceners, or the claim made by them is prejudicial to the interest of the, minor the Court...
Daffadar Bhagat Singh and Sons Vs. Joint Excise and Taxation Commissioner, Punjab, Patiala and Another
the terms of the contract between the petitioner and the army authorities clearly indicate that the meat could be in a dressed form or could be on hoofs. The goats or sheep (meet) would be supplied by the petitioner, and transported by the army to such destinations as it desired, and the petitioner was paid the price o...
1[ds]The trail court negatived both the contentions. As the first contention raised in the High Court was given up before us by Mr. S. T. Desai appearing for the appellants, we are concerned only with the other contention that what was sold under the contract was meat, not live animals.We find it difficult to appreciat...
1
1,437
445
### 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: the terms of the contract between the petitioner and the army authorities clearly indicate that the mea...
Jupudi Kesava Rao Vs. Pulavarthi Venkata Subbarao And Others
the original instrument itself or secondary evidence of its contents has in fact been admitted, that admission may not be called in question in the same suit, on the ground that the instrument was not duly stamped".In this view, they held that the terms of the deed of gift could be considered23. With all respect to the...
0[ds]13. The first limb of Section 35 clearly shuts out from evidence any instrument chargeable with duty unless it is duly stamped. The second limb of it which relates to acting upon the instrument will obviously shut out any secondary evidence of such instrument, for allowing such evidence to be let in when the origi...
0
6,223
1,446
### 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: the original instrument itself or secondary evidence of its contents has in fact been admitted, that ad...
Pushpapriyadevi And Ors Vs. State Of Maharashtra And Anr
Madhya Pradesh After the passing of the Abolition of Proprietary Rights (Estates, Mahals, Alienated Lands) Act, 1950, a notification was issued vesting the estate in the State and the appellant was prohibited from cutting timber in exercise of his rights under the contract. Later after some negotiations the appellant a...
0[ds]To, determine the question as to whether the transaction between the, plaintiff and the second respondent was complete before 31st March, 1951 it is useful to refer to the contract entered into between the parties. Ex. P-19 is the contract and is dated 15th March, 1951. The agreement is designated as Forest Contra...
0
3,848
2,142
### 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: Madhya Pradesh After the passing of the Abolition of Proprietary Rights (Estates, Mahals, Alienated Lan...
Karam Chand Vs. State of Jammu and Kashmir
1. The petitioner, Karam Chand son of Khushi Ram in these proceedings for a writ in the nature of habeas corpus complains that he was arrested on February 9, 1968 without any warrant and has since then been kept in illegal custody. The grounds of detention have also not been communicated to him.2. According to the retu...
0[ds]3. It was contended on behalf of the petitioner thatof the grounds of his detention to the petitioner is violative of Article 22 (5) of the Constitution with the result that his detention must be struck down as illegal.This submission is misconceived. Article 35 (c) of the Constitution is a complete answer to this...
0
1,121
245
### 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: 1. The petitioner, Karam Chand son of Khushi Ram in these proceedings for a writ in the nature of habeas corp...
Bir Singh and Others Vs. State of Uttar Pradesh
connection, the Sessions Judge relies on the fact that there is no. evidence to show as to how the body of the deceased was found at the Chaupal of his house. No. witness says that any one of the people who had assembled or any member of the family had removed the dead body to the place of the Chaupal. Even Surajpal Si...
1[ds]. In our opinion, if in the present state of the evidence the Sessions Judge refused to accept the prosecution case in the absence of the evidence of Bhikari and Shambhu, who according to the prosecution itself had seen the entire occurrence it could not be said that the view taken by the Sessions Judge was either...
1
6,437
1,083
### 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: connection, the Sessions Judge relies on the fact that there is no. evidence to show as to how the body of the de...
Dinaram Chutiya and Others Vs. Kakajan Tea Estate (By Divisional Manager)
all unfavourable to the employees. 4. The authority considered the evidence led before it and came to the conclusion that the appellants were not in a position to dispute the genuineness of the latter circular and there was nothing on the record to show that the artisans "are in any way in receipt of less now after the...
0[ds]5. Mr. Aggarwal for the appellants contends that under S.23 of the Act no contract can be made by an employee with his employer by which he purports to relinquish any right conferred on him by this Act, and if such a contract is made, it would be null and void. Mr. Aggarwal argues that what an individual employed ...
0
1,662
621
### 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: all unfavourable to the employees. 4. The authority considered the evidence led before it and came to the c...
S. Srinivasan Vs. Commissioner Of Income-Tax, Madras
be in the nature of deposits made by them with the firm, or in the nature of loans advanced by them to the firm, and interest earned on such deposits or loans can have no relationship with the membership of the firm of the wife or the admission to the benefits of the partnership of the minor sons. It appears to us that...
1[ds]2. So far as the first question is concerned, learned counsel appearing for the appellant himself did not press it before us in view of the decision of this Court in Balaji v.Officer, Special Investigation Circle, Akola, (1961) 43 ITR 393 : (AIR 1962 SC 123 ).That point was earlier decided by the Madras High Cou...
1
2,198
591
### 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: be in the nature of deposits made by them with the firm, or in the nature of loans advanced by them to the ...
Munni Lal Vs. Bishwanath Prasad & Ors
such related to parjoti land. The custom that was prevailing was co-extensive with Mahomedan Law, whether it applied to parjoti land or not would depend upon the provisions of Mahomedan Law. The first appellate court which was apparently not unaware of the provisions of Mahomedan Law with respect to pre-emption seems t...
1[ds]It is thus clear that all that was found by the two lower courts was that there was a custom of pre-emption prevailing in the city of Benaras which was co-extensive with Mahomedan Law and which bound Hindus also whether they were residents there or not, so long as the property to be pre-empted was in the city of B...
1
2,503
441
### 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: such related to parjoti land. The custom that was prevailing was co-extensive with Mahomedan Law, whether it appli...
The State Of Uttar Pradesh And Others Vs. Raja Syed Mohammad Saadat Ali Khan
"extra-territorial" powers. It is unnecessary to express any opinion on this argument, because the legislature of the State of Uttar Pradesh has, since the judgment delivered by the High Court in this group of cases, amended the U. P. Agricultural Income Tax Act (Act III of 1949) by Act XIV of 1956, giving retrospectiv...
1[ds]5. This court is seized of an appeal from the order of the High Court quashing the assessment on the ground that the Additional Collector had no "extra-territorial" authority to assess agricultural income-tax. It is true that Act III of 1949 was amended after the High Court delivered its judgment; but in dealing w...
1
1,827
310
### 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: "extra-territorial" powers. It is unnecessary to express any opinion on this argument, because the legislature of the State ...
Naresh Kumar Vs. Kalawati and others
stated that both the respondents have killed his sister. He then states that the deceased had told him she was set on fire by respondent no.1. 9. A dying declaration is admissible in evidence under Section 32 of the Indian Evidence Act, 1872. It alone can also form the basis for conviction if it has been made voluntari...
0[ds]6. We have considered the submissions on behalf of the parties and have also perused the evidence available on the record. Though the discretionary jurisdiction of this Court under Article 136 of the Constitution is very wide, it has been a rule of practice and prudence not to interfere with concurrent finding of ...
0
2,715
1,747
### 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: stated that both the respondents have killed his sister. He then states that the deceased had tol...
Sri Indra Das Vs. State of Assam
sale since a wider construction would have resulted in attributing to the Bihar Legislature an intention to legislate beyond its competence. 37. In Section 6(a) of the Hindu Minority and Guardianship Act, 1956 which provides that the natural guardian of a minors person or property will be `the father and after him, the...
1[ds]26. It has been submitted by the learned counsel for the Government before the TADA Court that under many laws mere membership of an organization is illegal e.g. Section 3(5) of Terrorists and Disruptive Activities, 1989, Section 10 of the Unlawful Activities (Prevention ) Act 1967, etc. In our opinion these statu...
1
5,600
511
### 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: sale since a wider construction would have resulted in attributing to the Bihar Legislature an intention to ...
Sandhya Rani Sarkar Vs. Sudha Rani Debi And Ors
which claim was thoroughly unjust and improper, and second, the demand of- Rs, 2, 000/- spent by her in making the tenant vacate a portion of the premises. The contract was to be completed by April 1956 it was not completed till 1957 even though the defendant after satisfying the queries of the plaintiff fixed differen...
0[ds]We have gone through the application filed by the appellant before the High Court praying for condoning delay. It was asserted that the appeal, is within time and alternatively it was p rayed that delay, if any, be condoned. The High Court examined both limbs of the contention. We see no contradiction in what is s...
0
8,179
5,315
### 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: which claim was thoroughly unjust and improper, and second, the demand of- Rs, 2, 000/- spent by her in making the tenant...
Hira Singh Pal Vs. Madan Lal
entered at S1. No. 504 of Part No. 2 of Arki Assembly Constituency Electoral Roll: despite opportunity he has not cared to correct the entry.(Sd.) R. C. Gupta,Returning Officer, 21-1-67,3-15 P. M.9-Arki AssemblyConstituency.Date 21-1-67* * * *5. In the first nomination paper, the proposer was one Anant Ram. It was ment...
0[ds]6. Before we deal with that question, it is necessary to set out few more facts. According to the appellant the respondent was not a genuine candidate; he was a dummy Congress candidate; he never intended to contest the election. There is basis for this contention. The respondent was the General Secretary of the M...
0
2,437
901
### 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: entered at S1. No. 504 of Part No. 2 of Arki Assembly Constituency Electoral Roll: despite opportunity ...
SECRETARY/CORRESPONDENT, ST. JOHN''S COLLEGE AND ANOTHER. ETC Vs. DR. S. WILSON AND OTHERS ETC
S.G. Kotturappa, (2005) 3 SCC 409 and Vivekanand Sethi vs. Chairman, J&K Bank Ltd., (2005) 5 SCC 337. 7. It is equally well settled that the principles of natural justice must not be stretched too far and in this connection, reference may be made to the decisions of this Court in Sohan Lal Gupta vs. Asha Devi Gupta, (2...
1[ds]5. We have heard the learned counsel for the parties at length. The aforesaid facts are not in dispute. Admittedly, no hearing was also afforded before termination of the services.In the instant case, the appointments had been made by the incumbents who had no right to hold the office, taking advantage of the inte...
1
2,279
764
### 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: S.G. Kotturappa, (2005) 3 SCC 409 and Vivekanand Sethi vs. Chairman, J&K Bank Ltd., (2005) 5 SCC 337. 7...
INDIA METERS LIMITED Vs. STATE OF TAMIL NADU
the excise duty to the purchaser. Ordinarily it is not shown as a separate item in the bill, but it is included in the price charged by him. The sale price in such a case could be the entire price inclusive of excise duty because that would be the consideration payable by the purchaser for the sale of the goods. True, ...
0[ds]14. In the instant case, the obligation to pay the freight was clearly on the appellant as there was no sale at all, unless the goods were delivered at the premises of the buyer and in order to so deliver, the assessee necessarily had to incur freight charges.15. The transfer of title to the goods as provided in C...
0
4,366
1,444
### 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: the excise duty to the purchaser. Ordinarily it is not shown as a separate item in the bill, but it is included in the pri...
Motipur Zamindari Co. Ltd Vs. The State Of Bihar And Another.Raja Jankinath Roy And Nare
no worse position than the official assignee or official receiver of an individual proprietor who may happen to become insolvent in another State.5. Finally, Mr. P. R. Das strongly relies on section 41 of the Act and contends that that section would be wholly inapplicable to a company and that circumstance by itself wo...
0[ds]We are unable to accept this contention. It is not disputed that a company can own an estate or a part of an estate and, indeed, the appellant companies are fighting these appeals only to protect the estates they own. Therefore, they come within the first part of the definition. The definition after stating what t...
0
3,498
1,251
### 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: no worse position than the official assignee or official receiver of an individual proprietor who may happen to become inso...
State of Andhra Pradesh & Others Vs. Lavu Narendranath & Others
persons for whom it is essential to provide facilities for medical education. If the sources are properly classified whether on territorial, geographical or other reasonable basis it is not for the courts to interfere with the manner and method of making the classification." The above case is not directly in point but ...
1[ds]11. With respect, it seems to us that the observations above quoted are equally applicable to the case before us, the only difference being that whereas in the Mysore case marks were awarded on the basis of the impression created at the interview and added in a certain manner to the marks obtained at the Universit...
1
4,621
568
### 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: persons for whom it is essential to provide facilities for medical education. If the sources are properly c...
Commissioner of Wealth Tax, Bombay City III Vs. Michel Postel
HEGDE, J. 1. The only question that arises for decision in these appeals is whether the High Court was justified in rejecting the application of the department to call for a statement of case from the Tribunal along with the question of law " Whether, on the facts and in the circumstances of the case, the Tribunal was ...
1[ds]In these appeals we are concerned with the valuation of the assessees wealth during the years ending March 31, 1960, March 31, 1961, and March 31, 1962. One of the points contested by the department related to the computation of the value of the shares held by the assessee in two companies, viz., Franco Indian Man...
1
525
349
### 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: HEGDE, J. 1. The only question that arises for decision in these appeals is whether the High Court was ...
Mallappa Basappa Desai Vs. Mallappa Veerabhadrappa Desai And Others
infancy, insanity or other disqualification, and have no near relations entitled and willing to take charge on their behalf, the Judge, within whose jurisdiction such property is, may appoint an administrator for the management thereof, until the lawful heir, executor or administrator appears, or the right of successio...
0[ds]The proceedings may commence either on an application made by one of the claimants, or may be started suo motu by the Judge; in either case, the relevant point of time by reference to which the requirement as to possession has to be judged is the date of the commencement of the proceedings. It may be that one of t...
0
2,987
641
### 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: infancy, insanity or other disqualification, and have no near relations entitled and willing to take charge on their behal...
New India Assurance Co. Ltd Vs. Suresh Chandra Aggarwal
It is not the case of the claimant that the driver had applied for renewal of the licence within 30 days of the date of its expiry. On the contrary, it is the specific case of the appellant that the driving licence was renewed only with effect from 23rd March, 1992. From a plain reading of Section 15 of the Act, it is ...
1[ds]16. In the instant case, as noted above, as per the certificate issued by the licensing authority, the driving licence of the deceased driver had expired on 25th October, 1991 i.e. four months prior to the date of accident on 29th February, 1992 and it was renewed with effect from 23rd March, 1992. It is not the c...
1
2,982
1,160
### 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: It is not the case of the claimant that the driver had applied for renewal of the licence within 30 days of the date of its...
Vikesh Kumar Gupta & Anr Vs. The State of Rajasthan & Ors
High Court. Not being satisfied with the revised Select List which included only a few candidates, certain unsuccessful candidates filed Appeals before the Division Bench which were disposed of on 12.03.2019. When the Division Bench was informed that the selections have been finalized on the basis of the 2 nd Answer Ke...
1[ds]The 2nd Answer Key was released by the RPSC on the basis of the recommendations made by the Expert Committee constituted pursuant to the directions issued by the High Court. Not being satisfied with the revised Select List which included only a few candidates, certain unsuccessful candidates filed Appeals before t...
1
2,920
1,099
### 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: High Court. Not being satisfied with the revised Select List which included only a few candidates, certain unsucc...
Ramji Veerji Patel & Others Vs. Revenue Divisional Officer & Others
Government and a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any State, being a co-operative society in which not less than fifty-one per centum of the paid-up share capital is held by the Central Government, or by any State Government or Governme...
0[ds]That Corporation and the TNSTC fall within the definition of Section 3(cc) is not in dispute. Both may not have been divested of their character as a government company but sub-clause (i) of Section 3(e) excludes a government company from the definition of company. Part VII (Sections 38 to 44B) of the Act provides...
0
4,423
343
### 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: Government and a co-operative society within the meaning of any law relating to co-operative societies for t...
Raja Soap Factory And Others Vs. S. P. Shantharaj And Others
of a principal civil court- called the District Court-and includes the local limits of the ordinary original civil jurisdiction of a High Court. If therefore a High Court is possessed of ordinary original civil jurisdiction, it would, when exercising that jurisdiction be included, for the purpose of Act 43 of 1958, in ...
1[ds]Section 24 of theCode of Civil Procedure on which counsel for the plaintiffs relied lends no assistance to his argument. Among the powers conferred upon a High Court by s. 24Code of Civil Procedure, there is enumerated the power to withdraw any suit, appeal or other proceeding in any Court subordinate to it, and t...
1
1,482
558
### 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: of a principal civil court- called the District Court-and includes the local limits of the ordinary origina...
AVITEL POST STUDIOZ LIMITED AND ORS Vs. HSBC PI HOLDING (MAURITIUS) LIMITED
it had been advised by the Jain Family (making the representations also on behalf of Avitel India), verbally, in writing and in the SSA itself, that Avitel India was about to and from 2 August 2011 had signed a contract with the BBC, for the BBC to use the services of Avitel India. This was false. Not only had a contra...
0[ds]5. First and foremost, it is correct to state that this prima facie case would necessarily depend upon what is the substantive law in India qua arbitrability when allegations of fraud are raised by one of the parties to the arbitration agreement.It will be seen from section 20 of the 1940 Act, as was held in Abdul...
0
24,423
2,533
### 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: it had been advised by the Jain Family (making the representations also on behalf of Avitel India), v...
Swastik Rubber Products Limited Etc Vs. Municipal Corporation of The City of Poona and Another
is found necessary to make new rules relating to octroi under sub-section (I) of section 149 of the Bombay Provincial Municipal Corporations Act, 1949, the Municipal Corporation of the City of Poona under its Resolution No. 78, dated 7.8-1962 in pursuance of the power vesting in it under clause (7) and clause (17) of s...
0[ds]11. The expression obviously includes not only a concern to be established but also one already established. But even then the appellant cannot get exemption unless he proves that there has been demarcation within the meaning ofe (8) of rule 5 of the octroi Rules. While demarcating an area for the purpose of rule ...
0
3,432
844
### 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: is found necessary to make new rules relating to octroi under sub-section (I) of section 149 of the Bombay Pr...
Anilkumar Dadurao Dhekle Vs. Rukhiben
to the said notice nor disputed the standard rent. By producing Ex.27 receipt and other receipts, the appellant-landlord has established that the tenancy was a ‘monthly tenancy’.16. In this regard, the learned counsel for the appellant has drawn our attention to the notice issued by the Defendant No. 1/2-Dahyalal Manil...
1[ds]12. So far as the first ground of eviction of arrears of rent is concerned, it is an admitted case that the tenant Manilal was in arrears of rent from 06.07.1974 to 05.05.1976 amounting to Rs.660/- and proper notice (Ex.31) was issued asking him to vacate premises in case he fails to make good the arrears of rent....
1
3,797
1,098
### 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 notice nor disputed the standard rent. By producing Ex.27 receipt and other receipts, the a...
N.SANKARANARAYANAN Vs. CHAIRMAN,TAMIL NADU HOUSING BOARD AND ORS
the land in question are illegal, hazardous and against the public safety inasmuch as they are being carried in violation of several provisions of the laws in force. 11. As mentioned above, the Division Bench dismissed the writ petition finding no merit therein with the following reasons in Para 17, which reads as unde...
0[ds]14. In our considered opinion also, the writ petition filed by the appellant was wholly misconceived and deserved dismissal at the threshold15. As rightly observed by the Division Bench, the dispute sought to be raised by the appellant in his writ petition was essentially a private property dispute between the mem...
0
1,850
776
### 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 land in question are illegal, hazardous and against the public safety inasmuch as they are being ca...
Bhagwantrao Vs. Vishwasrao And Another
of the family, and his comment is that the "patelki inam" lands in Berar stand on a footing different from karnam service lands in Madras and there are decisions in which it has been held that co-shares have a right to a share in service grants in Berar. The first decision to which our attention has been drawn is Krish...
0[ds]5. As a result of a detailed enquiry, survey numbers 1 to 21 and 40 to 45 of the "patelki inam" lands fell in the resumed portion and survey numbers 22 to 39 were included in the jagir portion. As survey numbers 2/1A and 9/1A in possession of the Rokade family fell in the resumed portion, they were recorded as Kha...
0
6,855
1,386
### 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 family, and his comment is that the "patelki inam" lands in Berar stand on a footing different from karnam ...
Shree Satish Prabhakar Padhye Vs. Union of India, Through The Secretary, Ministry of Law Justice & Company Affairs (Legislative Department) & Others
the living and does not beat its abstract wings in the jural void. Its functional fulfilment as social engineering depends on its sensitized response to situation, subject-matter and the complex of realities which require ordered control. A holistic understanding is simple justice to the meaning of all legislations. Fr...
1[ds]40. The case of the Petitioner therefore, goes further on humanitarian grounds. Having been employed in the foundry of Respondent No.5 and having had to work without acabin, and having had to discharge his duties as a Telephone Operator only with Auditory Modality usage, which solely caused his disability, the Pet...
1
7,512
2,759
### 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: the living and does not beat its abstract wings in the jural void. Its functional fulfilment as social engi...
The Jumma Masjid, Mercara Vs. Kodimaniandra Deviah
Judges were further of the opinion that in view of the decision of the Privy Council in Annanda Mohan Roy v. Gour Mohan Mullick, 50 Ind App 239 : ILR 50 Cal 929 : (AIR1923 PC 189) and the decision in Lakshmi Narayana Jagannada Raju v. Varada Lakshmi Narasimha, ILR 39 Mad 554 : (AIR 1916 Mad 579) which was approved ther...
0[ds]Considering the scope of the section on its term, it clearly applies whenever a person transfers property to which he has no title on a representation that he has a present and transferable interest therein, and acting on that representation, the transferee takes a transfer for consideration. When these conditions...
0
5,222
1,294
### 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: Judges were further of the opinion that in view of the decision of the Privy Council in Annanda Mohan Roy v....
Sumersinbh Umedsinh Rajput @ Sumersinh Vs. State Of Gujarat
Bushirt is torn then shirt also should have hole on it or Bushirt worn is found torn. It is true that looking at trouser. I say that one circle is made on it with pencil. That is not torn with bullet. It is true that looking at the trouser I say that, it is not entry cut. It is true that if vest has hole then two holes...
1[ds]e statements made by PW-5, it is evident that even in relation to the purported marks of entry of the bullet through the garments owned by the complainant, there existed a lot of discrepancies. Some sort of make-shift report was placed before him by way of "Yaadi", which prepared by the complainant and whereupon h...
1
2,229
879
### 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: Bushirt is torn then shirt also should have hole on it or Bushirt worn is found torn. It is true that looki...
Chandra Mohini Srivastava Vs. Avinash Prasad Srivastava and Anr
party",As we read this provision, it is clear that before a decree for divorce can be granted thereunder, there must first be a decree for judicial separation and thereafter under the amendment a decree for divorce will follow if one of two conditions is satisfied, namely that (i) a period of two years has elapsed or (...
1[ds]7. We are of opinion that special leave cannot be revoked on grounds put forward behalf of the first respondent. Section 28 of the Act inter alla provides that all decrees and orders made by the Court in, any proceedings under the Act may be appealed from under any law for the time being in force, as if they were ...
1
3,919
1,965
### 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: party",As we read this provision, it is clear that before a decree for divorce can be granted thereunder, th...
Hindustan Times Limited, New Delhi Vs. Their Workmen
that the assumption that the existing retirement age is 55 is wrong in respect of most of the workmen and that except for a few persons appointed after 1955 no retirement age is fixed either to the letters of appointment or in the standing orders of the Company. For all these employees for whom no retirement age has be...
1[ds]4. It is unnecessary to give more details of the difference between the old scale and the new scale as what has been mentioned above is sufficient to indicate that there has been some change in favour of the workmen, though this charge is not much.On an examination of the tribunals award as regards the wage scale,...
1
7,936
2,840
### 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 the assumption that the existing retirement age is 55 is wrong in respect of most of the workmen and that except for ...
Paramount Digital Color Lab and Ors Vs. Agfa India Pvt. Ltd. and Ors
handle the machine, is a question of fact and necessity? Ultimately, if it is purely for a "commercial purpose" and not for "self-employment", the complainant may not get the benefit of the Explanation to Section 2(1)(d) of the Act. The buyers of the goods or commodities for "self-consumption" in economic activities in...
1[ds]9. Heard learned Counsel for the Appellants and perused the records. It is relevant to note that no relief has been claimed as against Respondent No. 5. Having gone through the judgment of the National Commission, it is clear that though a number of points arose for consideration, it did not choose to decide the s...
1
3,447
1,483
### 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: handle the machine, is a question of fact and necessity? Ultimately, if it is purely for a "commercial purpose" a...
Balkrishna Somnath Vs. Sada Devram Koli and Another
stand on her or his own disabled legs and so the Proviso to s. 32F (1) (a) was brought in by amendment to give them protection for the period of the disability and a little longer. But every ruse to save the lands is used by landlords and so, once it was in the air that minors and widows may be exempted, a spate of par...
0[ds]The broad idea is to vest full ownership in the tenantry. A compassionate exception is made in favour of handicapped landlords who cannot prove their need to recover their land on approved grounds. These disabled categories include infants and widows. But if the lands belong to joint families of which they are mem...
0
2,699
1,201
### 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: stand on her or his own disabled legs and so the Proviso to s. 32F (1) (a) was brought in by amendment to give them prote...
S. Mohan Lal Vs. R. Kondiah
requires it for his own occupation. Section 10(3)(a)(iii) provides for the eviction of a tenant from a non-residential building where "the landlord is not occupying a non-residential building in a city town or village concerned which is his own or to the possession of which he is entitled whether under the Act or other...
0[ds]It is not a sound principle of construction to interpret expressions used in one Act with reference to their use in another Act; more so, if the two Acts in which the same word is used are not cognate Acts. Neither the meaning, nor the definition of the term in one statute affords a guide to the construction of th...
0
2,534
949
### 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: requires it for his own occupation. Section 10(3)(a)(iii) provides for the eviction of a tenant from a ...
Shobha Nelson Vs. The State Of Madhya Pradesh
the Appellants took prior permission before leaving for Zanzibar on deputation. In case the Appellants had gone abroad without seeking permission from the Government of Madhya Pradesh, the period spent by them in Zanzibar will be treated as `period of absence and a departmental inquiry would be initiated against them f...
1[ds]It is clear that the Appellants submitted their joining report in 1991. The interim orders passed by the Administrative Tribunal on 13.03.1991 and 28.10.1991 whereby the Respondent were directed to issue posting orders to the Appellants were not implemented. The Appellants had to resort to filing a contempt petiti...
1
1,642
408
### 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 Appellants took prior permission before leaving for Zanzibar on deputation. In case the Appellants had gone abroad wi...
Abdul Ghani Vs. State Of Jammu & Kashmir
be delivered to the detenu in addition to those grounds being communicated to him by being read out and translated. In the present case, under the proviso to Section 8, no grounds of detention have been served and there is no question of the petitioner knowing the grounds in detail in order to make a representation aga...
0[ds]3. This submission made by learned counsel, on the face of it, has no substance at all. The introduction of the provision contained in Article 35 (c), when applying the Constitution to the State of Jammu and Kashmir, did not in any way affect the right of a citizen of Jammu and Kashmir to move the Supreme Court of...
0
2,639
977
### 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: be delivered to the detenu in addition to those grounds being communicated to him by being read out and translated. In the...
Carona Sahu Company Limited Vs. Abdul Karim Munafkhan and Another
wages. The determination of the back wages is only on the basis of what the workman would have drawn during the period commencing from the date of dismissal and till the date of reinstatement and the quantum of back wages includes all the permissible increases during that interregnum. The expression "full wages last dr...
0[ds]The plain reading of the section makes it clear that the right to secure full wages is conferred upon the workman in cases were (a) award directs reinstatement of any workman; (b) employer prefers proceedings against such award in High Court or the Supreme Court and (c) the workman had not been employed in any est...
0
2,613
1,180
### 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: wages. The determination of the back wages is only on the basis of what the workman would have drawn during the period co...
Charu Chandra Kundu Vs. Gurupada Ghosh
protection and privilege under S. 54 of the Income-tax Act.3. It was the case of the appellant that in certain proceedings relating to assessment of income-tax of the appellant for the year 1949-50, the respondent had on February 22, 1950, made a statement before the Income-tax Officer, and to support his defence in th...
0[ds]5. It is manifest that disclosure of information given to public servants in the course of income-tax proceedings has by a comprehensive provision been prohibited. The Income-tax authorities are directed by the provision to treat the information disclosed, evidence given, and documents produced as confidential : t...
0
1,667
411
### 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: protection and privilege under S. 54 of the Income-tax Act.3. It was the case of the appellant that in certai...
Ashiwin S. Mehta Vs. Union Of India
shorn of all its formal trappings and dilatory features at the pre-decisional stage, unless, viewed pragmatically, it would paralyse the administrative process or frustrate the need for utmost promptitude. In short, this rule of fair play must not be jettisoned save in very exceptional circumstances where compulsive ne...
1[ds]In view of our finding that the decision of the Special Court is vitiated on the afore-stated grounds, it must follow as a necessary consequence that in the normal course, the impugned order must be struck down in its entirety. However, bearing in mind the fact that the sale of 54,88,850 shares was approved and al...
1
8,046
451
### 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: shorn of all its formal trappings and dilatory features at the pre-decisional stage, unless, viewed pragmatically, it would...
Union of India Vs. Prateek Shukla
Under the NDPS Act, the burden of proof lies on the accused and not the prosecution and the High Court has wrongly reversed the burden of proof; and (vi) Absolutely no valid reasons have been indicated in the judgment of the Single Judge for the grant of bail. 8. Pursuant to the notice that was issued by this Court on ...
1[ds]10. While evaluating the merits of the rival submissions in the context of the correctness of the order passed by the High Court granting bail, it would be necessary, at the outset, to note the reasons which weighed with the High Court in doing so. The High Court having recorded the submissions of the respondent a...
1
2,119
733
### 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: Under the NDPS Act, the burden of proof lies on the accused and not the prosecution and the High Court ...
Steelworth Ltd Vs. State of Assam
registered dealer intended for use in production of goods for sale became liable to sales tax. 2. The appellant Company is a limited company carrying on in the State of Assam its business of manufacturing, selling and supplying iron and steel materials. It held a Registration Certificate under the Assam Sales Tax Act, ...
0[ds]In our opinion this argument is without force. The Legislature, having chosen the articles on which it thinks necessary to impose a tax, has decided to impose the tax and it is difficult to see how it can be said that the goods supplied against a contract and goods manufactured and sold by the petitioner are simil...
0
1,233
237
### 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: registered dealer intended for use in production of goods for sale became liable to sales tax. 2. The appellant C...
B. Shah Vs. Presiding Officer, Labour Court, Coimbatore & Ors
arrive at the average daily wage. After thus finding out the average daily wage, the liability of the employer in respect of the maternity benefit has to be calculated in terms of S.5 of the Act for both pre-natal and post-natal period indicated above.13. The real though difficult question that calls for determination ...
0[ds]12. The provisions of S.5 of the Act quoted above make it clear that a woman worker who expects a child is entitled to maternity benefits for a maximum period of twelve weeks which is split up into two periods, viz., pre-natal and post-natal. The first one, i.e., pre-natal or ante-natal period is limited to the pe...
0
4,130
911
### 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: arrive at the average daily wage. After thus finding out the average daily wage, the liability of the e...
UNION OF INDIA & ORS Vs. R. THIYAGARAJAN
borrowing authority). The necessity for sending on deputation arises in public interest to meet the exigencies of public service. The concept of deputation is consensual and involves a voluntary decision of the employer to lend the services of his employee and a corresponding acceptance of such services by the borrowin...
1[ds]15. A reading of the aforesaid judgment makes it clear that deputation envisages the assignment of an employee of one department/cadre/organisation to another department/cadre/organisation in the public interest. It is also clear that normally deputation also involves the consent of the employee. In Prasar Bharti ...
1
2,884
713
### 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: borrowing authority). The necessity for sending on deputation arises in public interest to meet the exigenc...
RAJA SINGH Vs. STATE OF UP
order was passed repatriating them to their Parent department. Of course, in the meanwhile, writ petitions came to be filed by the appellants. However, there was no communication from the Department of Minority Welfare and Waqf to the other departments proposing for repatriation of the appellants to their Parent depart...
1[ds]Even though the said letter states that the appellants were appointed by deputation/service transfer, considering the surrounding circumstances that the appellants have undergone the selection process by appearing for interview before the Committee and that they were selected for appointment shows that it was ‘sel...
1
2,597
1,035
### 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: order was passed repatriating them to their Parent department. Of course, in the meanwhile, writ petitions...
Col. H.H. Sir Harinder Singh Vs. Commissioner of Income Tax, Punjab and Haryana, Jammu and Kashmir and Himachal Pradesh
that on a true construction of cl. (b) of S. 16 (3) of the Act ,as no benefit has accrued to the minor daughter in the year of account, the sum of Rs. 410/- could not be included in the total income of the assessee. This Court agreed with the view of the High Court. 24. It is clear from the above two decisions that whe...
1[ds]17. Taking the first contention of Mr. Puri, according to him the corpus of the property covered by the trust (in this case the Government Securities) should have been transferred for the benefit of the wife or the minor child. The minor daughter, in this case, was not entitled to the corpus of the trust property,...
1
6,976
2,664
### 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: that on a true construction of cl. (b) of S. 16 (3) of the Act ,as no benefit has accrued to the minor daughter in the year...
RAJBIR SURAJBHAN SINGH Vs. THE CHAIRMAN, INSTITUTE OF BANKING PERSONNEL SELECTION, MUMBAI
V. S. S. J. M.S.T. and Ors. v. V.R. Rudani and Ors. (supra) held The term ‘authority? used in Article 226 of the Constitution of India, must receive a liberal meaning unlike the term ?other authorities? in Article 12. Article 12 is relevant only for the purpose of enforcement of fundamental rights under Article 32. Art...
0[ds]It is true that the Governor of the Reserve Bank of India and the Chairmen of certain Public Sector Banks along with the Joint Secretary, Banking Division, Ministry of Finance are members of the governing body of the Respondent-Institute. There is no dispute that the Respondent is not constituted under a statute. ...
0
3,164
590
### 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: V. S. S. J. M.S.T. and Ors. v. V.R. Rudani and Ors. (supra) held The term ‘authority? used in Article 226 of the Constituti...
PAWAN KUMAR ARYA AND OTHERS Vs. RAVI KUMAR ARYA AND OTHERS
entered into between the parties. Therefore, as such, considering the fact that the parties entered into the consent terms/settlement for a complete parting of ways between the parties and so aimed at bringing about an eventual complete quietus to the disputes between the parties and even parties entered into the conse...
1[ds]From the aforesaid terms of settlement, it can be seen that it was an overall settlement of all the disputes between the parties in relation to the subject matter of AISCO, IMTC, Kash Foods, Orbit Arya Commercial Premises and the disputes in relation to the larger Arya Group of Companies and its constituents. As o...
1
7,657
1,426
### 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: entered into between the parties. Therefore, as such, considering the fact that the parties enter...
M/S Sumitomo Heavy Industries Ltd Vs. Oil & Natural Gas Company
the arbitrator is based on a possible view of the matter, the court is not expected to interfere with the award. The High Court has erred in so interfering. 36. Can the findings and the award in the present case be described as perverse? This Court has already laid down as to which finding would be called perverse. It ...
0[ds]34. In the present matter the Division Bench has observed, that the umpire exceeded his jurisdiction in awarding Appellants claim under17.3 of the agreement and that he has failed to apply his mind to the pleadings, documents and the evidence as well as particular clause of the contract to declare that the award w...
0
7,724
795
### 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: the arbitrator is based on a possible view of the matter, the court is not expected to interfere with the a...
Municipal Commr.P.C.M.Corpn,Pune Vs. M/S.Century Enka Ltd.,Pune
area for the first time on or after the date on which the Council levies the tax under these rules or at any time within a period of five years immediately proceeding such levy." * The respondents (though two in number, we would refer to the facts of M/s Century Enka Ltd.) claim exemption under the aforesaid resolution...
0[ds]5. This being the legal position, it cannot be held that the unit No. 2 (supra) set up for manufacturing of polyester filament yarn has to be regarded as result of reconstruction of the business already in existence, merely because the same had come into existence for effecting "substantial expansion" of the busin...
0
1,323
402
### 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: area for the first time on or after the date on which the Council levies the tax under these rules or at any time within a...
RAJENDRA LALITKUMAR AGRAWAL Vs. RATNA ASHOK MURANJAN
Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 06.08.2018 of the High Court of Judicature at Bombay in Second Appeal No. 44 of 2017 whereby the High Court dismissed the second appeal filed by the appellant herein. 3. In order to appreciate the short contr...
1[ds]11. Having perused the record and the judgments of the Trial Court, first Appellate Court and the impugned order, we are of the considered view that the High Court was not right in holding that the appeal does not involve any substantial question of law within the meaning of Section 100 of the Code. In our view, t...
1
1,038
588
### 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: Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dat...
S. Raghuraman Indian Inhabitant Vs. H.M.T. Limited
Officer recorded the finding that as the voucher of Rs. 795.50 does not bear signature of Shri R.Jayaraman acknowledging receipt of Rs. 795.50/- , the said amount of Rs. 795.50 was misappropriated by the petitioner.11. Likewise the petitioner paid Rs. 4000/- by cash to M/s.Jaihind Art Printers but prepared and accounte...
0[ds]9. Having considered the submissions made by the learned Counsel, we are of the view that the impugned orders passed by the respondents call for no interference. We have gone through the proceedings of the enquiry and the enquiry report. Insofar as the first charge is concerned, the same relates to issuance of bea...
0
2,977
1,359
### 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: Officer recorded the finding that as the voucher of Rs. 795.50 does not bear signature of Shri R.Jayaraman acknow...
Faridabad Complex Administration Vs. M/S. Iron Master India (P) Ltd
1993-94 from the respondent on their properties. The appellant also sought a declaration that a demand notice dated 20.11.1993 raised by the appellant calling upon the respondent to pay Rs. 48,599.40 towards the House Tax on their properties is illegal.5. The appellant filed written statement and defended the aforement...
0[ds]8. It is unfortunate that no one appeared for the appellant to argue the appeal before this Court when the case was called on for hearing twice. We, however, refrained ourselves from dismissing the appeal in default and instead perused the record with the assistance of Mr. A.K. Singla, learned senior counsel for t...
0
1,340
498
### 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: 1993-94 from the respondent on their properties. The appellant also sought a declaration that a demand notice dated 20.11...
State Of Punjab Vs. Dharam Singh
forbidding its extension beyond a certain maximum period.5. The same view was taken in Narain Singh Ahluwalia v. State of Punjab, Civil Appeal No. 492 of 1963, D/- 29-1-1964 (SC). It was suggested before US that the service rules in that ease provided for a maximum period of probation of two years beyond which the prob...
0[ds]In the present case, Rule 6 (3) forbids extension of the period of probation beyond three years. Where, as in the present case, the service rules fix a certain period of time beyond which the probationary period cannot be extended, and an employee appointed or promoted to a post on probation is allowed to continue...
0
2,588
923
### 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: forbidding its extension beyond a certain maximum period.5. The same view was taken in Narain Singh Ahluwalia v. State of Pu...
State Of Madras Vs. M/S.K.C.P. Ltd
of a manufacturing process leading to the production of such saleable commodity."The facts in the decision of the Court under discussion were different and distinguishable from the present case. The tanning bark was actually consumed in the process of manufacturing another commodity and it was either used as an ingredi...
0[ds]The facts in the decision of the Court under discussion were different and distinguishable from the present case. The tanning bark was actually consumed in the process of manufacturing another commodity and it was either used as an ingredient or for adding the process of manufacture which cannot be said about the ...
0
2,627
459
### 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 a manufacturing process leading to the production of such saleable commodity."The facts in the decision of the Court un...
Khub Chand & Others Vs. State of Rajasthan & Others
the intention of the officer to enter his land before he does so and that of the other is to enable him to know the particulars of the land which is sought to be acquired. In the Land Acquisition Act, 1894 (Central Act 1 of 1894) there is no section corresponding to S. 5 (2) of the Act. Indeed sub-s. (2) of S. 5 of the...
1[ds]6. This argument was not accepted by the High Court, and, in our view rightly. The provisions of a statute conferring power on the Government to compulsorily acquire lands shall be strictly construed. Section 4 in clear terms says that the Collector shall cause public notice of the substance of such notification t...
1
3,277
1,043
### 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 intention of the officer to enter his land before he does so and that of the other is to enable him to know the parti...
R.C. Chandel Vs. High Court Of M.P.
review petition filed by him before the Chief Justice after his representations for expunction of adverse remarks for the period ending on 31.03.1993 and 31.03.1994 had been thrice earlier rejected. The appellant approached Shri R. K. Malaviya, Member of Parliament and Chairman, House Committee (Rajya Sabha) for his gr...
0[ds]40. The conduct of the appellant in involving an M.P. and the Ministry of Law, Justice and Company Affairs, in a matter of the High Court concerning an administrative review petition filed by him for expunging adverse remarks in ACRs of 1993 and 1994 is most reprehensible and highly unbecoming of a judicial office...
0
6,375
442
### 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: review petition filed by him before the Chief Justice after his representations for expunction of adverse ...