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WAINGANGA BAHUDDESHIYA VIKAS SANSTHA THR. PRESIDENT B.B. KARANJEKAR Vs. KU. JAYA
find out misconduct on the part of the officer and if a termination follows without giving an opportunity, it will not be bad. Even in a case where a regular departmental enquiry is started, a charge-memo issued, reply obtained, and an enquiry officer is appointed — if at that point of time, the enquiry is dropped and ...
1[ds]9) We find that the Division Bench has travelled much beyond the controversy involved in the writ petition. The appointment of respondent No. 1 is categorically on ad-hoc basis till such time full time Lecturer is appointed. The order of termination of services is simpliciter without any stigma noticing that the w...
1
2,011
364
### 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: find out misconduct on the part of the officer and if a termination follows without giving an opportuni...
PARAMJIT SINGH Vs. STATE OF PUNJAB
P. Venkatarama Reddi and S.B. Sinha, JJ. 1. The Appellant herein and one Kaka Singh faced trial before the Additional Sessions Judge, Patiala, for murdering one Dildar Singh on the evening of 18.10.1990. Kaka Singh was held guilty of the offence u/s 302, I.P.C. and the SLP filed by him in this Court was dismissed. We a...
1[ds]It is seen from the evidence that the Appellant was unarmed and even the other accused Kaka Singh did not carry any weapon other than the kirpan which he was having with him according to the tradition. The only evidence on the part played by the Appellant-accused is the exhortation made by him not to allow the dec...
1
831
326
### 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: P. Venkatarama Reddi and S.B. Sinha, JJ. 1. The Appellant herein and one Kaka Singh faced trial before the...
Secretary to Govt. Commercial Taxes and Registration Department, Secretariat and Ors Vs. A.Singamuthu
something that is irregular for want of compliance with one of the elements in the process of selection which does not go to the root of the process, can be regularized, back door entries, appointments contrary to the constitutional scheme and/or appointment of ineligible candidates cannot be regularized. (ii) Mere con...
1[ds]9. Part-time or casual employment is meant to serve the exigencies of administration. It is a settled principle of law that continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service. The person who is engaged on temporary or casual basis is well aware...
1
4,635
933
### 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: something that is irregular for want of compliance with one of the elements in the process of sel...
Secretary, Home (Endowments), Andhra Pradesh Vs. Digyadarsam Rajindra Ram Dasjee
conditions are necessary, viz., (a) a vacancy must have occurred, in the office of the trustee of a math; and (b) there must be a dispute, respecting the right of succession to such office. In this case, it is possible to say, in view of the claim made by Devendra Dass, and the litigations referred to, above, that ther...
0[ds]That there must be an actual vacancy, unfilled, is clear, from the wording of Section 53 (1) when it deals with two different contingencies, providing for the assumption of management. Under the first contingency, a vacancy should have occurred in the office of a trustee of a Math and there is a dispute in respect...
0
4,246
1,695
### 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: conditions are necessary, viz., (a) a vacancy must have occurred, in the office of the trustee of a math; and...
Oswal Agro Mills Ltd Vs. Hindustan Petroleum Corp. Ltd.
binding to me, to my heirs, executors, assignees, assigns and to everybody derives title through or under me.Dated this 7th day of January, 2011Yours faithfullyOswalAgro Mills Ltd.” In view of this Indemnity Bond, the Municipal Corporation had no reason to file any appeal against the order of the High Court, and we dis...
0[ds]13. (i) Our Learned Brother Singhvi, J. appears to have been persuaded to accept the submissions of the appellant in view of the affidavit of Dr. Seema Garg, Vice President of the appellant. The affidavit points out that on the southern side of the refinery, the Gavanapada Village is located with a population of a...
0
13,040
949
### 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: binding to me, to my heirs, executors, assignees, assigns and to everybody derives title through ...
Dattatreya Shanker Mote and Others Vs. Anand Chintaman Datar and Others
1944 Nag 1) the plea of a defendant charge-holder under a decree was repelled as against the plaintiff-respondent who had brought a suit to enforce a subsequent mortgage because the mortgagee had no notice of the charge. Grille, C.J. observed, with regard to the distinction between the unamended and amended sections (a...
0[ds]It is apparent from the provisions of the above section that a charge does not amount to a mortgage though all the provisions which apply to a simple mortgage contained in the preceding provisions shall, so far as may be, apply to such charge. While a charge can be created either by act of parties or operation of ...
0
18,065
4,878
### 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: 1944 Nag 1) the plea of a defendant charge-holder under a decree was repelled as against the plaintiff-respondent ...
Global Energy Ltd. Vs. Central Electricity Regulatory Com
no further action had been taken. In the aforementioned fact situation, this Court while opining that applications for grant of mining lease should be dealt with within a reasonable time but on that account the applicant would not be clothed with a right for disposal thereof, stating: "...No one has a vested right to t...
1[ds]29. Our attention has been drawn to some other legislations wherein the concept of `fit and proper person had been applied, namely, Securities and Exchange Board of India (Criteria for Fit and Proper Person) Regulations, 2004.30. We have not been shown as to how the purpose and object of the said Regulations can b...
1
8,144
716
### 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 further action had been taken. In the aforementioned fact situation, this Court while opining that applications for gra...
CHIEF GENERAL MANAGER GUJARAT TELECOM CIRCLE, BHARAT SANCHAR NIGAM LTD Vs. MANILAL AMBALAL PATEL
under Rule 13(3) and also keeping in mind that the applicant did not take steps to challenge the order dated 04.08.2008, we would think that much may not turn on our even accepting the view of the High Court, that there was no criminal proceeding as on the date of the retirement. It also must be noted that the present ...
1[ds]10. There is no dispute that CVP has been paid to the applicant after the conclusion of the vigilance proceedings, clearing the applicant, but the question to be considered by us as to whether the applicant was entitled to be paid interest for the period immediately after retirement till the date on which the CVP ...
1
9,620
3,672
### 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: under Rule 13(3) and also keeping in mind that the applicant did not take steps to challenge the order dated 04.08.2008, we...
State Of Punjab Vs. V.K. Khanna
Scale Industries and Export Corporation) reported in writing that they paid Rs. 2 lacs for laying the Cricket Pitch at Mohali.(iv) The note dated 21.1.1997 of Chief Administrator PUDA brought out may serious irregularities in regard to grant of funds for the Cricket Stadium and the `PCA Club.(v) It had also come to the...
0[ds]40. As noticed above malafide intent or biased attitude cannot be put on a straight jacket formula but depend upon facts and circumstances of each case and in that perspective judicial precedents would not be of any assistance and as such we refrain from further dealing with various decision cited from the Bar sin...
0
11,195
70
### 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: Scale Industries and Export Corporation) reported in writing that they paid Rs. 2 lacs for laying the Crick...
Management Of National & Grindlaysbank Ltd Vs. Their Workmen
be admissible to the workmen of National and Grindlays Bank Ltd., Kanpur Branch and from which date".The Tribunal called for information in respect of the number of employees in the category of workmen, as well as of officers or staff on special rates and pay working at the Kanpur Branch. It also required the Bank to g...
1[ds]9. It appears to us that the object of the bipartite agreement was to standardise the facility in respect of medical aid and expenses, but when it was found that one of the Branches of the Appellant Bank was not able to fall in line that was left to further negotiations, but nonetheless it was made clearly manifes...
1
2,497
663
### 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: be admissible to the workmen of National and Grindlays Bank Ltd., Kanpur Branch and from which date".Th...
State of Haryana Vs. Jagbir Singh and Others
GOSWAMI, J.1. These two appeals by special leave are directed against the judgment and order of acquittal of both the accused respondents of the High Court of Punjab and Haryana. They had been earlier convicted under Section 302/34, I.P.C. and sentenced to imprisonment for life by the Sessions Judge. The case depends e...
0[ds]6. The High Court found a very serious infirmity in the entire prosecution case from an admission which had been made earlier by Sukhbir Singh (PW 18), the father of the deceased. From that statement the High Court found that Sukhbir Singh had admitted that the accused were arrested by the police in this case on M...
0
951
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: GOSWAMI, J.1. These two appeals by special leave are directed against the judgment and order of acquittal of both ...
Paresh P.Rajda Vs. State Of Maharashtra
of Section 141 and has to be made in a complaint. Without this averment being made in a complaint, the requirements of Section 141 cannot be said to be satisfied.(b) The answer to the question posed in sub-para (b) has to be in the negative. Merely being a director of a company is not sufficient to make the person liab...
0[ds]6. As this matter had come before the three-Judge Bench on a reference, the Bench reverted the matter for a discussion on facts to a Bench of two-Judges. It was this matter which was again examined by the Bench and reported as S.M.S. Pharmaceuticals Ltd. (2007) 4 SCC 70 and it was found that the necessary avermen...
0
2,266
781
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of Section 141 and has to be made in a complaint. Without this averment being made in a complaint, the requir...
Board Of Revenue For Rajasthan, Ajmer & Ors Vs. Rao Bal Deo Singh & Ors
in the present case falls directly within the ambit of Section 23 of the Act and the Jagir Commissioner alone has the exclusive jurisdiction to determine that question. 8. It was objected on behalf of the respondents that, in any case, the question cannot be determined by the Jagir Commissioner after the resumption pro...
1[ds]It is true that respondent No. 1 had applied for correction of entries in the revenue records but the correction of revenue records really depended upon the determination of the character of the disputed property and unless it was held by competent authority under the Act that the property was khudkasht land of th...
1
5,484
1,525
### 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: in the present case falls directly within the ambit of Section 23 of the Act and the Jagir Commissioner alone has the exclus...
Shree Vallabh Glass Works Limited Vs. State of Maharashtra and Others
it is necessary to examine the pith and substance of the Act and if the matter comes substantially within an item in the Central List, it is not deemed to come within an entry in the Provincial List even though the classes of subjects looked at singly overlap in many respects. 10. In a later judgment, namely, (Sudhir C...
1[ds]The validity of the Bombay Village Panchayats Act is not in question. It is an Act enacted by a competent Legislature and has received the assent of the President of India. Any Act of the Parliament which impinges upon the powers of the Gram Panchayat under a law which is valid will have to be read down so as to s...
1
3,091
1,018
### 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: it is necessary to examine the pith and substance of the Act and if the matter comes substantiall...
ALEMBIC PHARMACEUTICALS LTD Vs. ROHIT PRAJAPATI & ORS
(I) v Union of India (2005) 11 SCC 559 . Fourth, though in the context of the facts of the case, this Court in Lafarge Umiam Mining Private Limited v Union of India (2011) 7 SCC 338 ( Lafarge) has upheld the decision to grant ex post facto clearances with respect to limestone mining projects in the State of Meghalaya. ...
1[ds]In the present case, to demonstrate that the NGT did not have the jurisdiction to strike down the circular dated 14 May 2002, it was urged that the circular was issued by the MoEF pursuant to its powers under Section 3 of the Environment Protection Act 1986. There is an inherent difficulty in accepting the submiss...
1
10,472
3,137
### 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: (I) v Union of India (2005) 11 SCC 559 . Fourth, though in the context of the facts of the case, this Court in Lafarge Umiam...
APSRTC Vs. SRI K. SATHAIAH
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 was held against the workman after which an initial decision was taken to terminate...
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
1,625
657
### 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: 6. Mr. Gourab Banerji, learned senior counsel appearing on behalf of the appellants submits that ...
Batahari Jena Vs. State Of Orissa
Assistant Superintendent of Police in the erstwhile Patiala State on February 4, 1942 and confirmed in that rank on the occurrence of regular vacancy after undergoing practical district training courses, and after promotion to the rank of Superintendent of Police in an officiating capacity in February, 1950 in the said...
0[ds]In our view the above contention cannot be accepted. Before May 21, 1963 an employee of the Government of Orissa would have been due for superannuation when he attained the age of 55 years whether he had or had not put in thirty years qualifying service. Government had before the said date an option to ask him to ...
0
2,499
625
### 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: Assistant Superintendent of Police in the erstwhile Patiala State on February 4, 1942 and confirmed in tha...
Dr.(Mrs.) Roshan Sam Boyee Vs. B.R. Cotton Mills Ltd.
therein. In the circumstances which we have already set out earlier, we are of the view that re- spondent no. 1 is guilty of misconduct amounting to contem pt and must be held to have committed contempt by giving the said undertaking and instructing its counsel to give the clarification of the meaning of the said under...
1[ds]We find that under clause (1 ) of Article 142 of the Constitution, it is provided that this court in exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any case or matter pending before it and any decree so pa ssed or order so made shall be enforced t...
1
5,315
815
### 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: therein. In the circumstances which we have already set out earlier, we are of the view that re- spon...
Prashanti Medical Services and Research Foundation Vs. Union of India (UOI) and Ors
the National Committee.19. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward to question the constitutional validity of Sub-section (7) except the Appellant herein. In other words, out of 28 projects owners whose projects were ap...
0[ds]17. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are not inclined to interfere with the impugned order of the High Court19. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12.2015 but none of them (27) has come forward t...
0
3,854
920
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the National Committee.19. It is not in dispute that 28 projects were approved by the Committee by notification dated 07.12....
MD. ALI IMAM & ORS.ETC.ETC Vs. THE STATE OF BIHAR THR. ITS CHIEF SECRETARY & ORS
deficit, the Government makes up the deficit as a matter of assistance to education. It is in this background that the controversy has to be analyzed by us. 4. The story starts from 05.11.1980 when resolution No.1500 was passed by the Government of Bihar introducing the General Provident Fund-cum-pension-cum-gratuity b...
0[ds]10. If we see the rationale of the impugned judgment as set out para 29 onwards, we may notice that the same is predicated on the absence of arbitrariness in the applicability of the cut-off date of the amendment in the Triple Benefit Scheme statute as well as the rationality behind it based on the date of the Cab...
0
1,255
444
### 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: deficit, the Government makes up the deficit as a matter of assistance to education. It is in this ba...
M/S. Tungabhadra Industries Ltd Vs. The Commercial Tax Officer, Kurnool
it remains an oil-a glyceride of fatty acids-that it was when it issued out of the press. 18. In our opinion, the learned Judges of the High Court laid an undue emphasis on the addition by way of the absorption of the hydrogen atoms in the process of hardening and on the consequent inter-molecular changes in the oil. T...
1[ds]11. The argument based on the reason of the rule cannot carry the appellant far, since in the present case it is an exemption from tax which he invokes and of which he seeks the benefit. If the words of the rule are insufficient to cover the case, the reason behind the rule cannot be availed of to obtain the relie...
1
4,583
1,768
### 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: it remains an oil-a glyceride of fatty acids-that it was when it issued out of the press. 18. In our opinion,...
Rajinder Singh Chauhan Vs. State Of Haryana
services. The probation period will be 12 months for all the posts of Class I, II, III which may further be extended by such time as deemed fit, but in no case it will exceed 24 months, in all. The probation period for Class-IV shall be 6 months which may further be extended by such time as may be deemed fit but in no ...
1[ds]9. Section 25-F appears in Chapter V-A of the Act which relates to lay-off and retrenchment. Section 25-K, L and N appear in Chapter V-B which relates to special provisions relating to lay-off, retrenchment and closure in certain establishments. In other words Chapter V-A deals with the general provisions relating...
1
2,958
240
### 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: services. The probation period will be 12 months for all the posts of Class I, II, III which may furthe...
Afcons Infrastructure Ltd Vs. Nagpur Metro Rail Corporation Ltd.
Coalfields Ltd. v. SLL-SML (Joint Venture Consortium) (2016(8) SCALE 99)it was held by this Court, relying on a host of decisions that the decision making process of the employer or owner of the project in accepting or rejecting the bid of a tenderer should not be interfered with. Interference is permissible only if th...
1[ds]16. In the present appeals, although there does not appear to be any ambiguity or doubt about the interpretation given by NMRCL to the tender conditions, we are of the view that even if there was such an ambiguity or doubt, the High Court ought to have refrained from giving its own interpretation unless it had com...
1
2,639
146
### 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: Coalfields Ltd. v. SLL-SML (Joint Venture Consortium) (2016(8) SCALE 99)it was held by this Court, relying...
State of Uttar Pradesh and Others Vs. Indian Hume Pipe Company Limited
before the High Court, did not controvert any of the facts mentioned by the respondent, vide paragraphs 4, 5 and 6 of the counter-affidavit filed before the High Court. The materials consist of certificates by Local Self-Government, Engineering Department, U.P., to show that the pipes supplied by the respondent were no...
0[ds]In our opinion, the facts of this appeal lie within a very narrow compassIt is well-settled that when we are dealing with the articles used for business purposed, the terms must be interpreted in a purely commercial senseIn these circumstances, therefore, we have to construe the expression "sanitary fittings" in t...
0
1,821
586
### 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: before the High Court, did not controvert any of the facts mentioned by the respondent, vide paragraphs 4, 5 and 6 of the c...
Employees State Insurance Corpn Vs. Distilleries&Chemical Maz.Union
the High Court and it would cause extreme and grave hardship to the employer if it is required to pay contribution for the past for no fault of its own. It is also submitted that no party should suffer because of the orders of the Court if duly complied with. 16. We see much force, substance and merit in the above subm...
1[ds]In our opinion, the High Court was fully justified in passing the judicious order after considering the equities by directing the employer and the employees to make ESIC contribution for the future i.e. from the date of disposal of the writ petition and should not bear with the liability for the past inasmuch as t...
1
3,767
684
### 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 High Court and it would cause extreme and grave hardship to the employer if it is required to pay contr...
Mahapalika Of City Of Agra Vs. Agra Brickkiln Owners' Association & Ors
law, but there was some continuity maintained. A certain ceiling on taxes on professions, trades, callings and employments had been set by Article 276 of the Constitution of India, but this maximum was not Rs. 50/- as in the Government of India Act, 1935 but Rs. 250/-. We may as well extract sub-clause (2) of Article 2...
1[ds]10. This does not mean that anything beyond Rs. 250/- (the tax freeze under Article 276 (2)) can be levied. No. The constitutional maximum prevails as it covers all taxes on trade or calling even today. Therefore, until Parliament makes any other law, as contemplated in the proviso to Section 172 of the Adhiniyam,...
1
1,996
272
### 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: law, but there was some continuity maintained. A certain ceiling on taxes on professions, trades, cal...
Steel Authority Of India Ltd Vs. Union Of India
by mutual agreement. A settlement or an award in terms of Section 18(3)(b) of the 1947 Act is binding on all workmen including those who may be employed in future. 29. What assumes importance is the ultimate goal where for the 1947 Act was enacted, namely, industrial peace and harmony. Industrial peace and harmony is t...
1[ds]21. We may reiterate that neithernor the writ court could determine the question as to whether the contract labour should be abolished or not, the same being within the exclusive domain of the Appropriate Government.22. A decision in that behalf undoubtedly is required to be taken upon following the procedure laid...
1
4,541
621
### 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: by mutual agreement. A settlement or an award in terms of Section 18(3)(b) of the 1947 Act is binding on all workm...
Ramesh Vs. State By Madhugiri Police
suspected that the informant had spoiled his sister. The informant as also the other persons present there apprehended the appellant and produced him before the Police and gave another report and accordingly Section 302 and 201 of the Indian Penal Code were added in Crime No.130 of 1994. After arrest by the Police, app...
0[ds]9. It is trite that the High Court in appeal from the judgment of acquittal does not interfere with the same in case the view taken by the trial court is one of the possible views. It is equally well settled that the High Court in an appeal from the judgment of acquittal possesses the power to appraise the evidenc...
0
1,442
572
### 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: suspected that the informant had spoiled his sister. The informant as also the other persons present there ...
SUDHAKAR BABURAO NANGNURE Vs. NORESHWAR RAGHUNATHRAO SHENDE
A Balakrishnan (1977) 3 SCC 255 and Amarjeet Singh v Devi Ratan (2010) 1 SCC 417 . 79. The delay has, in our view, justifiably weighed with the High Court. Coupled with this is an equally relevant consideration which must weigh with the court: the appellant has not challenged the appointment of the first respondent as ...
0[ds]17. What emerges from the order dated 12 December 2017 is that:(i) Liberty was granted to the appellant specifically to pursue the remedies available in law on the grievance that the issue of catch-up, though raised, had not been considered by the High Court; and(ii) This Court had not considered the matter on mer...
0
15,355
4,347
### 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: A Balakrishnan (1977) 3 SCC 255 and Amarjeet Singh v Devi Ratan (2010) 1 SCC 417 . 79. The delay has, i...
The General Assurance Society Ltd Vs. The Life Insurance Corporation Of India
form a separate fund, the assets of which shall after the expiry of six months, be kept distinct and separate from all other assets of the insurer. Section 11 of the Insurance Act enjoins every insurer in respect of insurance business transacted by him to prepare with reference to every year in accordance with the regu...
0[ds]offer was couched in clear and unambiguous terms. It was a composite offer. The letter could not be construed to contain two different matters, one an offer of compensation and the other a demand for payment of the amount due to the respondent in respect of the paid-up capital allocable to the controlled business....
0
7,219
2,253
### 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: form a separate fund, the assets of which shall after the expiry of six months, be kept distinct and separa...
State Bank of India and Anr Vs. New India Assurance Company Limited
of the State Consumer Disputes Redressal Commission, Andhra Pradesh (SCDRC). 3. On 14 November 2005, a loan agreement was entered into between the first appellant - State Bank of India (Bank) and the second respondent (Borrower). Under the terms of the agreement, all the assets which were charged to the Bank were to be...
1[ds]7. Having heard the learned counsel appearing on behalf of the contesting parties, it has emerged from the record that the order of the SCDRC was accepted by the borrower. The only direction of the SCDRC was for the Bank to forward the insurance claim to the insurer. As between the Bank and the borrower, there has...
1
1,141
199
### 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 the State Consumer Disputes Redressal Commission, Andhra Pradesh (SCDRC). 3. On 14 November 2005, a ...
Dharampal Vs. State of Uttar Pradesh
2 to 4 had been caused by friction against a hard substance. On internal examination the doctor acted that the peritoneum was found cut under injury No. 1, cutting mesenteric vessels in greater omentum. The abdominal cavity contained about 1 1/2 pint blood. The left lobe of liver was cut to the extent of 3/4". In opini...
0[ds]8. We have given due consideration to the aspects mentioned by Mr. Nuruddin Ahmed, but we see no reason to interfere with the sentence of death. There is nothing to show that the appellant was in any way goaded or induced to act in the manner he did, by his father and brothers. On the other hand the evidence discl...
0
1,731
210
### 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: 2 to 4 had been caused by friction against a hard substance. On internal examination the doctor acted that ...
KALINDI DAMODAR GARDE(D) BY LRS Vs. MANOHAR LAXMAN KULKARNI AND ORS
sections 15 and 16 of the Hindu Succession Act. xx xx xx In my opinion, the fictional severance of ties with the natural family would not mean that her children would cease to be her children or can be considered to be not her children by means of a legal fiction. If by virtue of the definition in Section 3(j) even the...
0[ds]13. Since the succession has opened after the death of Laxman on 10 th January, 1987, therefore, succession has to be in accordance with the Act and not as per Hindu law as all text, rule or interpretation of Hindu law prior to commencement of the Act have ceased to have any effect unless expressly provided for in...
0
4,852
873
### 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: sections 15 and 16 of the Hindu Succession Act. xx xx xx In my opinion, the fictional severance of ties with the natural fam...
Patasi Devi Vs. State Of Haryana
respondent No. 6 and the land of the petitioner is surrounded by the land of Sun City by three sides and cannot be choose for any purpose except to acquire the same and hand over it to the respondent No. 6 and the acquisition proceedings are not meant for public purpose in true sense and the authorities are bent upon t...
1[ds]we consider it necessary to observe that in the present case no evidence was produced by the official respondents before the High Court to show that possession of the appellants land and the house constructed over it had been taken by the competent authority between 9.12.2009, i.e., the date on which the award was...
1
3,972
745
### 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: respondent No. 6 and the land of the petitioner is surrounded by the land of Sun City by three sides and cannot be choose...
Aries and Aries Vs. Tamil Nadu Electricity Board
to the learned Counsel, the suit having been filed on 6th November, 1984 is within limitation as provided for Under Article 113 of the Limitation Act, 1963.6. Learned Counsel for the Appellant has further argued that insofar as the claim for escalation on account of materials and labour is concerned, the same has been ...
1[ds]10. In the present case, de hors the correspondences that had been exchanged by and between the parties after the date of final payment i.e. 13th January, 1981, the aforesaid date of final payment would have been crucial for determination of the period of limitation for filing the instant suit. However, in the pre...
1
1,773
567
### 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: to the learned Counsel, the suit having been filed on 6th November, 1984 is within limitation as provided ...
Chhitarmal Vs. M/S. Shah Pannalal Chandulal
to July 1, 1951, less Rs. 4, 000 subsequently received by him. The petitioner also claimed a decree for the balance of the price. after giving credit for commission, dalali and godown charges incurred by the respondents as his agents and as he was not in a "position to know" the amounts due to or disbursed by the respo...
0[ds]In our view the contention raised by the petitioner under either head has no substanceThe expression "property" is not defined in the Code, but having regard to the use of the expression "amount" it would apparently include money. But the property respecting which the claim or question arises must be property in a...
0
1,438
409
### 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: to July 1, 1951, less Rs. 4, 000 subsequently received by him. The petitioner also claimed a decree for the...
B. P. Heera & Etc. Etc Vs. C.M. Pradhan & Etc. Etc
Act, how can S. 70 be said to apply to it? asks the learned Attorney-General.It is obvious that S. 4 mentions and applies only to establishments and it has no application to factories and we are dealing with employees in a factory.Indeed as we have already observed, no provision of the Act except S. 70 applies to facto...
0[ds]It is clear that the duties of the progress time-keepers do not fall within the first part of S. 2 (k)It is true that the finding of the Authority in respect of the timekeepers is against the respondents;If the construction placed on S. 70 of the Act by the Authority is correct, the claims of employees who are wor...
0
4,681
1,166
### 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: Act, how can S. 70 be said to apply to it? asks the learned Attorney-General.It is obvious that S. 4 mentions and...
M/S TERAI TEA COMPANY LIMITED Vs. KUMKUM MITTAL
stamp duty which was paid on the deed of conveyance which the appellant is indisputedly at liberty to recover by due process of law but that will not give any benefit in reference to the agreement to sell dated 15 th January, 1990 which indisputedly was unstamped and in the given circumstances, the High Court has not c...
1[ds]16. In the peculiar facts and circumstances, where the parties to the proceedings originally in Suit No. 240 of 1990 filed at the instance of the appellant have consented to obtain a consent decree of specific performance dated 2 nd August, 1991 pursuant to which deed of conveyance was executed on 3 rd August, 199...
1
2,432
386
### 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: stamp duty which was paid on the deed of conveyance which the appellant is indisputedly at liberty to r...
State Of Kerala Vs. Ramaswami Iyer & Sons
what is the true and real extent of the transactions which are assessable; all these and other allied questions have to be determined by the appropriate authorities themselves; and so, we find it impossible to accept Mr. Sastris argument that the finding of the appropriate authority that a particular transaction is tax...
1[ds]The assessing authority invested with power under the Travancore-Cochin General Sales Tax Act is constituted by the Act a tribunal, which within the limits of its authority is competent to decide all questions of fact and law arising before him in the course of proceedings for assessment, and of his own jurisdicti...
1
3,210
441
### 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: what is the true and real extent of the transactions which are assessable; all these and other allied questi...
Regu Mahesh @ Regu Maheswar Rao Vs. Rajendra Pratap Bhanj Dev
the averments made in paras 1 to 17 of the petition have been staged to be true to the personal knowledge of the petitioner and in the next breath the very same averments have been stated to be based on the information of the petitioner and believed by him to be true. The source of information is not disclosed. As obse...
0[ds]14. In R.P. Moidutty vs. P.T. Kunju Mohammad and another (2000 (1) SCC 481 ) it was, inter alia, held asthe averments made in paras 1 to 17 of the petition have been staged to be true to the personal knowledge of the petitioner and in the next breath the very same averments have been stated to be based on the info...
0
4,119
659
### 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 averments made in paras 1 to 17 of the petition have been staged to be true to the personal knowledge of the petition...
Ahmedabad Manufacturing & Calico Printing Co. Ltd. & Others Vs. State of Gujarat & Others
to other lands. Section 128 of the Code then provides:"Section 128 : The existing exemption from payment of land revenue of lands other than lands which have hitherto been ordinarily used for purposes of agriculture only, situate within the sites of towns and cities in which an inquiry into titles has been made under t...
0[ds]4. It will be noticed that education cess is of three separate kinds. It is (a) a surcharge on land revenue assessed on purely agricultural lands, or (b) a surcharge on non-agricultural assessment in respect of lands used for non-agricultural purposes or (c) a tax on lands and buildings which do not bear land reve...
0
2,949
899
### 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: to other lands. Section 128 of the Code then provides:"Section 128 : The existing exemption from payment of land revenue of...
UCO BANK Vs. NATIONAL TEXTILE CORPORATION LTD. & ANR
claims being put forth. It is further brought to the notice that the present mechanism brought in through the Office Memorandum dated 22.05.2018 is the Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) wherein a similar consideration as was being made by PMA will be made. 18. The learned Additional Soli...
0[ds]19. As already noticed, since the present examination herein is limited to the aspect relating to forum and when it is seen that the claim initially made by the appellant is against the Shree Sitaram Mills Ltd. and the Respondent No.1 herein is disputing the liability for the same by bringing about a distinction s...
0
3,948
879
### 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: claims being put forth. It is further brought to the notice that the present mechanism brought in through the...
K. Guruprasad Rao Vs. State of Karnataka & Others
the petitioner for grant of permission for diversion of 660.749 hectares of forest land for mining of bauxite ore in Lanjigarh Bauxite Mines in two Districts of the State was rejected, the three Judge Bench extensively referred to Saxena Committee report, which covered several issues including violation of the rights o...
1[ds]Mining within the principle of sustainable development comes within the concept ofwhereas mining beyond the principle of sustainable development comes within the concept ofIt is a matter of degree. Balancing of the mining activity with environment protection and banning such activity are two sides of the same prin...
1
31,490
960
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the petitioner for grant of permission for diversion of 660.749 hectares of forest land for mining of bauxite ore ...
Navinchandra Ramanlal Vs. Kalidas Bhudarbhai And Anr
Tribunal. If the tenant commits default in the payment of such price either in lump or by installments as determined by the Tribunal, s. 32M declares the purchase to be ineffective but in that event the land shall then be at the disposal of the Collector to be disposed of by him in the manner provided therein. Here als...
0[ds]The contention raised by Mr. Shroff would have necessitated examination of the scheme of the various provisions of the Tenancy Act as has been done by the High Court but in our opinion the High Court unnecessarily undertook this exercise wholly overlooking and by passing two important amendments introduced in the ...
0
3,804
736
### 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: Tribunal. If the tenant commits default in the payment of such price either in lump or by installments as determined by the ...
Mohinder Singh Vs. State of Punjab and Others
for setting aside the order aforesaid of the Settlement Officer. The Chief Settlement Commissioner by his order dated April 29, 1974 (Annexure 4) accepted the reference and set aside the order. The appellant went in revision under section 33 of the Act which was dismissed by the financial Commissioner by his order date...
1[ds]The condition to be fulfilled under the proviso for a sub- lessee is his occupation of the land continuously from the 1st January, 1956. The entry in the revenue records is an important piece of evidence on the question of occupation or possession. But it is not conclusive of the factors to be decided under Rule 3...
1
1,479
302
### 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: for setting aside the order aforesaid of the Settlement Officer. The Chief Settlement Commissioner by h...
Bhaiyalal Vs. Harikishan Singh And Others
thus clear, that in order to determine whether or not a particular caste is a scheduled caste within the meaning of Art. 341, one has to look at the public notification issued by the President in that behalf. 9. In the present case, the notification refers to Chamar, Jatav or Mochi, and so in dealing with the question ...
0[ds]. Thus, the question which arose between the parties for decision in the present proceedings is a question of fact and on this question both the Tribunal and the High Court, have made concurrent findings against the appellant. It is true that in reaching their conclusion on this point, the Tribunal as well as the ...
0
2,999
881
### 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: thus clear, that in order to determine whether or not a particular caste is a scheduled caste within the me...
Natraj Studios (P) Ltd Vs. Navrang Studios & Anr
Act that the question would arise to be determined by the High Court whether the relationship between the plaintiff and the defendant in the particular case before it was that as between landlord and tenant. If it came to the conclusion that it was not so, it would continue to have the jurisdiction to try the suit and ...
1[ds]We are of the view thatthe Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, applied to a licence to use a building even if the building is to be used necessary and simultaneously along with machinery and fixture separately licensed to be used. In such a situation there can be no question of the licen...
1
7,347
1,620
### 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: Act that the question would arise to be determined by the High Court whether the relationship between the plaintiff and the ...
The Rajah Of Vizianagaram Vs. Official Receiver, Vizianagaram
up the forensic rules which govern the conduct of its own liquidation. This makes it clear that the liquidation of the company in countries other than where the company is incorporated and has its principal office, is just ancillary to the simultaneous liquidation of that company in the country of its domicil or any wi...
0[ds]15. The Courts of a country dealing with the winding up of a company can ordinarily, deal with the assets within their jurisdiction and not with the assets of the company outside their jurisdiction. It is therefore necessary that if a company carries on business in countries other than the country in which it is i...
0
3,981
708
### 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: up the forensic rules which govern the conduct of its own liquidation. This makes it clear that the liquidati...
Gwalior Sugar Co.Ltd Vs. Anil Gupta
than agricultural purposes. The rights and liabilities of the lessee of such land shall be such as may be defined by the terms of his lease.Special leases for agricultural purposes – (1) In order to develop and demonstrate farming by mechanical means or in view of the special circumstances of [The words “or place of la...
1[ds]12. At the very outset, it must be made clear that the provisions of the Zamindari Abolition Act, 1951, have been pressed into service for the first time in the present appeal. Neither in the pleadings nor in the arguments made before the High Court on behalf of the State, the facts now asserted and the legal issu...
1
3,192
738
### 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: than agricultural purposes. The rights and liabilities of the lessee of such land shall be such as may be defined by the t...
Haridwar Singh Vs. Bagun Sumbrui And Ors
in relaxation of Rule 10(1) of the rules of Executive Business, Government have been pleased to decide that the Forest Department shall authorise orders sanctioning leases of Forest coups or produce of the value of more than Rs. 50, 000/-(rupees fifty thousand) each subject to the following conditions that :(1) Reserve...
1[ds]It is clear from the records relating to the proceedings for the grant of the lease in favour of the 6th Respondent that the Finance Department was not consulted before the Minister passed the order on December 13, 1970, to grant the lease. But counsel for the Government of Bihar and 6th Respondent contended that ...
1
3,663
563
### 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 relaxation of Rule 10(1) of the rules of Executive Business, Government have been pleased to decide tha...
M. L. Abdul Jabhar Sahib Vs. H. V. Venkata Sastri & Sons & Ors
may be, apply to such charge. The second part does not address itself to the question of creation of a charge. It does not attract the provisions of Section 59 relating to the creation of a mortgage.15. With regard to the applicability of the provisions relating to a simple mortgage, the second part of the first paragr...
1[ds]11. The evidence does not show that the registering officer D. W. Kittoo put his signature on the document with the intention of attesting it. Nor is it proved that he signed the document in the presence of the executant. In these circumstances he cannot be regarded as an attesting witness, see Surendra Bahadur v....
1
3,993
1,863
### 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: may be, apply to such charge. The second part does not address itself to the question of creation of ...
Dr. Preeti Bhatt & Another Vs. Central Bank of India & Another
the judgment of Ashoka Mktg. Ltd. [Ashoka Mktg. Ltd. v. Punjab National Bank, (1990) 4 SCC 406 ] this Court has examined them in Suhas H. Pophale [Suhas H. Pophale v. Oriental Insurance Co. Ltd., (2014) 4 SCC 657 : (2014) 2 SCC (Civ) 685] . This Court has specifically observed in para 66 thereof that for a moment this ...
0[ds]9. We have carefully perused the decision of the Apex Court in the case of Suhas Pophale (supra). In the facts of the said case, the proceedings under the said Act of 1971 were initiated in respect of a flat at Woodhouse Road, Opposite Regal Cinema, Colaba,One Mr.Eric Voller was a tenant of an erstwhile Insurance ...
0
5,533
1,066
### 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 judgment of Ashoka Mktg. Ltd. [Ashoka Mktg. Ltd. v. Punjab National Bank, (1990) 4 SCC 406 ] this C...
Southern Rajamani Transports Private Limited Vs. Rahim Transport Private Limited & Others
Mathew, J.1. In this appeal filed in pursuance to a certificate under Article 133 (1) (a) of the Constitution, the question for consideration is whether the Division Bench of the High Court of Madras was right in setting aside the order passed by the learned single judge dismissing the petition filed by the first respo...
0[ds]7. We do not think that there is any substance in this contention. The concluding portion of the order of the High Court is clear that if set aside the entire order including the finding that the first respondent should not be granted permit for the reason that it would be a denial of equality of opportunity to th...
0
887
179
### 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: Mathew, J.1. In this appeal filed in pursuance to a certificate under Article 133 (1) (a) of the Constitution, the question ...
State Of Assam Vs. Ka Brhyien Kurkalang & Ors
the legislative power of the Governor is to enure and not to the period up to which the regulation which is made during the time that the power enures is to remain in force. Like every other piece of legislation, the regulation continues to operate and remains effective until it is either annulled or repealed under som...
1[ds]Since the District Council was constituted in June 1952 (see T. Cajee v. U. Jormanik Siem) ([1961] 1 S.C.R. 750.), and it was passed in pursuance of the power conferred by. (b) of cl. (1) of paragraph 19, no question as to the competence of the Governor can arise as the Constitution itself confers such a power on ...
1
3,323
649
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the legislative power of the Governor is to enure and not to the period up to which the regulation which is made during the ...
Mohinder Kumar Mehra Vs. Roop Rani Mehra & Others
of due diligence, he could not raise a plea, it is for the court to consider the same. Therefore, it is not a complete bar nor shuts out entertaining of any later application. As stated earlier, the reason for adding proviso is to curtail delay and expedite hearing of cases.”15. Looking to the object and purpose by whi...
1[ds]9. Although Order VI Rule 17 permits amendment in the pleadingsany stage of thebut a limitation has been engrafted by means of Proviso to the fact that no application for amendment shall be allowed after the trial is commenced. Reserving thejurisdiction to order for permitting the party to amend pleading on being ...
1
4,485
946
### 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 due diligence, he could not raise a plea, it is for the court to consider the same. Therefore, it is not...
UHL POWER COMPANY LTD Vs. STATE OF HIMACHAL PRADESH
HIMA KOHLI, J. 1. Both the present appeals arise from a common judgment dated 24th May, 2011, passed by the High Court of Himachal Pradesh partly allowing Arbitration Appeal No. 2 of 2009 filed by UHL Power Company Limited (For short UHL) under Section 37 of the Arbitration and Conciliation Act, 1996 (For short the Arb...
1[ds]4. By now, the aforesaid aspect has been set at rest by a three-Judge Bench of this Court in Hyder Consulting (UK) Ltd. V. Governor, State of Orissa through Chief Engineer (2015) 2 SCC 189 , that has overruled the verdict in the case of S.L. Arora (supra). The majority view is that post-award interest can be gran...
1
1,057
2,732
### 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: HIMA KOHLI, J. 1. Both the present appeals arise from a common judgment dated 24th May, 2011, pas...
COMMISSIONER OF INCOME TAX VI Vs. VIRTUAL SOFT SYSTEMS LTD
lease term. 12. At the first look, it appears that the method of accounting provided in the Guidance Note of 1995, on the one hand, adjusts the inflated cost of interest of the assets in the balance sheet. Secondly, it captures real income by separating the element of capital recovery (essentially representing repaymen...
0[ds]The Guidance Note reflects the best practices adopted by the accountants throughout the world. The ICAI is a recognized body vested with the authority to recommend accounting standards for ultimate prescription by the Central Government in consultation with the National Advisory Committee of Accounting Standards f...
0
3,101
1,227
### 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: lease term. 12. At the first look, it appears that the method of accounting provided in the Guidance Note of 1995,...
Life Insurance Corporation Of India Vs. S. V. Oak And Another
It is wrong to contend that as the Insurance Company had no surplus in its hand on September 1, 1956, its contingent liabilities ceased to exist on that date. The contracts subsisted as long as the Insurance Company worked but the payments were postponed till the condition about actuarial surplus was fulfilled. That it...
0[ds]9. Under the Insurance Act an actuarial valuation of the business of an insurance company doing life business had to be undertaken at stated intervals and the result of the actuarial investigation had to be incorporated in a number of Forms (A to I) in accordance with the regulations set down in the first four Sch...
0
3,921
1,170
### 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: It is wrong to contend that as the Insurance Company had no surplus in its hand on September 1, 1956, its contingent liabi...
State of Uttar Pradesh & Others Vs. Lakshmi Ice Factory & Others
pronounced in open court. If any other manner of the giving of the decision was permissible as wound be the result if it was not obligatory to pronounce the decision in open court, then a party may be deprived of its right under Cl. 24 to move the Tribunal for correction of errors. It is for this reason that Cl. 9(7) p...
0[ds]9. It seems to us that the rule read from Maxwell is not applicable to this case. It applies only when to hold the prescriptions in a statute as to the performance of a public duty to be imperative would work injustice and hardship without serving the object of the statute. None of these conditions are present in ...
0
3,593
1,929
### 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: pronounced in open court. If any other manner of the giving of the decision was permissible as wo...
National Insurance Co. Ltd Vs. Sobina Iakai
of Rs.1,06,000/- along with interest @ 12% per annum from the execution of the claim petition and directed the appellant company to pay the same within a period of two months, failing which additional interest @ 15% shall be paid till the final payment of the compensation is given to the claimant. 8. The appellant comp...
1[ds]12. Admittedly, at the time when the accident had occurred at 9.15 a.m. on 20.7.1994, the respondent did not have the insurance cover. The insurance policy was obtained at 2.00 p.m. on 20.7.1994, which is clearly evident from the motor renewal endorsement set out in the earlier part of the judgment.13. The insuran...
1
1,808
631
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: of Rs.1,06,000/- along with interest @ 12% per annum from the execution of the claim petition and...
M/S.Kapil Corepacks Pvt.Ltd Vs. Harbans Lal (D) Thr.Lrs
that on the basis of the said answer, the second appellant could be proceeded under Section 195 of Indian Penal Code read with Section 340 of Code of Criminal Procedure, are without any basis. Equally unwarranted is the observation of the Division Bench : "The Managing Director of the appellant had denied his signature...
1[ds]13. The object of Order 10 Rule 2 is not to elicit admissions. Nor does it provide for or contemplate admissions. The admissions are usually contemplated (i) in the pleadings (express or constructive under Order 8 Rule 5 of the Code); (ii) during examination of a party by the court under Order 10 Rule 1 of the Cod...
1
5,888
888
### 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: that on the basis of the said answer, the second appellant could be proceeded under Section 195 of Indian Pe...
Yeshwant G. Chikhalkar Vs. Killick Nixon Limited
grounds. ( 2 ) THE Industrial Court by its Order dated December 24, 1998 dismissed the Complaint. It must be noted here that the Industrial Court has squarely dealt with all the points raised by the parties and has recorded its reasons on every point. In his thorough order the learned Member of the Industrial Court has...
0[ds]We heard him at length. We are not able to take any different view taken by the Industrial Court and the learned single Judge. We have ourselves applied our mind to the submissions of the learned Counsel. We find no substance as the legal position is absolutely clear and well established. When the attention of the...
0
1,692
633
### 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: grounds. ( 2 ) THE Industrial Court by its Order dated December 24, 1998 dismissed the Complaint. It must be noted here tha...
Association Of Registration Plates Vs. Union Of India
public property. This requirement is necessary to avoid unreasonable and arbitrary decisions being taken by public authorities whose actions are amenable to judicial review. Therefore, merely because the authority has certain elbow room available for use of discretion in accepting offer in contracts, the same will have...
1[ds]13. The statutory provisions namely, the Act and the Rules do not lay down that there has to be only manufacturer for the entire State. The question which requires consideration is whether in view of these statutory provisions is it permissible for the Central Government, while exercising power under Section 109(3...
1
9,080
2,801
### 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: public property. This requirement is necessary to avoid unreasonable and arbitrary decisions being taken by public...
Indian Oil Corporation Ltd. and Ors Vs. T. Natarajan
by the observations of the Single Judge at best gave liberty to the Respondent to file a representation for re-consideration of his case for restoration of his dealership by the IOC but not beyond it. Indeed, according to learned Counsel, if the award had been in favour of the Respondent, then in such case, there was n...
1[ds]31. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find force in the submissions urged by the learned senior Counsel for the Appellant.33. In our considered opinion, the Division Bench was not justified in doing so and this we say for the following reasons.34. Coming ...
1
2,769
726
### 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: by the observations of the Single Judge at best gave liberty to the Respondent to file a representation for r...
Bai Velbai Vs. Commissioner of Income Tax, Bombay City
"We are of the view that learned counsel for the appellant has prima facie given good grounds for his contention that the finding of the Tribunal as to the sum of Rs. 1, 38, 000 is based on no evidence rather it is based on conjecture and surmise, and, furthermore, is vitiated by a failure to take into consideration se...
1[ds]3. Prima facie, the question whether the amount of Rs. 1, 38, 000 came out of the savings or withdrawals made by the appellant from her several businesses or was income from undisclosed sources, would be a question of fact to be determined on a consideration of the facts and circumstances proved or admitted in the...
1
3,194
1,207
### 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: "We are of the view that learned counsel for the appellant has prima facie given good grounds for his c...
Bharat Heavy Electrical Limited Etc Vs. Union of India and Others Etc
Central Sales Tax is also included in those invoices. The certificates and details regarding payment of C.S.T. fro m time to time by Trichy unit in regard to the despatches from Hyderabad are also filed." * 14. The High Court has also referred to another contract entered into by BHEL with NTPC for setting up a super-th...
0[ds]3. Article 269 specifies the duties and taxes levied and collected by the Government of India but assigned to the States in the manner provided therein.Clause (2) of Article 269 inter alia provides that "the net proceeds in any financial year of any such duty or tax...shall be assigned to the State within which th...
0
7,113
1,406
### 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: Central Sales Tax is also included in those invoices. The certificates and details regarding payment of C....
Ram Kishore Sen And Others Vs. Union Of India And Others
of India Act, 1935, were immediately before such commencement being administered as if they formed part of West Bengal.25. Let us now refer to S. 290A of the Government of India Act, 1935. The said section reads thus:-"Administration of certain Acceding States as a Chief Commissioners Province or as part of a Governors...
0[ds]The map in question clearly does not fall under the latter category of maps; and so, before it is treated as relevant, it must be shown that it was generally offered for public sale. Since the learned Judge has rejected the statement of Mr. Gupta on this point, this requirement is not satisfied. We see no reason w...
0
7,960
1,342
### 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: of India Act, 1935, were immediately before such commencement being administered as if they formed part of W...
C.A. Rajendran Vs. Union of India & Others
satisfied that reservation quotas of promotion were harmful from the point of view of efficiency of Railway Service and therefore the Government issued the memorandum dated November 8, 1963 with drawing the reservation quotas for Scheduled Castes and Scheduled Tribes Officers made in the previous Government orders. On ...
1[ds]The relevant law on the subject is well settled. Under Article 16 of the Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State or to promotion from one office to a higher office thereunder. Articles 14, 15 and 16 form pa...
1
5,406
536
### 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: satisfied that reservation quotas of promotion were harmful from the point of view of efficiency of Railway Service and t...
State of West Bengal and Another Vs. Arun Kumar Basu and Another
therein, to which the declaration of vesting applies and which were made in favour of intermediaries shall stand dismissed and ceased by operation of Section 51)(b) of the Act. Section 6 postulates by a non obstante clause that notwithstanding any thing contained in Sections 4 and 5 an intermediary shall, except in the...
1[ds]Once the land stood vested in the State free from all encumbrances, by operation of Section 4(1) of the Act, the mere inaction on the part of the Collector in not taking possession of the land does not have any effect on vesting, which statutorily operated under section 4(1) of theoperation of Section 6(1)(c), all...
1
1,758
286
### 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: therein, to which the declaration of vesting applies and which were made in favour of intermediaries sh...
NATIONAL INSURANCE COMPANY LTD Vs. MANNAT JOHAL
as indicated infra. 12. Taking up the question of ex gratia payment received by the claimants from the employer of the deceased, it is noticed that an amount of Rs. 3,21,801/- was paid by the employer to the claimants, being one years gross salary of the deceased. While relying on the decision in Shashi Sharma, it is c...
0[ds]7. Having given anxious consideration to the rival submissions and having examined the record, we are clearly of the view that the modified award made by the High Court in this case remains that of just compensation and no case for interference is made out in either of these appeals8. It remains trite, and need no...
0
5,206
1,553
### 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: as indicated infra. 12. Taking up the question of ex gratia payment received by the claimants from the employ...
Concord Of India Insurance Co Ltd Vs. Nirmala Devi And Ors
years in such cases is a terrible commentary on the judicial process. If only no-fault liability, automatic reporting by the police who investigate the accident in a statutory pro forma signed by the claimants and forward to the tribunal as in Tamil Nadu and decentralised empowerment of such tribunals in every district...
0[ds]We are not able to agree with this reasoning. A company relies on its legal adviser and the managers expertise is in company management and not in law. There is no particular reason why when a company or other person retains a lawyer to advise it or him on legal affairs reliance should not be placed on such counse...
0
1,497
306
### 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: years in such cases is a terrible commentary on the judicial process. If only no-fault liability, automatic reporting by ...
Kalyan Dey Chowdhury Vs. Rita Dey Chowdhury Nee Nandy
marriage. In the said divorce petition, the respondent-wife filed an application for permanent alimony under Section 25 of the Act. By an order dated 19.05.2006, passed by the Additional District Judge, 1st Court, Hooghly in Matrimonial Suit No.533 of 2003, enhanced the amount of maintenance to Rs. 8,000/- per month in...
1[ds]14. We have considered the rival contentions and perused the impugned judgment and other materials on record15. Section 25 of the Hindu Marriage Act, 1955 confers power upon the court to grant a permanent alimony to either spouse who claims the same by making an application. Sub-section (2) of Section 25 of Hindu ...
1
1,838
392
### 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: marriage. In the said divorce petition, the respondent-wife filed an application for permanent al...
Kerala Transport Company Vs. Shah Manilal Mulchand and Others
1. This appeal by special leave is directed against an order of the Gujarat High Court dated September 26, 19742. A suit was filed by the respondents for possession of the suit premises against the appellant on the ground that the appellant was a licensee. The suit was contested by the appellant. On the pleadings of th...
1[ds]4. We have heard learned counsel for the parties and in our view the High Court was wrong in dismissing the appeal by one word "Dismissed" without going into the merits of the case. It was a matter which was contested by the defendant, many issues were framed and parties had led oral as well as documentary evidenc...
1
536
269
### 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: 1. This appeal by special leave is directed against an order of the Gujarat High Court dated September 26,...
Smt. Ashalata Das Vs. New India Assurance Company Limited and Others
The amount directed to be invested, which was otherwise also a modest one, was not such as to suggest that the intended benefit was confined to only interest therefrom to be enjoyed by the appellant during her lifetime. 6. Learned counsel further submitted that, in the circumstances of the present case, the investment ...
1[ds]The judgment does not indicate that the benefit intended by it was only in the nature of a monthly payment for and during the appellants lifetime and not a lump sum award. It is not so much a question whether, in a fatal accident action, the Tribunal or the High Court, as the case may be, has and has not the power...
1
2,134
416
### 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: The amount directed to be invested, which was otherwise also a modest one, was not such as to suggest that t...
Laxman Prasad Vs. Prodigy Electronics Ltd.
rendered by this Court. We do not intend to burden our judgment on that point as the law is well settled and the learned counsel for the respondent-Company has not disputed the proposition. What was contended was that Clause 18 does not take away the jurisdiction of a competent Court and the agreement did not exclude t...
0[ds]n view of thee was issuedThe High Court,t has challenged the said order by filing the present appeal. On August 7, 2006,ed by this Courtand in the meantime further proceedings in the suit were stayed.We have heard learned counsel for the parties.11.e learned counsel for the respondent-Company, on the other hand, s...
0
4,448
2,782
### 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: rendered by this Court. We do not intend to burden our judgment on that point as the law is well ...
Suresh Kumar Wadhwa Vs. State Of M.P
35. In our considered opinion, the object behind publishing all material term(s) is/are three fold. First, such term(s) is/are made known to the contracting parties/bidders; second, parties/bidders become aware of their rights, obligations, liabilities qua each other and also of the consequences in the event of their n...
1[ds]19. Having heard learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned judgment and the decree of the two Courts below and decree the appellants (plaintiffs) suit against the respondents as indicated infra23. Reading of Section 74 woul...
1
4,474
1,238
### 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: 35. In our considered opinion, the object behind publishing all material term(s) is/are three fold. Fir...
Rameshwar Singh Vs. State Of Jammu & Kashmir
to see him before. They disclosed the name of the accused on the very date of occurence when they said that they heard his three companions shouting at him "Ramesh what are you doing, dont be mad, you will be involved." Ghulam Nabi Mir, S.I. P.W. has clearly stated that it was on the very day of occurrence that the nam...
1[ds]The High Court appears to have relied on such statements in their entirety for seeking corroboration of the statement made by the prosecution witnesses in court and ultimately for the purpose of sustaining the appellants conviction. Incidentally, the manner in which the investigating agency conducted the investiga...
1
4,991
1,983
### 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: to see him before. They disclosed the name of the accused on the very date of occurence when they said that...
STATE BANK OF INDIA Vs. KRISHIDHAN SEEDS PRIVATE LIMITED
18 of the Limitation Act. Section 18 of the Limitation Act gets attracted the moment acknowledgment in writing signed by the party against whom such right to initiate resolution process under Section 7 IBC enures. Section 18 of the Limitation Act would come into play every time when the principal borrower and/or the co...
1[ds]8. The NCLT placed reliance on the judgment in V Padmakumar (supra). The decision in the above case has been specifically overruled in a judgment of a three-Judge Bench of this Court in Asset Reconstruction Company (India) Limited v Bishal Jaiswal and Another (2021) 6 SCC 366 (Asset Reconstruction Company) , wher...
1
2,593
1,649
### 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: 18 of the Limitation Act. Section 18 of the Limitation Act gets attracted the moment acknowledgment in writi...
M/S HINDON FORGE PVT. LTD Vs. THE STATE OF UTTAR PRADESH THR. DISTRICT MAGISTRATE GHAZIABAD
over of symbolic possession and therefore the creditor could not have transferred the secured assets to the auction purchaser. In any case, since ITC Ltd. was the purchaser of such property, it could only take recourse to the ordinary law for recovering physical possession. 47. We find nothing in the provisions of the ...
1[ds]10. A reading of section 13 would make it clear that where a default in repayment of a secured debt or any instalment thereof is made by a borrower, the secured creditor may require the borrower, by notice in writing, to discharge in full his liabilities to the secured creditor within 60 days from the date of noti...
1
18,875
2,502
### 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: over of symbolic possession and therefore the creditor could not have transferred the secured assets to the aucti...
S. KUMAR(DEAD) Vs. UNITED INDIA INSURANCE CO. LTD.
4 examined him and gave disability certificate for 50% for the damage caused to his scrotum. There is also no acceptable proof that because of this accident, his marital life was affected. For the foregoing discussions, we are quite unable to accept that the claimant has sustained 95% disability. There is no proof with...
0[ds]10. Having heard learned counsel for the parties and having examined the record, we are satisfied that the High Court has made downward revision of the quantum of compensation awarded by the Tribunal for cogent and convincing reasons; and in the ultimate analysis, the amount awarded by the High Court cannot be sai...
0
2,567
798
### 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: 4 examined him and gave disability certificate for 50% for the damage caused to his scrotum. There is a...
Syndicate Bank Vs. Channaveerappa Beleri
time-barred. To clarify the above, the following illustration may be useful: Let us say that a creditor makes some advances to a borrower between 10.4.1991 and 1.6.1991 and the repayment thereof is guaranteed by the guarantor undertaking to pay on demand by the creditor, under a continuing guarantee dated 1.4.1991. Let...
1[ds]16. In view of the above, we hold that the time began to run not when the operations ceased in the accounts in mid-1986, but on the expiry of 15 days from 12.10.1987 when the demand was made by the Bank and there was refusal to pay by the guarantors. The suit filed within three years therefrom is, therefore, in ti...
1
6,085
796
### 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: time-barred. To clarify the above, the following illustration may be useful: Let us say that a creditor makes som...
M/S. Continental Construction Ltd Vs. Tehri Hydro Development Corpn. Ltd. and Ors
in regard to PCL-Intertech : Lenhydro Consortium based on information/documents furnished by them, that the annual turnover of M/s Progressive during the years 1998-99 has been Rs. 158.1 crores. The joint venture partners, M/s Institute Lenhydro Project, Russia have successfully completed 140 M. high concrete gravity d...
0[ds]2. In this case the respondents had entered caveats. We asked them, even at the stage of preliminary hearing before issuing notice, to address the arguments on the merits or the matter. Having heard the parties in the case, we have passed this order.5. The letters issued by the SHC Institute Hydro Projects and the...
0
2,048
333
### 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: in regard to PCL-Intertech : Lenhydro Consortium based on information/documents furnished by them, th...
A.P. State Fin. Corpn Vs. Vajra Chemicals
to the decision taken by the Executive Director the representation of the petitioner was communicated to the Zonal Manager Sri P.V.B. Lakshminath, who had also concurred with the decision arrived at and made an endorsement to that effect on the said representation. The said representation was also sent to the concerned...
1[ds]20. Summarising the position, we are of the view that the Division Bench of the High Court while allowing the Writ Appeal overlooked the fact that there was no pleading in the writ petition regarding the representation dated 27.12.1993 or theof any decision thereon. No rejoinder was filed by the 1st respondent to ...
1
4,088
625
### 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: to the decision taken by the Executive Director the representation of the petitioner was communicated to the Zona...
Smt. Nirmala R. Bafna/Kershi Shivax Cambatta Andors Vs. Khandesh Spinning And Weaving Mills Co. Ltd. Andanr./Offici
consent to the sub-tenancy in favour of the appellant. Counsel submitted that the conditions imposed by the Division Bench are contrary to law inasmuch as the protection of Bombay Rent Control Act. Act available to the appellant cannot be ignored or undone merely because the company has gone into liquidation. He submit...
0[ds]We cannot however refuse to take notice of the said statement of the counsel. We do so for the limited purpose of this appeal.17. From the facts narrated above, it would be evident that the rights of the appellant have to be. adjudicated in the suit filed by her which is now transferred to the High Court with the ...
0
2,793
674
### 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: consent to the sub-tenancy in favour of the appellant. Counsel submitted that the conditions imposed by the D...
Central Bank Of India Vs. Virudhunagar Steel Rolling Mills Ltd&Ors
and D. K. Mohammed Ehiya Sahib v. R.M.P.V. Valliappa Chettiar AIR 1976 MAD 536. In the latter case it was held that if there is any variation in the original contract the legal consequence would be that the surety stood absolved.3. The impugned Judgment notes that the main submission on behalf of the Appellant Bank was...
0[ds]7. In view of the foregoing discussion, there appears to be no controversy as to the fact that the Guarantee Deeds executed by Respondent Nos. 2 to 4 on 30.8.1974 rendered them personally liable for any transactions or advances made by the Appellant Bank to the Respondent Company after 30.8.1974. There is also no ...
0
1,414
171
### 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: and D. K. Mohammed Ehiya Sahib v. R.M.P.V. Valliappa Chettiar AIR 1976 MAD 536. In the latter case it...
Raza Buland Sugar Co. Ltd Vs. Their Workmen
the said paragraph are only to the effect that the appellant considered it advisable and economical to increase the crushing capacity of the factory to 3000 tons per day by expansion and amalgamation of plant and machinery of Buland factory into Raza factory. These averments, in our opinion do not assist the appellant....
0[ds]7. After a consideration of the original incentive scheme that was admittedly in force in the two factories and the reasons given by the Tribunal for making some slight modifications, we are satisfied that the appeal is devoid of any merit.The contention of Mr. Maheswari that because higher wages are being paid in...
0
2,668
1,549
### 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 said paragraph are only to the effect that the appellant considered it advisable and economical to ...
Assistant Commissioner of Commercial Taxes (Asst.) Dharwar Vs. Dharnendra Trading Company, Etc
submission. No counter-affidavit was filed by the appellants before the Trial Court in the writ petition. Beyond the statement of counsel, there is nothing to show that any misuse was made of these concessions or undue advantage taken of the same. It is true that the preamble to the order dated 12th January, 1977 does ...
0[ds]We totally fail to see how an Assistant Commissioner or Deputy Commissioner of Sales Tax who are functionaries of a State can say that a concession granted by the State itself was beyond the powers of the State or how the State can say so either. Moreover, if the said argument of learned counsel is correct, the re...
0
2,028
708
### 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: submission. No counter-affidavit was filed by the appellants before the Trial Court in the writ petition. ...
Kedar Nath Bahl Vs. State of Punjab & Others
these orders extending the period of probation were irregular and illegal. Either he should have been discharged within the first six months of probation, or, if he was not so discharged he was entitled to automatic confirmation. We do not think that this contention is correct. The law on the point is now well settled....
0[ds]Though in the last note datedthe Revenue Minister had stated that the Government had ordered the appellants confirmation that was obviously a slip of memory. There was no Government order confirming the appellant. All that the Revenue Minister had done onwas to suggest to the Secretary that the appellant should be...
0
2,971
1,030
### 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: these orders extending the period of probation were irregular and illegal. Either he should have been discha...
Industrial Factors Limited Vs. V. Prasad, Regional Provident Fund Commissioner, Maharashtra and Goa & Others
referred to several other rulings in paragraph 7 of its judgment following the view of Tendolkar, J., (of this Court) in Chagganlal Textile Mills Pvt. Ltd. v. P.A. Bhaskar), to the effect :---Even a complete change in the whole body of employee cannot make a factory which is establishes, ceased to be established. In an...
0[ds]The case is clearly distinguishable. The press there was sold away; the machinery here was given on lease. The machinery of the press there was altered; the machinery here remained the same. The workers there were not continued; the workers here were continued in employment compensation was paid to the workmen the...
0
2,035
729
### 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: referred to several other rulings in paragraph 7 of its judgment following the view of Tendolkar, J., (of this Cou...
UNION OF INDIA Vs. MOHIUDDIN MASOOD
with the enquiry under Section 5A of the Act. However, considering the chronological list of dates and events and the object and purpose for which the land was sought to be acquired, we are of the opinion that the High Court has materially erred in holding that invocation of the urgency clause was bad. The High Court h...
1[ds]6. We have heard the learned counsel appearing on behalf of the respective parties at length6.1 We have gone through and considered in detail the impugned judgment and order passed by the High Court. We have also considered the chronological dates and events leading to the issuance of the notification under Sectio...
1
3,380
1,202
### 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: with the enquiry under Section 5A of the Act. However, considering the chronological list of date...
THE MUNICIPAL CORPORATION FARIDABAD Vs. MODERN SCHOOL FARIDABAD
dangerous petroleum.Explanation. – In this section the expression “dangerous petroleum” has the same meaning as is assigned in the Petroleum Act, 1934 (Central Act 30 of 1934).196. Application by owners and occupiers to drain into municipal drain -(1) Subject to such conditions as may be prescribed by bye-laws made in ...
1[ds]14. In terms of Section 43, one of the obligatory functions of Corporation is- construction, maintenance and cleaning of drains and drainage works and also scavenging, removal and disposal of filth, rubbish and other obnoxious or polluted mattes. It is in exercise of such function that the Municipal Corporation ha...
1
2,964
778
### 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: dangerous petroleum.Explanation. – In this section the expression “dangerous petroleum” has the same meanin...
Commissioner of Income Tax, Calcutta & Others Vs. Gillanders Arbuthnot & Company & Another
(1) of the agreement in specific terms says that "the existing partner shall sell and the company shall purchase the shares and securities for a sum of Rupees seventyfive lakhs". Clause (3) of that agreement merely provides a mode of satisfaction of the sale price. The sale price fixed by the parties for the shares and...
0[ds]In this case we are dealing with capital gains. Hence the material facts that had to be disclosed were those bearing on capital gains. Though at the time of the original assessment of the assessee, the partnership deed entered into by the five partners was before thex Officer, the sale deed executed by the partner...
0
6,265
1,986
### 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: (1) of the agreement in specific terms says that "the existing partner shall sell and the company shall purc...
State Of Uttar Pradesh And Anr Vs. Audh Narain Singh And Anr
Mela duty. There is also the record of the disciplinary proceeding held by the District Magistrate on April 12, 1948, against Tahvildar Ganesh Prasad for improper conduct.7. It is therefore clear from the record that Tahvildars were appointed to perform the duties of cashiers in Government Treasuries. Their appointment...
0[ds]7. It is therefore clear from the record that Tahvildars were appointed to perform the duties of cashiers in Government Treasuries. Their appointment was made by the Government Treasurer with the approval of the District Collector, but it was made for performance of public duties, and remuneration was paid to them...
0
3,171
561
### 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: Mela duty. There is also the record of the disciplinary proceeding held by the District Magistrate on April 12, 19...
United Finance Corporation Vs. M.S.M. Haneefa (Dead) Through Lrs
Considering the scope of the expression as to when the sale becomes absolute in the case of Chandra Mani Saha and Ors vs. Anarjan Bibi and others AIR 1934 PC 134 it was held as under:“…In order to ascertain when such a sale as is referred to in the said Article becomes absolute, reference must be made to the Civil Proc...
1[ds]17. Considering the facts of the present case in the light of the above principles, in our view, the sale could not have become absolute till the proceedings in the revision in C.R.P.No.2829/2002 was over and the revision was disposed of. The judgment-debtor, as discussed earlier, had filed two applications E.A.No...
1
3,676
341
### 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: Considering the scope of the expression as to when the sale becomes absolute in the case of Chandra Mani Saha and Ors vs. An...
M/S. R. M. D. C. (Mysore) Private Ltd Vs. The State Of Mysore
SCR 8, at pp 24, 42 : (AIR 1959 SC 648 at pp. 657, 665). The inconsistency would operate on that portion of the Mysore Act which became repugnant to Ss. 4 and 5 of the Central Act as to prohibition of prize competitions and licensing of prize competitions e.g. S. 8 of the Mysore Act and consequently that portion of S. ...
0[ds]In the Indian Constitution as it was in the Government of India Act the power of legislation is distributed between the Union and the States and the subjects on which the respective Legislatures can legislate are enumerated in the three Lists and in the Articles of the Constitution, provision is made as to what is...
0
6,037
1,038
### 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: SCR 8, at pp 24, 42 : (AIR 1959 SC 648 at pp. 657, 665). The inconsistency would operate on that portion of ...
State of Orissa and Another Vs. N.N. Swamy and Others Etc
date cannot be countenanced. T.K. Satyanmurty (No. 9) was promoted as a Reader while in the private college much later than the four of the Respondents (Nos. 1, 4, 6 and 7 in Annexure I). He happened to; draw Rs.660/- on the date of take over, while the Respondents were drawing a little lower pay. The former was prefer...
0[ds]It is thus clear that the condition of drawing of Rs.600/- or more on the date of taking over, which has been laid down in the said circular as a particular qualification for eligibility for appointment as Reader and later for consideration of their suitability by the Public Service Commission for appointment as R...
0
3,522
1,318
### 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: date cannot be countenanced. T.K. Satyanmurty (No. 9) was promoted as a Reader while in the private college much later tha...
Brijlal S/O Sadasukh Modani Vs. The State of Maharashtra Through The Secretary To The Government of Maharashtra & Others
are sufficient proof to arrive at conclusion that the functioning of the Bank is regulated and controlled by the Reserve Bank of India. We do not accept the proposition advanced by the learned A.P.P. It is settled position that general regulations under an Act, like the Companies Act or Cooperative Societies Act, would...
1[ds]16) We have considered the provisions of the different enactments for ascertaining whether the State Government or Central Government or its authority control the functioning or the management of the Bank and even govern the service conditions of its employees. Section 2(c) of the Prevention of Corruption Act 1988...
1
7,281
1,174
### 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: are sufficient proof to arrive at conclusion that the functioning of the Bank is regulated and controlled by...
J. Chitra Vs. District Collector and Chairman State Level Vigilance Committee, Tamil Nadu & Ors
to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority competent in that behalf or appointed on the basis of the social status certificate already issued or an affidavit duly sworn by the parent/guardian/candidate before the competent officer or non-official and such ...
1[ds]5. Realizing the pernicious practice of false caste certificates being utilized for the purpose of securing admission to educational institutions and public employment depriving genuine candidates of the benefits of reservation, this Court in Kumari Madhuri Patil (supra) issued the following directions :1. The app...
1
3,173
1,818
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: to an officer post, is getting expired, the candidate be admitted by the Principal or such other authority c...
Commissioner of Income Tax Vs. Udayan Chinubhai and Others
of his income and an amount which by the nature of the obligation, cannot be said to be a part of the income of the assessee. Where by the obligation, income was diverted, before it reached the assessee, it was deductible; but where the income was required to be applied to discharge an obligation after such income reac...
1[ds]14. In our view, the High Court overlooked the fact that the position of the creditors was not strengthened in any way by virtue of the partition that had taken place. It is true that the award given by the arbitrator was followed up by a decree in terms of the award. That, however, did not alter the position of t...
1
6,664
860
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: of his income and an amount which by the nature of the obligation, cannot be said to be a part of the...
Hindustan Lever Ltd Vs. Commissioner of Sales Tax, Gujarat
Bharucha, J.-- 1. This appeal by special leave from the judgment and order of a Division Bench of the High Court of Gujarat concerns the classification of cut and dried chicory roots.2. It is the case of the appellant assessees that these chicory roots fall either under Entry 8 or Entry 23 of the First Schedule of the ...
1[ds]8. An analysis of the agreement, it seems to us, shows that what the appellants required the cultivators to grow and then sell to them were chicory roots. That, before delivery to the appellants, the cultivators were required to cut, slice and dry the roots was not of great significance. It was, clearly, only to p...
1
1,120
273
### 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: Bharucha, J.-- 1. This appeal by special leave from the judgment and order of a Division Bench of the H...