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Kashiram Yadav & Anr Vs. Oriental Fire & Gen. Insurance Co. & Ors
K. JAGANNATHA SHETTY, J. 1. The question raised in this appeal relates to the liability of the owner of an insured vehicle to pay compensation for the accident cause by negligence of an unlicensed driver. 2. The facts which are now found are these: A constable while returning home after performing his duties was knocke...
0[ds]4. Section 96 ofthe Motor Vehicles Act, 1939 imposes duty on the insurer to satisfy judgments against persons insured in respect of third party risks. Sub-section(2) thereof provides exception to the liability of the insurer. Sub-section 2(b) of Section 96 provides that the insurer is not liable to satisfy the jud...
0
1,086
678
### 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: K. JAGANNATHA SHETTY, J. 1. The question raised in this appeal relates to the liability of the owner of an insured vehicle...
Babu Barkya Thakur Vs. The State Of Bombay And Others
by this Court in the case of State of Bombay v. Bhanji Munji, 1955-1 SCR 777 : ( (S) AIR 1955 SC 41 ), that providing housing accommodation to the homeless is a public purpose. In an industrial concern employing a large number of workmen away from their homes it is a social necessity that there should be proper housing...
0[ds]Therefore even if the Act contemplated acquisition for a company which may or may not be for a public purpose, it would be saved by Art. 31(5) (a) as an existing lawFurther, though it may appear on the words of the Act contained in Part II, which contains the operative portions of the proceedings leading up to acq...
0
4,356
1,632
### 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: by this Court in the case of State of Bombay v. Bhanji Munji, 1955-1 SCR 777 : ( (S) AIR 1955 SC 41 ), that providing hous...
Rajahmundry Electric Supplycorporation Ltd Vs. A. Nageswara Rao And Others:
600 (F), and the question must now be taken to be settled by the pronouncement of the Judicial Committee in Loch v. John Blackwood Ld. (1924) A C 783 at p. 790 (G), where after an elaborate review of the authorities, Lord Shaw observed that,"...it is in accordance with the laws of England, of Scotland and of Ireland th...
0[ds]Though the objection was raised in the written statement, the respondents did not press the same at the trial, and the question was never argued before the trial Judge.The learned Judges before whom this contention was raised on appeal declined to entertain it, as it was not pressed in the trial court, and there a...
0
3,142
604
### 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: 600 (F), and the question must now be taken to be settled by the pronouncement of the Judicial Committee in L...
Maharajadhiraj Sir Kameshwar Singh Vs. Commissioner of Income Tax, Bihar & Orissa
the Tribunal to state a case inter alia on the said questions of law set out herein above.8. The Tribunal accordingly drew up a statement of case and submitted it to the High Court, from which the following facts do appear:BANKURA FOREST (WEST BENGAL)The forest in this area in block is leased out by auction on short te...
0[ds]13. We need not repeat here the principles which govern the decision of cases like these where forestry operations are performed by the assessee in regard to forest trees of spontaneous growth. They have been enunciated by us in the judgment just delivered in Commissioner ofWest Bengal v. Raja Benoy Kumar Sahas Ro...
0
1,729
307
### 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 Tribunal to state a case inter alia on the said questions of law set out herein above.8. The Tribunal a...
Union of India Vs. Bhagwati Prasad (D) & Others
in respectful agreement with the aforesaid conclusion of the Court in the aforesaid case. Having said so it was further held that if it is ultimately found that there is no negligence on the part of the driver of the vehicle or three is no defect in the vehicle but the accident is only due to the sole negligence of oth...
0[ds]We are in respectful agreement with the aforesaid conclusion of the Court in the aforesaid case. Having said so it was further held that if it is ultimately found that there is no negligence on the part of the driver of the vehicle or three is no defect in the vehicle but the accident is only due to the sole negli...
0
2,399
1,051
### 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 respectful agreement with the aforesaid conclusion of the Court in the aforesaid case. Having said so i...
Narasingh Charan Mohanty Vs. Surendra Mohanty
name of "Orissa Relief and Rehabilitation Committee orin my nameso that the work can be started immediately. (emphasis supplied) Even so the monies never came into the hands of Dwivedi and his evidence as P. W. 13 corroborates this statement. The respondent also has not contested this position. But as Dwivedi had taken...
0[ds]15. There is no doubt, and it is not denied, that the respondent was at all material times the editor of the Kalinga in which the offending editorial (Ext. 1) and the news report (Ext. 2) were published on February 15 and 19 respectively. The learned Advocate for the petitioner contends that once this fact is esta...
0
11,201
3,028
### 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: name of "Orissa Relief and Rehabilitation Committee orin my nameso that the work can be started immediately....
State Of M.P. Vs. Anshuman Shukla
of Section 5 cannot be extended where the default takes place in complying with an order under Sub-section (4) of Section 13 of the Act. 34. Further, explaining as to why Section 5 of the Limitation Act is not applicable, the Court observed: The provisions of Section 5 of the Limitation Act must be construed having reg...
1[ds]20. The Madhya Pradesh Madhyastham Adhikaran Adhiniyam, 1983 came into force with effect from 01.03.1985. It was enacted to provide for the establishment of a Tribunal to arbitrate on disputes to which the State Government or a Public Undertaking (wholly or substantially owned or controlled by the State Government...
1
4,327
1,483
### 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 Section 5 cannot be extended where the default takes place in complying with an order under Sub-se...
Collector of Land Acquisition & Others Vs. M/s. Andaman Timber Industries
passed an award in respect of 3.64 hectares land out of total 8.86 hectares land and the amount payable under the said part, i.e., L 3,03,03,567 was paid to the respondent. No further steps were taken for the acquisition of the remaining land despite the fact that the Administration had invoked Section 17 of the Act. I...
0[ds]17. In the instant case, even that 80 per cent of the estimated compensation was not paid to the appellants although Sectionrequired that it should have been paid before possession of the said land was taken but that does not mean that the possession was taken illegally or that the said land did not thereupon vest...
0
1,392
360
### 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: passed an award in respect of 3.64 hectares land out of total 8.86 hectares land and the amount payable un...
K. C. Thomas, First Income-Tax Officer, Bombay Vs. Vasant Hiralal Shah & Ors
(c) of sub-section (1) of Section 28 applies or an order of assessment or reassessment in cases falling within clause (a) of sub-section (1) or sub-section (1A) of this section shall be made after the expiry of four years from the end of the year in which the income, profits or gains were first assessable :xx xx xxProv...
1[ds]It would appear that the view of the High Court was that the provisions of the second proviso to S. 34 (3) would not apply to a case where the escaped assessment is of an amount less than a lakh of rupees and more than eight years have elapsed. Apparently, the High Court has overlooked the fact that the second pro...
1
3,106
500
### 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: (c) of sub-section (1) of Section 28 applies or an order of assessment or reassessment in cases falli...
Apm Terminals B.V Vs. Union Of India
the hands of one private group or consortium which would be in a dominant position to control not only the rights of tariff, but also the entry of ships, not belonging to such group, into the Major Ports and thereby give an undue advantage to its own ships over other shipping agencies. 60. Normally, the Courts do not i...
1[ds]The provisions of Clause 2.3 in the Agreements signed between the Tuticorin Port Trust and PSA Sical cannot be read in isolation of the other provisions in the agreement which prevented the Licensee from bidding for other work within the port area during the period of the licence. In fact, in our view, the change ...
1
10,477
552
### 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 hands of one private group or consortium which would be in a dominant position to control not only ...
Padmini Kunwar Jusahiba Vs. State of Uttar Pradesh & Another
"Ijaredar" has been used in the section, it must take colour from it and cannot be held to mean any lease of land of whatever kind. In the setting in which the word is used it should in our opinion be confined to a person holding an Ijara which is a lease or farm of land revenue or other proprietary right as distinguis...
1[ds]4. It is not in dispute that the lands were not granted to the appellant by the Ruler of Panna as a jagir. It is also not in dispute that the appellant was not recognized as a jagirdar under any law, rules, regulations or orders governing jagirdars in force in any part of thethe words used in the inclusive part of...
1
2,149
779
### 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: "Ijaredar" has been used in the section, it must take colour from it and cannot be held to mean any lease of land of whate...
British India Corporation Ltd. Vs. Collector Central Excise
petitioner to the consumer was not raised before us. It was mentioned in the petition. An Excise Duty is a duty on production and though according to the economists, it is an indirect tax capable of being passed on to the consumer as part of the price yet the mere passing on of the duty is not its essential characteris...
0[ds]12. The argument suffers from a fundamental fallacy in that it assumes that there can be no classification of manufacturers on the basis of the number of workers or the employment of power above a particular horse power. Manufacturers who employ 50 or more workers can be said to form a well-defined class. Manufact...
0
2,395
527
### 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: petitioner to the consumer was not raised before us. It was mentioned in the petition. An Excise Duty...
Jaswant Sugar Mills Ltd. Meerut Vs. Lakshmi Chand & Others
tribunal in respect of an industrial dispute is prohibited save with the express permission in writing of the authority before which the proceeding is pending, from altering, to the prejudice of the workmen concerned in such a dispute, the conditions of service applicable to them immediately before the commencement of ...
0[ds]A conciliation officer functioning under Cl. 29 is not an industrial tribunal constituted under the Industrial Disputes Act, 1947, his authority being derived from the appointment made by the State of Uttar Pradesh under the Uttar Pradesh Industrial Disputes Act, 1947. Nor is any provision made in the Uttar Prades...
0
7,624
1,421
### 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: tribunal in respect of an industrial dispute is prohibited save with the express permission in writing of the aut...
Maharaj Kumar Tokendra Bir Singh Vs. Secretary To The Government of India. Ministry of Home Affairs & Another
purpose of avoiding unnecessary litigation, so in the case of applications made under S. 87B government may reasonably and legitimately try to see if the institution of the suits can be avoided by asking the Ruler of a former Indian State to consider the claim and settle it amicably without litigation. Section 80 is in...
1[ds]This definition is clearly misconceived. This definition prescribed by Art. 366(22) is an inclusive definition and its latter part takes in successors of Rulers who satisfy the test of its first part and so, the minor Maharaja in question who has been recognised by the President as the successor of his deceased fa...
1
3,371
1,113
### 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: purpose of avoiding unnecessary litigation, so in the case of applications made under S. 87B government may reasonably an...
Commissioner Of Income Taxgujarat Iii, Ahmedabad & Another Vs. Kurji Jinabhai Kotecha
gains of business, profession or vocation, any loss sustained in speculative transactions which are in the nature of a business shall not be taken into account except to the extent of the amount of profits and gains, if any, in any other business consisting of speculative transactions(2) Where any assessee sustains a l...
1[ds]This question has to be answered in the negative in view of the Kothari decision [1971] 82 ITR 794 (SC). The hedging loss being in respect of a banned contract under section 15(4) ofthe Forward Contracts (Regulation) Act,, cannot be set off against the profits of other business of the previous yearThe second quest...
1
2,695
662
### 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: gains of business, profession or vocation, any loss sustained in speculative transactions which are in the ...
Ramji Lal Vs. Ram Babu Maheshwari & Another
Annexure B, a poster wherein there is a reference to Annexure A was either published or at any rate published with the consent of the respondent.10. This takes us to Annexure C. In this Court, learned Counsel for the appellant strenuously pressed for our acceptance the petitioners evidence relating to the publication o...
0[ds]5. The questions arising for decision in this case are essentially questions of fact. Their proof depends on oral evidence.Voluminous evidence has been adduced by the parties in this case in support of their respective contentions. The trial court after carefully examining their evidence has come to the conclusion...
0
2,894
1,464
### 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: Annexure B, a poster wherein there is a reference to Annexure A was either published or at any rate published...
Basant Lal (Dead) By Lrs. and Another Vs. State of Uttar Pradesh and Another
by the High Court for the reasons that we shall give hereafter.It is no doubt true that s. 114-A of the Transfer of Property Act requires two conditions to be fulfilled before a suit for ejectment could lie-(1) that a notice should be given to the lessee specifying the particular breach complained of, and (2) that the ...
1[ds]We find ourselves in complete agreement with the view taken by the High Court. There is no reliable evidence at all to show the exact date when the rent was accepted or, at any rate, the fact that the rent was accepted between the 26th February 1944, when the notice was sent, and the 30th June 1944, when the Compa...
1
2,690
1,148
### 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: by the High Court for the reasons that we shall give hereafter.It is no doubt true that s. 114-A of the Transfer of Prope...
Terapalli Dyvasahata Kumar Vs. S.M.Kantha Raju (Dead) Thr. Lr.
76(1) of the Trade Marks Act, 1940 which provided an appeal from any decision of the Registrar to "the High Court having jurisdiction". This Court held that the Trade Marks Act does not provide for or lay down any procedure for the conduct of an appeal in the High Court. This being so, this Court held: "The Trade Marks...
1[ds]8. We are inclined to observe that what learned counsel for the respondents has argued before us is correct. However, in view of the recurring nature of the question that arises before us, it is important to settle the law once and for all for future guidance in cases like the present one.It will be apparent that ...
1
3,282
486
### 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: 76(1) of the Trade Marks Act, 1940 which provided an appeal from any decision of the Registrar to "the ...
B.L. KASHYAP AND SONS LTD Vs. M/S JMS STEELS AND POWER CORPORATION & ANR
the leave could yet be granted but while imposing conditions as to the time or mode of trial or payment or furnishing security. Thus, even in such cases of doubts or reservations, denial of leave to defend is not the rule; but appropriate conditions may be imposed while granting the leave. It is only in the case where ...
0[ds]14. The question concerning maintainability of the suit filed by the plaintiff as a summary suit under Order XXXVII CPC need not detain us much longer. This is for the simple reason that as per the plaint averment, the matter is based on written contract arising out of written purchase orders issued by the appella...
0
7,046
2,176
### 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 leave could yet be granted but while imposing conditions as to the time or mode of trial or payment or furnishing sec...
Sirsi Municipality By Its President Sirsi Vs. Cecelia Kom Francis Tellis
SC 282 ) and Mafatlal Naraindas Barot v. Divisional Controller, S.T.C. (1966) 3 SCR 40 = (AIR 1966 SC 1364 ) dealt with power of statutory authorities and bodies to dismiss servants. These decisions establish that the dismissal of a servant by statutory including local authorities or bodies in breach of the provisions ...
1[ds]32. In the present appeal, the pre-eminent question is whether the dismissal is in violation of Rule 143. Rule 143 imposes a mandatory obligation. The rules were made in exercise of power conferred on the municipality by statute. The rules are binding on the municipality. They cannot be amended without the assent ...
1
3,509
141
### 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: SC 282 ) and Mafatlal Naraindas Barot v. Divisional Controller, S.T.C. (1966) 3 SCR 40 = (AIR 1966 SC 1364 ) dealt with po...
Western Elect.Sup.Co.Of Orissa Ld Vs. M/S Baba Baijanath Roller & Flour Mil.Ld
presence of the representative of the respondent who is a Manager of the said company and in his presence the meter was checked up and was found to be tampered with. We have also noticed that the plea of duress or coercion in signing the inspection report was raised by the respondent but in reality no allegation was ma...
1[ds]11. We have noticed the facts in this case. We have also considered the Sections of the Act of 1910 and it appears to us that Section 26 is relevant only when there is any difference or a dispute arises in connection with correctness of a meter, in that case the matter shall be decided, upon being applied by eithe...
1
5,265
723
### 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: presence of the representative of the respondent who is a Manager of the said company and in his presence th...
Immani Appa Rao And Others Vs. Gollapalli Ramalingamurthi And Ors
of a statute, or of public policy, neither of them will, be estopped from proving those facts which render the instrument void ab initio; for although a party will thus in certain cases be enabled to take advantage of his own wrong, yet this evil is of a trifling nature in comparison with the flagrant evasion of the la...
1[ds]The point thus raised lies within a narrow compass and the material facts which give rise to it are no longer in dispute. It is common ground that the approach of the Court in determining the present dispute must be conditioned solely by considerations of public policy. It is true that as a result of permitting r...
1
6,540
1,754
### 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 a statute, or of public policy, neither of them will, be estopped from proving those facts which ren...
Korin Alias Etwari Devi Vs. India Cable Company Limited and Others
Court held that the findings recorded in title suit 116 of 1938 could not be res judicata because of the changed circumstances - that now the question of Rajdeos title to the two disputed plots on which his homestead stood was to be considered independently from whatever his interest in the said plots was when they for...
1[ds]6. It follows therefore that the defendants tenancy is governed by the provisions of the Transfer of Property Act and, on the facts found, the plaintiff company would be entitled to a decree for recovery of possession unless, consequent on the vesting of the estates and tenures under the Bihar Land Reforms Act, 19...
1
1,873
305
### 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: Court held that the findings recorded in title suit 116 of 1938 could not be res judicata because of th...
State Of Gujarat Vs. Jetawat Lal Singh Amar Singh & Ors
relating to unalienated lands shall apply to these villages.5. In this case we are not concerned with the compensation payable to the Jagirdar. We are dealing with the case of a person coming under S. 14 (1) of the Act. That Section prescribes the method of awarding compensation to persons other than Jagirdars who are ...
0[ds]Admittedly the first respondent was enjoying those lands without any liability to pay assessment. That was a right conferred on him under the compromise decree. No material was placed before us to show that the Jagirdar was competent in spite of the compromise decree to collect assessment from him in respect of th...
0
1,985
472
### 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: relating to unalienated lands shall apply to these villages.5. In this case we are not concerned with the co...
Union of India and Ors Vs. Mukesh Kumar Meena
a person belonging to general category. 2.6 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the Union of India and others have preferred the present appeal. 3. Shri Nachiketa Joshi, learned counsel appearing on behalf of the appellants – Union of India and others has ve...
0[ds]In the present case, the respondent – original applicant secured more than 45% marks in each subject except the subject of Other Taxes. In the subject of Other Taxes, he secured 43% marks. However, the minimum requirement was 40% so far as the respondent – original applicant is concerned, as he belonged to ST cate...
0
1,948
509
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: a person belonging to general category. 2.6 Feeling aggrieved and dissatisfied with the impugned judgment a...
Hari Shankar Lal Vs. Shambhunath Prasad And Others
alternative in the sense that when no reference was entered upon at all then the time ran from the notice calling upon the arbitrators to act, and that if they had entered on the reference, they had three months from that moment for making their award. In that case, the notice to act was given before the arbitrators en...
0[ds]No doubt in the above case, unlike in the present case, the arbitrators were called on to act before they entered on the reference; but that cannot make any difference in the application of the principle, namely, that "to act" is not the same as "to enter on the reference", and that the former is of a wider import...
0
2,761
544
### 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: alternative in the sense that when no reference was entered upon at all then the time ran from the noti...
Jt.Collector Ranga Reddy Dist.& Anr.Etc Vs. D.Narsing Rao & Ors. Etc.Etc
at any time, the suo motu power under subsection (4) of Section 50-B of the Act could be exercised even after decades and then it would lead to anomalous position leading to uncertainty and complications seriously affecting the rights of the parties, that too, over immovable properties. Orders attaining finality and ce...
0[ds]we are of the view that the Division Bench of the High Court was right in affirming the view of the learned single Judge of the High Court that the suo motu revision undertaken after a long lapse of time, even in the absence of any period of limitation was arbitrary and opposed to the concept of rule of law18. It ...
0
3,939
578
### 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: at any time, the suo motu power under subsection (4) of Section 50-B of the Act could be exercised even after...
V. Lakshmikanthan & Another Vs. Union of India & Others
rule of reservation) shall not be counted as reserved category candidates.(ii) The percentage of reservation has to be worked out in relation to number of posts in a particular cadre, class, category or grade (unit for the purpose of applying the rule of reservation) and not with respect to vacancies.(iii) So far as Ra...
1[ds]2. However, it is the case of the Railways that it took some more time for them to take a call on the issue of following post based reservation and finally it was clarified on 14.09.2006 that the post based reservation would be followed only with effect from 16.11.2005. In fact, it has been said so in an affidavit...
1
1,589
289
### 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: rule of reservation) shall not be counted as reserved category candidates.(ii) The percentage of reserv...
Jaimal & Anr Vs. Financial Commissioner, Punjab & Ors
money.(6) If there is no such charge as aforesaid the Assistant Collector shall, subject to any direction which he may receive from any court, "pay the purchase money to the landowner.(7) If there is such a charge, the Assistant Collector shall, subject as aforesaid, apply in the discharge of the mortgage debt so much ...
0[ds]8. Both sides have relied on the scheme of the Act, but it seems to us that the scheme of the Act and the objects underlying the Act do not assist us in determining this question. It is well known that the main objects of the Act were to provide security to the tenants, settle tenants on land declared surplus and ...
0
2,306
466
### 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: money.(6) If there is no such charge as aforesaid the Assistant Collector shall, subject to any direc...
Bihar State Electricity Board, Patna & Others Vs. M/s. Green Rubber Industries & Others
scheme of the Act seems to show that the provision made in any contract for a minimum charge was really to provide for a fair return on the outlay of the licensee, and it was for this reason that the law allowed the contract of this kind to be entered into. Clause XI-A of the schedule to the Act, as it then stood, prov...
1[ds]11. It is seen that in case of disconnection of the supply by the Board in exercise of its powers under the agreement it would be open for the consumer to apply for reconnection in accordance with the law within the remainder period of the above given compulsorily availing of supply or that of notice whichever is ...
1
4,769
1,042
### 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: scheme of the Act seems to show that the provision made in any contract for a minimum charge was really to ...
Lakshmi Bangle Stores Vs. Union of India & Others
be on the railway administration who want to non-suit the plaintiff on the ground of limitation to establish that the loss or injury occurred more than one year before the institution of the suit." * 8. No evidence whatsoever was produced by the respondent railway administration to show that the damage to the goods occ...
0[ds]9. We do not agree with the High Court. The date of accident was mentioned in the plaint to narrate a fact. It was also averred that the plaintiff came to know about the damage on September 4, 1964 when he received open delivery of the goods. The knowledge of the accident may have given rise to an assumption that ...
0
2,186
457
### 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: be on the railway administration who want to non-suit the plaintiff on the ground of limitation to establish...
M.S. Narayana Menon @ Mani Vs. State Of Kerala
fact may be rebutted not only by direct or circumstantial evidence but also by presumptions of law or fact. We are not concerned here with irrebuttable presumptions of law." 50. Two adverse inferences in the instant case are liable to be drawn against the Second Respondent: (i) He deliberately has not produced his book...
1[ds]The evidences adduced by the parties before the trial court lead to one conclusion that the Appellant had been able to discharge his initial burden. The burden thereafter shifted to the Second Respondent to prove his case. He failed to dosubmission of the Second Respondent that the Appellant had not denied his ent...
1
7,715
341
### 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: fact may be rebutted not only by direct or circumstantial evidence but also by presumptions of law or fact. W...
THE ASSISTANT COMMISSIONER OF INCOME TAX 12(3)(2) & ORS Vs. MARICO LTD
1. Delay condoned. 2. In the present matter, the assessment order was passed on 30.01.2018 as regards the Assessment Year 2014-15. 3. According to the record, certain queries were raised by the Assessing Officer on 25.09.2017 during the assessment proceedings which were responded to by the Assessee vide letters dated 1...
0[ds]5. Subsequently, by notice dated 27.03.2019 issued under Section 148 of the Income-Tax Act, the matter was sought to be re-opened. While accepting the challenge to the issuance of notice, the High Court in para 12 of its judgment observed as under:12. Thus we find that the reasons in support of the impugned notice...
0
260
186
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: 1. Delay condoned. 2. In the present matter, the assessment order was passed on 30.01.2018 as regards the Assessment Year 2...
Pardeep Kumar Jain Vs. Citi Bank
damages payable towards those who died in the accident. The complaint before the Commission was based on the deficiency in service on the part of the first and second respondent inasmuch as he had suffered a loss to the extent of Rs. 1,55,000/- being the market value of the car on the date of the accident and he was li...
1[ds]5. Under Section 146 of the Act there is an obligation on the owner of a vehicle to take out an insurance policy as provided under Chapter XI of the Act. If any vehicle is driven without obtaining such an insurance policy it is punishable under Section 196 of the Act. The policy may be comprehensive or only coveri...
1
1,455
499
### 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: damages payable towards those who died in the accident. The complaint before the Commission was b...
State of West Bengal and Another Vs. Surendra Nath Bhattacharya and Another
the products of the company and have stressed the fact that the articles produced by the company are used for the benefit of the people and as it saves lot of foreign exchange, it is unmistakably for the general good of the country particularly from the economic point of view. In these circumstances, it cannot be said ...
1[ds]The High Court undoubtedly referred to the "first Arora case" as also to the "second Arora case" but, with due respect, we might observe that the High Court relied mainly on the observations made in the "first Arora case" and has not correctly interpreted the later decision of this Court and the effect of the amen...
1
4,211
1,712
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the products of the company and have stressed the fact that the articles produced by the company are us...
The State Of Bombay Vs. Ali Gulshan
it was wanted for a public purpose.5. The ultimate source of authority to requisition or acquire property is to be found in Art. 31 of the Constitution. The requisition or acquisition must be for a public purpose and there must be compensation. This Article applies with equal force to Union legislation and State legisl...
1[ds]4. The validity of the Act is not questioned as unconstitutional or us beyond the scope of the legislative competence of the State. As the premises were required for housing a member of the staff of a Consulate, there can be no doubt that it was wanted for a public purpose.5. The ultimate source of authority to re...
1
1,451
519
### 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 was wanted for a public purpose.5. The ultimate source of authority to requisition or acquire property is ...
STEEL AUTHORITY OF INDIA LTD Vs. JAGGU
Rule 29, to comply with certain conditions enumerated under sub-rule (2) of Rule 25 of the Rules 1971 which includes clause (iv) and (v) to be complied with by the contractor and, if at all, there is any breach of the conditions of licence, complaint can be made to the prescribed authority and its consequences are imbe...
1[ds]30. It may be noticed that there are no pleadings on record and primarily the burden was on the respondent applicants to establish that the duties discharged by each of the employee was same or similar to that of a regular/direct employee appointed/employed by the establishment and this can be discerned from the f...
1
8,934
2,056
### 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: Rule 29, to comply with certain conditions enumerated under sub-rule (2) of Rule 25 of the Rules 1971 which inclu...
U.P. HOUSING AND DEVELOPMENT BOARD Vs. RAMESH CHANDRA AGARWAL
to place on record relevant documents including the Registration Booklet, the office order dated 1 November 2002 and the Rules of 1979. The appellant also sought to produce copies of the advertisements which were published from time to time.10. On 26 July 2018 the NCDRC directed the appellant to explore whether any plo...
1[ds]15. The appellant is governed by the terms and conditions advertised in its Registration Booklet and by the Rules of 1979. Clause 5 of the Registration Booklet indicates that mere registration does not confer a right for allotment. Rule 15 makes a provision to the effect that the Board is not bound to allot a hous...
1
2,087
437
### 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: to place on record relevant documents including the Registration Booklet, the office order dated 1 November 2002 and the R...
UNION OF INDIA Vs. COASTAL CONTAINER TRANSPORTERS ASSOCIATION
companies and in turn respondents issue debit note to their customers to the extent of charges payable to the shipping agencies, as such their service falls in the category of goods transport agency but not cargo handling service. While it is the case of the respondents that, show cause notices issued run contrary to c...
1[ds]17. It is the case of the appellants that if service as a whole, is taken into consideration, it falls within the classifiable category of cargo handling service but not goods transport agency. On the other hand, it is the case of the respondents that they only undertake road transportation, and so far as cargo ha...
1
4,412
1,167
### 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: companies and in turn respondents issue debit note to their customers to the extent of charges payable to the shipping age...
Annamreddi Bodayya and Another Vs. Lokanarapu Ramaswamy (Dead) By Lrs
ryot in respect of the holding because jurisdiction to decide this dispute is conferred on the Settlement Officer and sub-section (2) of the Section 56 provides that the decision of the Settlement Officer on the questions set out in sub-section (1) of Section 56 shall be final and not liable to be questioned at any rat...
1[ds]8. Both the decisions of this Court were read over to us. They lay down the correct law. Language of Section 56 of 1948 Act more especially the provision inn (1) which makes the order of Settlement Officer final and which cannot be questioned in any court leaves no room for doubt that the issues set out inn (1) of...
1
1,507
583
### 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: ryot in respect of the holding because jurisdiction to decide this dispute is conferred on the Settlement O...
Commissioner of Income Tax, West Bengal II Vs. Rajasthan Mines Limited, Calcutta
Co. Ltd. and three other parties for a total sum of Rupees 7,50,000/-. The Income-tax Officer treated the entire arrears of rent and royalty amounting to Rs. 3,00,332/- as revenue receipts of the assessee taxable during the assessment year 1950-51. He also treated the sale of the lands by the assessee as a business tra...
0[ds]As per the terms of the said conveyance, the assessee became entitled to the arrears of rent and royalty as a purchaser of those rights. It had no right to collect those arrears of rent and royalty as the owner of the property. It may be that in determining the price payable under the conveyance, the arrears of re...
0
1,755
113
### 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: Co. Ltd. and three other parties for a total sum of Rupees 7,50,000/-. The Income-tax Officer treated t...
India United Mills Ltd Vs. Commissioner Of Excess Profitstax, Bombay
relief which depended on facts then in existence. That that is the ratio of the decision will appear from the following passages in the judgment."I apprehend that there is no distinction in this matter between an original assessment and an additional assessment under section 125. Taking section 125 of the Income Tax Ac...
0[ds]The meaning given to it in the Oxford English Dictionary is "the finding out or bringing to light that which was previously unknown." (Vol. 3, page 433). It will therefore be correct to say that when a person comes to know of a fact of which he had no previous knowledge he discovers that fact, whether his want of ...
0
4,326
911
### 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: relief which depended on facts then in existence. That that is the ratio of the decision will appear from the foll...
Fateh Mohd, Son Of Nathu Vs. Delhi Administration
born at Allahabad at "the time when it was His Majestys Dominion. He had left India for Pakistan but returned on a Passport granted by the Government of Pakistan on May 16, 1958. He had a visa endorsed on his passport by the Indian authorities permitting him to stay in India for three months and this permission was lat...
0[ds]There is a fallacy underlying in this argument. The appellant was certainly not a foreigner when he entered India under the definition of a foreigner as it then stood. In view of the amendment of the definition he became a foreigner after January 19, 1957. He could not be convicted for an offence for an act done b...
0
2,791
519
### 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: born at Allahabad at "the time when it was His Majestys Dominion. He had left India for Pakistan but returned on a Passport ...
Dr. Gopal Dass Verma Vs. Dr. S. K. Bhardwaj And Another
be said to have been let for use as a residence or for a commercial use and so they ceased to be premises under the Act. It is suggested that any other use which is specified by S. 2(g) would not include a combination of residence with commercial or professional purposes. The other use there referred to may be use for ...
0[ds]7. It would be noticed that as soon as it is found that the premises in question have been used by respondent 1 incidentally for professional purposes and it is further established that this use is made with the consent of the landlord then the case goes outside the purview of S. 13(1)(e) altogether. In the presen...
0
2,996
1,194
### 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: be said to have been let for use as a residence or for a commercial use and so they ceased to be ...
Southern Petrochemicals Industries Corporation Limited Vs. Administrator of Specified Undertaking of Unit Trust of India & Others
substance and has no merit. The provisions of section (2) of Section 4A can only be invoked in cases where a financial institution is not specifically specified under sub section (1) of Section 4A of the Companies Act 1 of 1956. In the light of the view we have taken that sub clause (v) of sub section (1) of Section 4A...
0[ds]17. In our view the said judgment has no application to the facts of the present case. In the said judgment Industrial Development Bank of India was admittedly a public financial institution and there was no dispute as to the status of the IDBI as the financial institution. The dispute in the said case was that wh...
0
3,896
265
### 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: substance and has no merit. The provisions of section (2) of Section 4A can only be invoked in ca...
Modi Spinning and Weaving Mills Vs. Virendra and Others
1. Vide order dated 23-2-1990, a two-Judge Bench of this Court referred this appeal to be heard and disposed of by a three-Judge Bench because of an apparent conflict in some decisions of this Court with regard to the competence of a company to file appeal, or to maintain a petition of appeal, for whose benefit, the la...
0[ds]5. We have examined both the objections carefully and have also put into play the equities of the case. They passed on the bargain to Modipon Ltd. way back on. M/s. Modipon Ltd. is assumed to have paid every penny of the price settled. We cannot assume, in these circumstances, that the litigation going on between ...
0
1,026
217
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: 1. Vide order dated 23-2-1990, a two-Judge Bench of this Court referred this appeal to be heard and disposed ...
Gyasi Ram Vs. Brij Bhushan Das And Ors
date of the deposit and as there was a shortage of Rs. 88-1-0, the entire amount had not been deposited and in consequence no final decree could be passed in favour of the appellant. In the result the High Court set aside the order of the Additional District Judge and restored the order of the trial Court passing a dec...
1[ds]We are of opinion that there is force in this contention and the appeal must succeed. Under O. XXXIV, R. 8 (1) the mortgagor can deposit all amounts due under O. XXXIV, R. 7 (1) before the final decree debarring him from all rights to redeem is passed. Order XXXIV, R. 7 (1) lays down what a preliminary decree shou...
1
2,142
847
### 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: date of the deposit and as there was a shortage of Rs. 88-1-0, the entire amount had not been deposited and in consequence ...
P. Lal Vs. Union of India and Others
within the notice period. He submitted that the notice period was only for 3 months. He submitted that the effective date within which the request for voluntary retirement could be withdrawn was only 3 months. He submitted that in any event by Order dated 2nd March, 1995, the Government of India had accepted the reques...
1[ds]We are unable to accept the submissions of Mr. Jethmalani. As has been pointed out hereinabove, against the portion of the impugned judgment which held that the Appellant had locus and that the Central Administrative Tribunal had jurisdiction, Respondent No. 3 had filed a Special Leave Petition. That has been dism...
1
7,512
903
### 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: within the notice period. He submitted that the notice period was only for 3 months. He submitted tha...
State Of M.P. & Ors Vs. M/S. Chhotabhai Jethabhai Patel & Co. &
agents in different units for sale and the State was bound to purchase every single lot of tendu leaves unless the same could be said to be unfit for the manufacture of bids. 9. Prima facie trade in tendu leaves as was held by this Court in Vrajlal Manilal v. State of Madh Pra, (1970) 1 SCR 400 at p. 408 = (AIR 1970 SC...
0[ds]8. We find ourselves unable to accept the contentions put forward by counsel on behalf of the State. All the relevant provisions of the Act and the Rules referred to above show that the legislature intended that everybody growing leaves within the State should offer the same to it or its agents in different units ...
0
2,657
693
### 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: agents in different units for sale and the State was bound to purchase every single lot of tendu leaves unless the same coul...
Nath Seeds Ltd. and Ors Vs. The Malaprabha Neerwani Balakedara Co-operative Sangh Ltd
1. The Malaprabha Neerwani Balakedara (Irrigation Consumer) Co-operative Sangh Ltd. Respondent in the appeal herein, filed a petition before the National Consumer Disputes Redressal Commission (the Commission) on behalf of 201 farmers wherein it was complained that the Appellant supplied spurious cotton seeds called Sh...
0[ds]2. We have heard Mr. G.L. Sanghi, learned Senior Advocate appearing for the Appellant. He has taken us through the report of the Committee, the order of the Commission and other relevant material on the record.
0
376
46
### 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: 1. The Malaprabha Neerwani Balakedara (Irrigation Consumer) Co-operative Sangh Ltd. Respondent in the...
Smt. Santa Sila Devi And Another Vs. Dhirendra Nath Sen And Others
K.B. 736, 748.). Besides it is obvious that unless the reference to arbitration specifically so requires the arbitrator is not bound to deal with each claim or matter separately, but can deliver a consolidated award. The legal position is clear that unless so specifically required an award need not formally express the...
0[ds]In the circumstances the principle of construction enunciated by Parke, B. aptly covers the case and the silence of the award as regards the claim for accounting must, therefore, be taken to be intended as a decision rejecting the claim to thatshall next turn to the submission that the nature of the claim here mad...
0
4,117
676
### 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: K.B. 736, 748.). Besides it is obvious that unless the reference to arbitration specifically so requires the...
Brig. S. Ramachandran Vs. Hyderabad Allwyn Metal Works Limited, Sanathnagar, Hyderabad and Others
1. The appellant joined service with Respondent 1 as General Manager/Executive Director in June 1980. His services were terminated on payment of three months salary in lieu of the notice period by the order dated 4-5-1981. Clauses 4, 5 and 6 of the appointment order are as under "4. You will be on probation for a perio...
0[ds]We are of the view that the law laid down by this Court in the abovesaid two judgments has no application to the facts of the present case. The appellant joined service on 10and his services were terminated onHe had hardly worked for one year. There is nothing on the record to show that he was appointed by Respond...
0
721
153
### 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. The appellant joined service with Respondent 1 as General Manager/Executive Director in June 1980. His se...
Ram Saran & Another Vs. Ganga Devi
Hegde, J. 1. This is a plaintiffs appeal by special leave. Ram Saran and Raghubir Saran, the plaintiffs are brothers. They jointly owned suit property with Chhabili Kuer, widow of Lalita Prasad. After the death of Chhabili Kuer, on February 8, 1971, Ganga Devi, the defendant in the suit came forward as the legal repres...
0[ds]4. We are in agreement with the High Court that the suit is hit by Section 42 of the Specific Relief Act. As found by theg courts, Ganga Devi is in possession of some of the suit properties. The plaintiffs have not sought possession of those properties. They merely claimed a declaration that they are the owners of...
0
411
100
### 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: Hegde, J. 1. This is a plaintiffs appeal by special leave. Ram Saran and Raghubir Saran, the plaintiffs are brothers. They...
Amalgamated Commercial Traders Private Limited Vs. A C K Krishnaswami and Another
petition in respect of the dividends declared for the year 1959(6) That the declaration of dividend even before the actual receipt of assets was valid;(7) That the resolution of the company dated December 30, 1959, did not contravene the provisions of section 207 of the Companies Act; and(8) That the resolution dated D...
1[ds]8. We are satisfied that the debt in respect of which notice was given under section 434 was bona fide disputed by the appellant company. The appellant company had received legal advice and it had acted on it. On the facts it seems to us clear that the appellant company did not dispute the debt in order to hide it...
1
3,809
249
### 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: petition in respect of the dividends declared for the year 1959(6) That the declaration of dividend even befo...
ROJER MATHEW Vs. SOUTH INDIAN BANK LTD AND ORS
Difficulties would arise with reference to sub- clauses (b), (c), (d) and (e) of Article 110(1), when we apply the principles of dominant or the main purpose of an enactment test. Sub-clause (c) to Article 110(1) refers to payment of monies into or withdrawal of monies from the Consolidated Fund of India. Sub-clause (d...
1[ds]37. Tribunals can thus be viewed as alternate avenues to facilitate swift dispensation of justice through less-formal procedures of adjudication. An examination of existing Tribunals in India and across foreign jurisdictions, shows that they are best suited to deal with complex subject-matters requiring technical ...
1
20,662
9,992
### 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: Difficulties would arise with reference to sub- clauses (b), (c), (d) and (e) of Article 110(1), ...
HARI SANKARAN Vs. UNION OF INDIA
the Act, the Tribunal is required to issue notice to the Central Government, Income Tax Authorities, SEBI or any other statutory regulatory body or authorities concerned or any “other person concerned” and is required to take into consideration the representation, if any made. The “other person concerned” is as such no...
0[ds]9. On going through the order passed by the learned Tribunal passed under Section 130 of the Act, it appears that the learned Tribunal is conscious of the relevant provisions of the Act, more particularly Section 130 of the Companies Act and more particularly the conditions precedent to be complied with/satisfied ...
0
8,649
2,302
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the Act, the Tribunal is required to issue notice to the Central Government, Income Tax Authorities, SE...
ORIENTAL INSURANCE COMPANY LTD Vs. NATIONAL BULK HANDLING CORPORATION PVT. LTD
claim is covered by the insurance policy. It is submitted that after filing of the complaint, when the claim is repudiated, such rejection order also is questioned by way of amendment. It is submitted that when the impugned order is read in entirety with regard to urad and mentha oil, it is clear that the warehouse Sup...
0[ds]8. Upon hearing the learned counsels on both sides and on perusal of the impugned order and other material placed on record, we do not find any merit in any of the contentions advanced by learned counsel for the appellant. The aforesaid judgments relied on by learned counsel for the respondent, though relate to in...
0
2,188
530
### 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: claim is covered by the insurance policy. It is submitted that after filing of the complaint, when the claim...
Godhra Electricity Co. Ltd. & Anr Vs. The State Of Gujarat And Another
payment of the purchase price.26. In support of the contention that when once the notice exercising the option to purchase the undertaking has been served, the licensee has no further right to carry on the business the learned Additional Solicitor General placed reliance on the decision of this Court in Kalyan Singh v....
1[ds]We have already seen that Rule 18 provides that the date of the notification shall be deemed to be the date of commencement of the licence. We have to read clause 2 (e) of the licence in the light of the provisions of Rule 18. Therefore, there is nothing strange in making the date of the notification in the Gazett...
1
6,483
1,380
### 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: payment of the purchase price.26. In support of the contention that when once the notice exercising the option to purchas...
National Insurance Co. Ltd Vs. Life Insurance Corporation Of India
to include in addition to life business the capital redemption business or annuity certain business or both; but where an insurer carries on life business and -general business like fire or marine insurance etc. the capital redemption business or the annuity certain business, or both, (as the case may be) cannot be inc...
0[ds]In our opinion this argument cannot be accepted. The definition of "controlled business" contemplates two kinds of insurers-(i) insurers who carry on life business only, and (ii) insurers who carry on composite business, that is to say certain other business which does not ex facie come within controlled business....
0
2,179
1,023
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to include in addition to life business the capital redemption business or annuity certain busine...
M. C. Chockalingam & Ors Vs. V. Manickavasagam & Ors
right to possess in some other person" The learned authors have further put in a word of caution oberving:"The whole terminology of the subject, however, is still very loose and unsettled in the books, and the reader cannot be too strongly warned that careful attention must in every case be paid to the context". 14. Mr...
0[ds]In the context of R. 13, we are clearly of opinion that a tenant on the expiry of the lease cannot be said to continue in lawful possession of the property against the wishes of the landlord if such a possession is not otherwise statutorily protected under the law against even lawful eviction through court process...
0
4,995
929
### 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: right to possess in some other person" The learned authors have further put in a word of caution oberving:"The who...
Commissioner Of Income-Tax, Bombay Vs. M/S. Walchand & Co. (Pvt.) Ltd., Bombay
case the Tribunal acted without evidence in disallowing Rs. 30.000 (Rupees thirty thousand)" The High Court was of the view that the Tribunal acted without evidence in partially disallowing the increase in the remuneration of the three executive officers during the assessment years 1953-54 and l954-55. The Commissioner...
0[ds]6. The Tribunal did not agree with the view of the Income-tax Officer. That is clear from the observations made in paragraph 2 of their order. But, without assigning any reasons, the Tribunal allowed the claim only partially. The High Court on a careful consideration has pointed out that the work of the assessee h...
0
1,689
896
### 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: case the Tribunal acted without evidence in disallowing Rs. 30.000 (Rupees thirty thousand)" The High...
S.K. Verma Vs. Mahesh Chandra and Another
with the relevant statements and the will of expenses to the Branch office.-8. Advances Deposits:In respect of business procured by you during the tour you should see that advance deposits, at least equal to full installment of first premiums, are collected from the proponents and that all such amounts are remitted to ...
1[ds]A perusal of the above extracted terms and conditions of appointment shows that a development officer is to be a whole time employee of the Life Insurance Corporation of India. that his operations are to be restricted to a defined area and that he is liable to be transferred. He has no authority whatsoever to bind...
1
3,601
331
### 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: with the relevant statements and the will of expenses to the Branch office.-8. Advances Deposits:In r...
C.C.E. Mumbai - Iv Vs. M/S. Fitrite Packers, Mumbai
Tungabhadra Industries Ltd., Kurnool v. Commercial Tax Officer, Kurnool (where hydrogenated groundnut oil was regarded as groundnut oil) and Commissioner of Sales Tax, U.P., Lucknow v. Harbiles Rai and Sons (where bristles plucked from pigs, boiled, washed with soap and other chemicals and sorted out in bundles accordi...
1[ds]10) On the facts of the present case, it is to be determined as to whether the case would fall under category (2) or category (4). We have already taken note of printing process. A cursory look into the same may suggest, as held by the Tribunal, that GI paper is meant for wrapping and the use thereof did not under...
1
2,532
643
### 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: Tungabhadra Industries Ltd., Kurnool v. Commercial Tax Officer, Kurnool (where hydrogenated groundnut oil was reg...
Saroj Screens Pvt.Ltd Vs. Ghahshyam
for different reasons, that Resolution dated 28.8.1991 and the sanction accorded by the State Government vide letter dated 12.6.2000 are legally unsustainable does not call for interference by this Court. 17. We are also convinced that even though the lease granted to Gopaldas Mohta was renewed in favour of Parmanand M...
0[ds]evidence was produced before the High Court to show that the appellant was continuing in possession with the consent of Parmanand Mundhada, his heirs or respondent Nos.1 and 2. Rather, it was their pleaded case that after expiry of the period specified in lease deed dated 10.9.1947, the appellant did not have any ...
0
9,487
604
### 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 different reasons, that Resolution dated 28.8.1991 and the sanction accorded by the State Governmen...
Automotive Manufacturers (P) Ltd. Etc Vs. Govt. Of Andhra Pradesh And Ors. Etc
internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises. 7. The argument of learned counsel was that a chassis as such could neit...
0[ds]We find ourselves unable to accept this view. Item (4) in the table of the above notification limits the exemption from the tax to the journey of the chassis for the express purpose of a body being attached to it. The Automotive Manufacturers being dealers can and do probably deal with or dispose of the chassis as...
0
1,897
448
### 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: internal source and includes a chassis to which a body has not been attached and a trailer; but does not inc...
Management of Pakshiraja Studios Vs. Hie Workers In Pakshiraja Studios Represented by the Secretary,Commercial & Allied Employees' Union
pictures for producers, by "recording" for talking pictures, by way of hire for "setting" by "processing films" by preparing "still photos", and such other activities, without engaging itself in the production and distribution of the same. There is equally no doubt that there are many studios which are engaged in purel...
0[ds]4. The question whether two or more units of business under the same ownership form one industrial unit or more has often arisen before the industrial courts. In Pratap Press etc. v. Their Workmen, (1960) 1 Lab LJ 497 at p. 499; (AIR 1960 SC 1213 at p. 1216) the Court pointed out that the most important of the...
0
1,503
573
### 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: pictures for producers, by "recording" for talking pictures, by way of hire for "setting" by "processing films" by prepar...
Indian Bank Vs. Abs Marine Products Pvt. Ltd
issue not arising for decision, are also in the nature of law declared by this Court, the first Respondent contends that they are merely observations made on the peculiar facts and circumstances of that case, in exercise of the power under Article 142 to do complete justice. 21. The first Respondent drew our attention ...
0[ds]16. Making a counter claim in the Banks application before the Tribunal is not the only remedy, but an option available to the borrower/defendant. He can also file a separate suit or proceeding before a civil court or other appropriate forum in respect of his claim against the Bank and pursue the same. Even the Ba...
0
6,865
1,214
### 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: issue not arising for decision, are also in the nature of law declared by this Court, the first Respondent contends that th...
M/S UTKAL SUPPLIERS Vs. M/S MAA KANAK DURGA ENTERPRISES & ORS
to any of these decisions, and in second-guessing the authoritys requirement of a licence under the Contract Labour Act, has clearly overstepped the bounds of judicial review in such matters. In any case, a registration certificate under Section 4 of the Orissa Act cannot possibly be the equivalent of a valid labour li...
1[ds]10. Having heard learned counsel appearing on behalf of the Appellant and Respondent no.1, what is clear is that the authority concerned read its own TCN to refer to the licence to be submitted by bidders as the labour licence under the Contract Labour Act. This is also clear from a reading of the tender document ...
1
4,496
2,022
### 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: to any of these decisions, and in second-guessing the authoritys requirement of a licence under the Con...
The Punjab National Bank Vs. Union of India & Another
Mathew, J.1. This appeal, by special leave, is against an order passed by the High Court of Delhi refusing to grant a certificate to the appellant under Article 133 (1) (c) of the Constitution to appeal to this Court.2. The High Court had dismissed in limine a writ petition filed by the appellant challenging the validi...
1[ds]6. The statement that the appellant filed an application under Art. 133, without specifying the clause under which the application was made, was, to say the least, misleading. The ground in the petition for leave to appeal referred to above would suggest that the application to the High Court for certificate was m...
1
911
406
### 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: Mathew, J.1. This appeal, by special leave, is against an order passed by the High Court of Delhi refusing to grant a cert...
National Insurance Co. Ltd Vs. Puja Roller Flour Mills (P) Ltd. & Others
1. Heard learned counsel for the parties. 2. The Motor Accidents Claims Tribunal (for short the Tribunal) by its award dated 15-9-1994 fixed the compensation at Rs 6,72,000 and directed that as according to the terms of the insurance policy the liability of the Insurance Company was limited to the extent of Rs 1,50,000...
1[ds]The new Act came into force on 1-7-1989 and the accident had taken place on 29-9-1989 on which date the policy was effective. As the accident has taken place within the period of four months and the policy was to expire thereafter, the date of accident being earlier one in point of time, according to the proviso, ...
1
466
206
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: 1. Heard learned counsel for the parties. 2. The Motor Accidents Claims Tribunal (for short the Tribunal) by its a...
STATE OF MADHYA PRADESH Vs. R.D. SHARMA AND ANR
Time Scale: - (i) Additional Principal Chief Conservator of Forest – Pay-Band – 4: Rs.37400-67000; plus Grade Pay Rs.12000; (ii) HAG +: Rs.75500- (annual increment @ 3%)- 80000; Grade Pay: Nil; (iii) Apex Scale: Rs.80000 (fixed), Grade Pay: nil (by upgradation of one existing post of Principal Chief Conservator of Fore...
1[ds]From the above quoted rules, it is abundantly clear that one existing post of PCCF was to be upgraded as the Head of Forest Force in each State cadre, fixing the apex scale at Rs. 80,000/- w.e.f. the date of the issue of Notification of the said Amended Rules i.e. 27th September, 2008, and that the said post of PC...
1
3,516
941
### 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: Time Scale: - (i) Additional Principal Chief Conservator of Forest – Pay-Band – 4: Rs.37400-67000; plus...
Food Corporation of India & Another Vs. M/s. SEIL Ltd. & Others
by the respondents many many years back, save and except under the terms of binding contract. 14. We have noticed hereinbefore that the High Court had divided the cases in two categories. In regard to the supplies made by the respondents to the Central Government and/or its agencies wherewith appellants had no concern,...
0[ds]18. Article 14 of the Constitution of India has received a liberal interpretation over the years. Its scope has also been expanded by creative interpretation of the court. The law has developed in this field to a great extent. In this case, no disputed question of fact is involved. The High Court, in an appropriat...
0
2,433
310
### 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: by the respondents many many years back, save and except under the terms of binding contract. 14. We have no...
NAND KISHORE PRASAD Vs. MOHIB HAMIDI
the surgery was the only option even with low blood platelets, the finding of negligence of the operating surgeon cannot be ignored.14. Thus, we find that it is a case of unreasonable decision of the Operating Surgeon to operate and not a case of “bit negligent” so as to absolve the surgeon from the allegation of medic...
1[ds]12. At the time of admission, the recorded history of the patient is complaint of pain in abdomen, fever and haemorrhage in both eyes for the past five days. However, there is no evidence of critical condition of the patient to be operated upon even with low platelet count. The surgery to remove round worms is not...
1
2,678
355
### 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 surgery was the only option even with low blood platelets, the finding of negligence of the operati...
PRINCIPAL DIRECTOR OF INCOME TAX (INVESTIGATION) & ORS Vs. LALJIBHAI KANJIBHAI MANDALIA
height of folly to expect judges intelligently to review a 5000 page record addressing the intricacies of public utility operation. It is not the function of a judge to act as a superboard, or with the zeal of a pedantic schoolmaster substituting its judgment for that of the administrator. The result is a theory of rev...
1[ds]12. We have heard learned counsel for the parties and find that the view of the High Court that the authorization to search the premises of the assessee is invalid, cannot be sustained. The expression reasons to believe is a component of many statutes such as in the case of reassessment of Income under the Act or ...
1
11,229
6,404
### 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: height of folly to expect judges intelligently to review a 5000 page record addressing the intricacies of ...
Ghaziabad Development Authority Vs. Sanchar Vihar Sahkari Avas Samiti Ltd
it reads as under : "balance amount payable in six half yearly instalments with 15% interest". 10. Mr. O. P. Rana, learned Senior counsel appearing in support of Civil Appeal filed by the authority contended that the entire brochure has to be read together because this was an advertisement to the public at large and in...
1[ds]12. In our opinion the National Commission was not justified in dissecting clause 3.50 and column 9 of table 1 of the brochure. The brochure published by the authority has to be read together. It is true that clause 3.50 is silent about the liability of the applicant to pay the interest @ 15% on the balance amount...
1
2,012
767
### 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: it reads as under : "balance amount payable in six half yearly instalments with 15% interest". 10. Mr. O. P...
Fibre Boards Ltd., Bangalore Vs. Commissioner of Income Tax, Bangalore
omission and re-enactment. The Court has stated as follows: “As noticed earlier, the omission of Section 2(27) and re-enactment of Section 80-JJ was done simultaneously. It is a very well-recognized rule of interpretation of statutes that where a provision of an Act is omitted by an Act and the said Act simultaneously ...
1[ds]It is true that Section 280Y(d) was only omitted by the Finance Act, 1990 and was not omitted together with Section 280ZA. However, we agree with learned counsel for the appellant that this would make no material difference inasmuch as Section 280Y(d) is a definition Section definingor the purpose of Section 280ZA...
1
10,620
1,048
### 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: omission and re-enactment. The Court has stated as follows: “As noticed earlier, the omission of Section 2(27) and...
Ram Chandra Palai And Others Vs. The State Of Orissa And Others
permit holders in that behalf. These permits may or may not be renewed in favour of these permit holders but the non-renewal of such permits would not be on a par with the premature termination or cancellation of the permits held by the owners of stage carriage services to whom the provisions of Orissa Act XXXVI of 194...
0[ds]The provisions of both the Acts being materially different as set out above the application of one Act to particular districts of the State and of the other Act to the other districts of the State was violative of the guarantee of equal protection of laws enshrined in Art. 14 of the Constitution. The owners of sta...
0
4,911
752
### 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: permit holders in that behalf. These permits may or may not be renewed in favour of these permit holders bu...
Iridium India Telecom Ltd Vs. Motorola Inc
97 of the Amending Act appears to be that on and after February 1, 1977 throughout India wherever the Code was in force there should be same procedural law in operation in all the civil courts subject of course to any future local amendment that may be made either by the State legislature or by the High Court, as the c...
0[ds]19. The Legislature recognized the special role assigned to the Chartered High Courts and exempted them from the application of several provisions of the Code in the exercise of their ordinary or extra-ordinary civil jurisdiction for the simple reason that those jurisdictions were governed by the procedure prescri...
0
8,325
301
### 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: 97 of the Amending Act appears to be that on and after February 1, 1977 throughout India wherever...
Rattan Lal Gupta & Ors. Etc. Etc Vs. Suraj Bhan & Ors. Etc. Etc
of 1965 D/- 27-10-1967 (SC)*(supra). Baluram v. State Transport Appellate Authority, M.P. S.A. No. 727 of 1965 D/- 22-3-1968 (SC) and R. Obliswami Naidu, (1970) 3 SCR 730 = (AIR 1969 SC 1130 ) (supra) as follows:*Reported in (1967) 2 S.C.W.R. 857"The next question which falls for determination is the point of time when...
0[ds]7. As the RTA had not fixed the number of permits for the longer route, we agree with the High Court that the grant of permits for the longer route is invalid.But the legal position in regard to the grant of permits on the shorter route is different. Admittedly, on March 23, 1959, the RTA had fixed the number of p...
0
3,150
564
### 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 1965 D/- 27-10-1967 (SC)*(supra). Baluram v. State Transport Appellate Authority, M.P. S.A. No...
M/S. Tamil Nadu State Trpt. Corporation Vs. Natarajan
the provisions of Motor Vehicles Act 1939 in the Court of Subordinate Judge, Chidambaram. In the claim petition only the proprietor of the private bus and the insurance company from which it was insured were made parties. The Claims Tribunal i.e. the Court of Subordinate Judge, Chidambaram in its award made on 21.10.19...
1[ds]It was not a claim based on no fault liability. It was a claim petition filed by the claimant against the owner and insurer of the private bus. The claimant is also represented before us and on his behalf it is stated that he has been given compassionate appointment on suitable alternative job and he never desired...
1
1,232
216
### 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 provisions of Motor Vehicles Act 1939 in the Court of Subordinate Judge, Chidambaram. In the claim peti...
TRF Ltd Vs. Energo Engineering Projects Ltd
parties to nominate their respective arbitrator, their authority to nominate cannot be questioned. What really in that circumstance can be called in question is the procedural compliance and the eligibility of their arbitrator depending upon the norms provided under the Act and the Schedules appended thereto. But, here...
1[ds]9. We have reproduced the entire Clause 33 to appreciate the dispute resolution mechanism in its proper perspective.(c) of Clause 33 clearly postulates that if the dispute cannot be settled by negotiation, it has to be determined under the Act, as amended. Therefore, the amended provisions doa careful scrutiny of ...
1
12,618
1,114
### 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: parties to nominate their respective arbitrator, their authority to nominate cannot be questioned. What rea...
Workmen Of Metro Theatre Ltd., Bombay Vs. Metro Theatre Ltd., Bombay
the expression award. Secondly, it cannot be and was not that under the above provision a gratuity scheme obtaining under an existing agreement or contract could be improved upon by a fresh agreement or fresh contract between the employer and the employee and if that be so there is no reason why the expression award sh...
1[ds]3. It is difficult to accept this contention and interfere with the discretion exercised by the Tribunal in the matter which can be done only if it is shown to have been unreasonably exercised. Under Section17-A(4) ofthe Industrial Disputes Act, 1947 it is a matter of discretion for the Tribunal to decide having r...
1
3,635
2,259
### 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: the expression award. Secondly, it cannot be and was not that under the above provision a gratuity scheme ...
India General Navigation and Railway Company, Limited, and Another Vs. Their Workmen
rules in the terms prescribed. While signing this agreement, the employee is required to mention, inter alia, the date of his birth. According to this rule, when Paul joined the said institution on 24 November, 1933 he made the relevant declaration and mentioned 18 Bhadra (Sunday) 1306 B.S. as the date of his birth; th...
1[ds]2. It is clear that the question raised by the appellant is a pure question of fact, the decision of which depends on the appreciation of evidence adduced by the parties before the tribunal. This court does not generally interfere with finding of fact while dealing with appeals in industrial matters brought before...
1
1,767
1,113
### 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: rules in the terms prescribed. While signing this agreement, the employee is required to mention, inter...
M.P. Power Generation Co. Ltd. and Ors Vs. Ansaldo Energia SPA and Ors
a contract is not voidable if the party whose consent was taken had the means of discovering the truth with ordinary diligence, even if the consent was caused by misrepresentation. He also relied upon illustration (b), which deals with sale of a factory by B on the representation of A that 500 mounds of Indigo are made...
0[ds]22. The Arbitral Tribunal opined that the production of Letter of Comfort was a fundamental condition of the agreements and the Claimant cannot be said to have waived the production of Letter of Comfort. The contention of oral concession made by Sh. G. Ravindran was considered by the Arbitral Tribunal with referen...
0
9,043
1,245
### 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: a contract is not voidable if the party whose consent was taken had the means of discovering the ...
UNION OF INDIA & ORS Vs. NAVNEET KUMAR
with Rule 9(4) of the 2011 Rules. The High Court found fault with the decision of the ACC as it was contrary to the recommendations made by the Selection Committee which was approved by the Chief Justice of India. The High Court allowed the writ petition and directed the ACC to take a decision afresh for the grant of e...
1[ds]9. The facts of this case are not in dispute. Initially, the Selection Committee headed by a sitting Judge of this Court recommended the extension of the respondent as Judicial Member of the Central Administrative Tribunal for another term. The said recommendation was approved by the Chief Justice of India. Therea...
1
2,174
488
### 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: with Rule 9(4) of the 2011 Rules. The High Court found fault with the decision of the ACC as it was contrary to the recomm...
Mumbai International Airport Pvt. Ltd Vs. Regency Convention Centra & Hotels
specific performance of the said agreement of sale in respect of the undivided half share, the court may permit the other co-owner who contends that `D has only one-fourth share, to be impleaded as an additional defendant as a proper party, and may examine the issue whether the plaintiff is entitled to specific perform...
0[ds]11. On a careful consideration, we find that there is no conflict between the two decisions. The two decisions were dealing with different situations requiring application of different facets of sub-rule (2) of Rule 10 of Order 1. This is made clear in Sumtibai itself. It was observed that every judgment must be g...
0
4,876
791
### 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: specific performance of the said agreement of sale in respect of the undivided half share, the court may p...
Garware Nylons Ltd Vs. Pimpri Chinchwad Mahanagar Palika And Ors
1. The question that arises for consideration in this appeal is whether the customs duty paid by the appellant could be included for determining valuation for purposes of charging octroi under Rule 17(a) of the Maharashtra Municipalities (Octroi) Rules, 1968 made under sub-section (2) of Section 321 read with proviso t...
0[ds]3. In Shroff case it was held by this Court that countervailing duty being imposed for the purpose of compensating excise duty, it was includible in the expression duty. The Court further held that expression incidental used in the rule expanded its ambit and extended it to such duty that was an incident of import...
0
756
291
### 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: 1. The question that arises for consideration in this appeal is whether the customs duty paid by the appellant co...
Shah & Co., Bombay Vs. The State Of Maharashtra & Anr
of the Requisition Act. Therefore, the contention of the learned counsel for the petitioner, that the transfer or assignment of tenancy rights, contemplated under Explanation (a) to S. 6 of the Requisition Act, must be understood in a limited manner, in the sense that they deal with prohibited assignments, under the Re...
0[ds]There are provisions relating to residential and other premises and hotels and lodging houses. It is, in that context, that S. 15 occurs, which prohibits a tenant to sub-let or transfer his rights, in the absence of a contract to the contrary. But certain types of assignment or transfer of tenancy rights can be pe...
0
7,799
765
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of the Requisition Act. Therefore, the contention of the learned counsel for the petitioner, that the transfe...
Khushiram Behari Lal & Co Vs. Assessing Authority, Sangrur & Anr
KHANNA, J. 1. This is an appeal on certificate against the judgment of the Punjab and Haryana High Court whereby the High Court held that the appellant-firm had failed to prove that it had stood dissolved on a date prior to the date of assessment, viz., March 12, 1962.2. The appellant-firm carries on business as commis...
0[ds]The High Court, in the course of its judgment, has pointed out that though the assessment order was made on March 12, 1962 a large number of hearings took place between March 8, 1961, the alleged date of dissolution and March 12, 1962. At no hearing, was any intimation given by the appellant to the assessing autho...
0
983
355
### 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: KHANNA, J. 1. This is an appeal on certificate against the judgment of the Punjab and Haryana High Co...
Discount & Finance House of India Limited Vs. S.K. Bhardwaj & Others
1991 which came into force from 1st October, 1991 that exclusionary Clause, which excluded interest on Government Securities, was deleted and therefore, the legislature intended to charge and levy interest tax on interest received from R.B.I. on dated Government Securities. We do not find any merit in this argument. In...
1[ds]We are, therefore, required to examine the Act in the context of this argument. The Act came into force with effect fromIt continued to operate upto 31st March, 1978. It was dropped from0. It was revived from5. It was once again dropped from1. It was reintroduced with effect fromvide Finance No. 2 Act, 1991 and it...
1
4,559
931
### 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: 1991 which came into force from 1st October, 1991 that exclusionary Clause, which excluded interest on Government Securities...
Mrinmayee Rohit Umrotkar Vs. Union of India and 4 Others
record and considered the rival contentions. 15. Consequent to the enactment of the Industrial Development Bank of India Act, 1964 (hereafter the IDBI Act, for short) and issuance of notification in terms of Section 3 thereof, the Industrial Development Bank of India (hereafter the Development Bank, for short) was brou...
0[ds]16. The Industrial Development Bank (Transfer of Undertaking and Repeal) Act, 2003 (hereafter the 2003 Act, for short) was enacted by the Parliament to provide for transfer and vesting of undertaking of the Development Bank to and in the Company to be formed and registered as a Company under the Companies Act, 195...
0
3,027
989
### 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: record and considered the rival contentions. 15. Consequent to the enactment of the Industrial Development Bank of...
KUM C. YAMINI Vs. THE STATE OF ANDHRA PRADESH
which is similar to the procedure for appointments to the sanctioned posts in the regular cadre, is no ground to accede to their request to reckon their seniority in the permanent cadre of District Judges, from their initial appointment as the District Judges for the Fast Track Courts. The appointments which came to be...
0[ds]13. The claim of the appellants that they were appointed as ad hoc District Judges by following the procedure which is similar to the procedure for appointments to the sanctioned posts in the regular cadre, is no ground to accede to their request to reckon their seniority in the permanent cadre of District Judges,...
0
3,840
1,115
### 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: which is similar to the procedure for appointments to the sanctioned posts in the regular cadre, ...
M/S Hcl Infosystem Ltd Vs. Central Bureau Of Investigation
fresh notification for the court occupied by him, his transfer order is under abeyance till his successor joins. “ 11. The only contention raised by Shri C.U. Singh, learned senior counsel for the appellant is that public servant having died before framing of the charge, the appellant could not be tried by the Special ...
0[ds]15. In the present case, the Special Court in question has been constituted not only to deal with the cases of PC Act but also othercases relating to theNRHM scam. Procedure of Code of Criminal Procedure is applicable to trial before Special Judge and there is no prejudice to trial that is taking place before Spec...
0
5,656
133
### 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: fresh notification for the court occupied by him, his transfer order is under abeyance till his s...
Janki Nath Sarangi Vs. State of Orissa
of the Administrative Tribunal, Orissa, who gave his findings on 10 October, 1956 holding them proved. The member also recommended a punishment of dismissal against the appellant. The second show-cause notice against the punishment was given to the appellant who duly showed cause but it was not accepted. The order of d...
0[ds]There is no doubt that if the principles of natural instice are violated and there is a gross case, this Court would interfere by striking down the order of dismissal; but there are cases and cases. We have to look to what actual prejudice has been caused to a person by the supposed denial to him of a particular r...
0
1,344
410
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: of the Administrative Tribunal, Orissa, who gave his findings on 10 October, 1956 holding them proved. The...
Mehra Bros Vs. Joint Commercial Officer, Madras
been converted into seat covers, it becomes an auto-part or accessory. Accordingly it was held that it would be exigible to sales tax under Entry 3 of Schedule I of the Act. In S.M. Brothers v. Dy. Commissioner of Commercial Taxes case ( 1977 (39) STC 182 (AP)) the question therein also was whether car seat covers are ...
0[ds]Having given our anxious consideration, with respect, we are of the considered view that the test laid down by the Karnataka High Court that the accessories as a part must contribute for convenience or effectiveness in the use of the car as a whole is not a correct test. In our view the correct test would be wheth...
0
2,465
598
### 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: been converted into seat covers, it becomes an auto-part or accessory. Accordingly it was held that it would be exigible to...
Dy. Commercial Tax Officer Vs. Corromandal Pharmaceuticals
not be made the subject-matter of coercive action of similar quality and characteristic till the BIFR finally disposes of the reference made under Section 15 of the 1985 Act. The legislature has advisedly used an omnibus expression the like as it could not have conceived of all possible coercive measures that may be ta...
1[ds]13. The situation which has arisen in this case seems to be rather exceptional. The issue that has arisen in this appeal did not arise for consideration in the two cases decided by this Court in Gram Panchayat v. Shree Vallabh Glass Works Ltd. and Maharashtra Tubes Ltd. v. State Industrial & Investment Corpn. of M...
1
4,838
261
### 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: not be made the subject-matter of coercive action of similar quality and characteristic till the BIFR f...
THE STATE OF MANIPUR Vs. TAKHELMAYUM KHELENDRO MEITEI
Corporation Limited (MSPCL) and Manipur State Power Distribution Company Limited (MSPDCL). Manipur State Power Corporation Limited issued a notification inviting applications from eligible candidates for appointment to the post of Junior T echnical Assistants which according to the Respondents are equivalent the post o...
1[ds]The said decision of the Government cannot be said to be arbitrary under any circumstances. The policy decision of the Government of Manipur dated 19 th March, 2001 was bona fide and the Respondents cannot assert any right for appointment on the basis of the selections conducted in the year 1999.12. Even assuming ...
1
1,832
183
### 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: Corporation Limited (MSPCL) and Manipur State Power Distribution Company Limited (MSPDCL). Manipur State P...
Tika Ram & Sons Ltd. Etc Vs. The Commissioner Of Sales Tax U.P., Lucknow
that question. Also, in Gannon Dunkerley and Co. v. State of Madras, ILR (1955) Mad 832 = (AIR 1954 Mad 1130 ), the proceeding reached the High Court of Madras in a revision petition under Section 12-B of the Madras General Sales Tax Act, 1939 and the High Court entertained the plea of ultra vires and decided it in fav...
0[ds]4. It was argued by Mr. Chagla in the first place that Cl. (ii) of Explanation 11 to Section 2 (h) of the Act means that the goods should have been manufactured and produced in Uttar Pradesh for sale to the person who had contracted to buy them. In other words, there must be a contract for the sale before manufact...
0
5,344
1,264
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: that question. Also, in Gannon Dunkerley and Co. v. State of Madras, ILR (1955) Mad 832 = (AIR 1954 Mad 1130 ), t...
Asst.Commercial Taxes Officer Vs. M/S. Kansai Nerolac Paints Ltd
The Department challenged this order before the Rajasthan Tax Board, Ajmer Bench (for short `the Board), on different grounds.4. The appeal preferred by the Department came to be dismissed by the order of the Board dated 04.04.2005. The Board, while setting aside the order, expressed the view that prior to 22.03.2002 p...
1[ds]9. We have noticed that the High Court has not recorded its own reasoning for dismissing the revision petition in accordance with law. It would have certainly been more appropriate for the High Court to examine the matter at some length and deal with the arguments/grounds raised in the petition before it. Be that ...
1
1,439
435
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: The Department challenged this order before the Rajasthan Tax Board, Ajmer Bench (for short `the Board), on different groun...
Sebastian M. Hongray Vs. Union of India and Others
exchanged between the parties, a petition was moved in the Queens Bench Division, whereupon a summons was served upon the appellant to attend the Court to show cause why a writ of habeas corpus commanding him to produce the body of the said Harry Gossage should not be issued. The appellant filed several affidavits inte...
1[ds]We are not inclined to examine the question of privilege for the obvious reason that these reports are hardly helpful in any manner in the disposal of this petition, and further the three relevant documents, namely, the telex message sent by the Deputy Commissioner to Superintendent of Police, the report made by t...
1
9,140
231
### 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: exchanged between the parties, a petition was moved in the Queens Bench Division, whereupon a summons was served upon the ...