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Alkali Manufacturers Assn. of India and Ors Vs. Designated Authority, D.A.D.A.S. and Ors
India is a party. The purpose behind the imposition of the duty is to curb unfair trade practices resorted to by exporters of a particular country of flooding the domestic markets with goods at rates which are lower than the rate at which the exporters normally sell the same or like goods in their own countries so as t...
1[ds]19. It is pertinent to note that except M/s. Hanwha Chemical Corporation, the other exporters did not cooperate. However, it was the obligation of the complainant to establish that there was an injury to the domestic industry. For the said purpose, the endeavour was made to establish before the DA that it was a by...
1
6,946
393
### 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: India is a party. The purpose behind the imposition of the duty is to curb unfair trade practices resor...
Ayodhya Faizabad Development Authorityand Anr Vs. Ram Newaj and others
(hereinafter referred to as the Act 2013) , the Ayodhya Faizabad Development Authority and another has preferred the present appeal. 2. We have heard learned counsel for the respective parties at length. We have perused the impugned judgment and order passed by the High Court. 3. By the impugned judgment and order the ...
1[ds]However, in view of the subsequent decision of this Court in the case of Indore Development Authority versus Manoharlal and others, (2020) 8 SCC 129, the impugned judgment and order passed by the High Court is unsustainable. In paragraph 366 of the aforesaid judgment this Court has observed and held as under:366....
1
1,257
965
### 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: (hereinafter referred to as the Act 2013) , the Ayodhya Faizabad Development Authority and another has preferred t...
Chintpurni Medical College and Hospital and Ors Vs. Union of India (UOI) and Ors
1. The instant writ petition has been filed by the Petitioners-college challenging the ban imposed on it by Respondent No. 1-Union of India for admitting the students for two academic years i.e. 2017-18 and 2018-19. This ban was imposed in pursuance of a direction from the Oversight Committee that if deficiencies are f...
0[ds]It is not necessary to go into the details of the deficiencies in view of the following order we propose to pass:We find that the Petitioner-college is admittedly and completely devoid of students. The students have already been shifted to some other medical colleges by the State Government. We find it difficult t...
0
207
122
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: 1. The instant writ petition has been filed by the Petitioners-college challenging the ban imposed on it b...
C. M. Vareekutty Vs. C. M. Mathukutty
A-10 and that the plaintiff was at liberty to raise the question of the validity of Ex. A-10 which was to be made an issue in the suit itself. The order of stay granted by the trial Court was, therefore, set aside and the suit was directed to be disposed of with the maximum expedition at any rate up to the point of the...
0[ds]3. Having heard both the learned counsel we do not think that we will be justified in interfering with the order of the High Court. As pointed out by the High Court the defendant had not filed any written statement claiming that a decree should be passed in terms of Ex. A10, no issues had been framed and there was...
0
1,398
372
### 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: A-10 and that the plaintiff was at liberty to raise the question of the validity of Ex. A-10 which was to be made ...
State Of Assam Vs. Jilkadar Ali
= (AIR 1966 SC 1614 ) this Court interpreted Article 7 and held that the word migrated was capable of two meanings. In its narrower connotation it meant going from one place to another with the intention of residing permanently in the latter place; in its wider connotation it simply meant going from one place to anothe...
1[ds]11. The decision in State v. Ibrahim Nabiji, AIR 1959 Bom 526 referred to by counsel also does not assist as it did not have to deal with the point arising in the present appeal that is with regard to a person who, notwithstanding Article 5, is to be deemed not to be a citizen under Article 7, and therefore, a for...
1
2,316
326
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: = (AIR 1966 SC 1614 ) this Court interpreted Article 7 and held that the word migrated was capable of two ...
Lt. Col. Nitisha & Ors Vs. Union of India & Ors
pensionable service. (d) As a one-time measure, the benefit of continuing in service until the attainment of pensionable service shall also apply to all the existing SSC officers with more than fourteen years of service who are not appointed on PC. (emphasis supplied) Directions (e), (f) and (g) are not material at thi...
0[ds]45. Indirect discrimination is closely tied to the substantive conception of equality outlined above. The doctrine of substantive equality and anti- stereotyping has been a critical evolution of the Indian constitutional jurisprudence on Article 14 and 15(1). The spirit of these tenets have been endorsed in a cons...
0
33,903
11,434
### 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: pensionable service. (d) As a one-time measure, the benefit of continuing in service until the attainment of pensionable ...
Commissioner of Customs, Mumbai Vs. M/s. Aban Loyd Chiles Offshore Ltd. & Others
Bombay High Court in Pride Foramer (supra) was upheld. In this case the rig was operational and used outside the territorial waters limits, but in the designated areas of the continental self and exclusive economic zones, which have been declared by the notification to be a part of the territory of India for limited pu...
0[ds]Goods for the purpose of the Act includes vessels, aircrafts and vehicles as defined in sub-section (22) to Section 2, yet the distinction has to be recognized between a vessel or an aircraft as a mere good and when the vessel or an aircraft comes to India as a conveyance carrying imported goods. When a vessel or ...
0
8,548
2,837
### 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: Bombay High Court in Pride Foramer (supra) was upheld. In this case the rig was operational and u...
Technip Sa Vs. Sms Holding (Pvt.) Ltd.
directed the publication of an offer to SEAMECs taking that as the effective date.75. In reversing this judgment, SAT held that ISIS and Technip had acted in concert to gain control over Coflexip in April, 2000. We are of the opinion that the approach of the SAT was entirely wrong. For the purposes of determining Techn...
1[ds]12. Admittedly both Coflexip and Technip were incorporated according to and under the laws of France. They are therefore domiciled in France. Normally, we would resolve any issue relating to their internal affairs by applying the law of their domicil, in this case FrenchBut then it came to the conclusion that even...
1
11,518
6,482
### 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: directed the publication of an offer to SEAMECs taking that as the effective date.75. In reversing this judg...
Lakshmi Narain Agarwal Vs. State Transport Authority, U.P. & Anr
any person without giving him a reasonable opportunity of being heard."5. It would be noticed that sub-sec (3) of Section 47 does not expressly say whether any representations can be made by persons already providing transport facilities or by associations representing persons interested in the provision of the transpo...
0[ds]We are unable to accept this line of reasoning as being sound. Even under Section 47 (1), the Regional Transport Authority can only have regard to the matters mentioned in sub-clauses (a) to (f), and those matters may be brought to the notice of the Regional Transport Authority by representations. It could not hav...
0
2,166
646
### 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: any person without giving him a reasonable opportunity of being heard."5. It would be noticed that sub-sec...
State of M.P. and Anr Vs. Bharat Singh
At p. 188, Dicey points out:"In almost every continental community the executive exercises far wider discretionary authority in the matter of arrest of temporary imprisonment of expulsion from its territory, and the like than is either legally claimed or in fact exerted by the Government in England: and a study of Euro...
0[ds]By Cl. (ii) of the order the respondent was required to reside within the municipal limits of Jhabua town after proceeding to that place on receipt of the order. Under Cl. (b) of S. 3 (1) the State is authorised to order a person to reside in the place where he is ordinarily residing and also to require him to go ...
0
3,587
1,292
### 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: At p. 188, Dicey points out:"In almost every continental community the executive exercises far wider discretionary author...
Commissioner of Central Excise Vs. M/s. Tubes & Structurals & Another
goods. Armed with the aforesaid authorisation the respondent has been receiving orders from various parties to manufacture and supply it to them the Steel Cog Stools with the patent design for which authorisation is given by TISCO Ltd.5. The respondent did not pay any excise duty on the premise that it was entitled to ...
1[ds]9. It becomes clear from the reading of the aforesaid paras that amendment in para 4 in the manner mentioned above was brought to deny the benefit of Notification to those SSI units which have been making use of branded good for another person irrespective of whether the brand name owner himself is SSI unit or not...
1
1,645
609
### 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: goods. Armed with the aforesaid authorisation the respondent has been receiving orders from various p...
SESH NATH SINGH & ANR Vs. BAIDYABATI SHEORAPHULI CO-OPERATIVE BANK LTD AND ANR
of section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this Act and the rules made thereunder. (3) If, the Debts Recovery Tribunal, after examining the facts and circumstances of the case and evidence produced by the parties, comes to the conclusion that any of ...
0[ds]38. A financial creditor may either by itself or jointly with other financial creditors, as may be notified by the Government, file an application for initiation of the corporate insolvency resolution process against a corporate debtor before the Adjudicating Authority, when a default has occurred. The trigger poi...
0
15,170
6,802
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: of section 13 taken by the secured creditor for enforcement of security are in accordance with the provisions of this Act...
UTTAR HARYANA BIJLI VITRAN NIGAM LTD. AND ANOTHER Vs. ADANI POWER (MUNDRA) LIMITED AND ANOTHER
in law or in the contract entered into between the two parties, there is no reason why the Coalfields should not be compensated by payment of interest for the period for which the consumers/purchasers did not pay the amount of enhanced royalty which is a constituent part of the price of the mineral for the period for w...
0[ds]12. We have heard the arguments advanced by the counsel for the parties and perused the relevant provisions of the PPAs. As noted above, the appellants have not raised any dispute with regard to grant of interest to the respondent No. 1 – Adani Power by way of carrying cost from the date on which the Change in Law...
0
5,008
928
### 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: in law or in the contract entered into between the two parties, there is no reason why the Coalfields should...
THE DESIGNATED AUTHORITY & ORS Vs. M/S THE ANDHRA PETROCHEMICALS LIMITED
take effect from the date of its publication in the Official Gazette. (2) Notwithstanding anything contained in sub-rule (1) - (a) where a provisional duty has been levied and where the designated authority has recorded a final finding of injury or where the designated authority has recorded a final finding of threat o...
1[ds]25. This court, in S&S Enterprise vs. Designated Authority, (2005) 3 SCC 337 observed that the purpose behind the imposition of the duty is to curb unfair trade practices resorted to by exporters of a particular country of flooding the domestic markets with goods at rates which are lower than the rate at which the...
1
6,341
1,286
### 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: take effect from the date of its publication in the Official Gazette. (2) Notwithstanding anything contained in sub-rule ...
Shree Changdeo Sugar Mills Vs. U O I
the term "basic wages" as given in Section 2(b) of the Employees Provident Funds Act and submitted that the basic wage only included emoluments which were earned by an employee while on duty. He submitted that therefore ad hoc payment made under a Settlement would not be a basic pay. He further submitted that as the wo...
0[ds]11. We are unable to accept the submissions. Undoubtedly contribution towards Provident Fund can only be on a basic wage. However, it is not at all necessary that the workman must actually be on duty or that the workman should actually have worked in order to attract the provisions of the Employees Provident Funds...
0
1,785
268
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the term "basic wages" as given in Section 2(b) of the Employees Provident Funds Act and submitted that the basic wage only ...
Haji Mohammed Ishaq Md. Sk. Mohammed & 3 Others Vs. Mohamed Iqbal & Mohamed Ali & Ors
of the plaintiff is that it had supplied 630 bags of tobacco to the defendants; received only a part of its price and the balance of about Rs. 90, 000/- remained due. It is true that no express contract, as understood in law, was pleaded in the plaint. But what was clearly pleaded was supply of goods by the plaintiff o...
0[ds]The learned Judge of the High Court who delivered the leading judgment in the appeal is not quite correct in saying that the plaint averments do not show bow the contract between the plaintiff and the defendants was formed; whether there was any express contract or an implied contract to be inferred from the condu...
0
2,975
1,235
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: of the plaintiff is that it had supplied 630 bags of tobacco to the defendants; received only a part of its...
The Associated Cement Companies Limited,Chaibassa Cement Vs. Their Workmen
have dealt with the case irrespective of and apart from reported decisions, because there is no decision which really covers the point in controversy before us. Learned counsel for the appellant has referred to the decisions in Hoyle v. Oram (1862) 12 CB (NS) 124 : 142 ER 1090 and Coles v. Dicknson, (1864) 16 CB (NS) 6...
1[ds]We do not think that this contention is correct and we shall presently deal with it. We propose, however, to examine first the relation between the limestone quarry at Rajanka and the cement factory at Jhinkpani in the light of the evidence given before the Tribunal and the findings arrived at by it; because they ...
1
8,418
2,622
### 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: have dealt with the case irrespective of and apart from reported decisions, because there is no d...
AGGARWAL ASSOCIATES (PROMOTERS) LIMITED Vs. DELHI DEVELOPMENT AUTHORITY
us if you have got any objection in the matter so that necessary steps are taken in this matter. 6. As the dispute continued between the parties without any solution in sight, the appellant filed Writ Petition No. 2388 of 1994. It was alleged in the petition that MCD, Respondent 2, was claiming title to the plot which ...
0[ds]10. We agree with the view taken by the High Court. Before complying with the terms and conditions provided in the auction-notice the appellant tried to take possession of the property by putting up his board at the site. The appellant could claim possession of the property only after collecting the allotment-cum-...
0
2,411
540
### 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: us if you have got any objection in the matter so that necessary steps are taken in this matter. 6. As the di...
Richardson & Cruddas (1972) Limited & Others Vs. Association of Engineering Workers & Another
quantum of punishment observed thus :-"taking into account this fact wherein the Tribunal has to exercise the power and for misconduct of simple nature the punishment is definitely disproportionate. Therefore, I will have to set aside the extreme punishment of dismissal of the workman and also taking into account the p...
0[ds]We find that the Labour Court had been judicious in its approach in the matter of quantum of punishment to be imposed in the present case on theLabour Court has found that the charge levied by the management stood proved and the employee has also admitted the guilt. The inquiry was held to be fair. However, the La...
0
1,737
376
### 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: quantum of punishment observed thus :-"taking into account this fact wherein the Tribunal has to exercise ...
Commissioner of Income Tax, Bihar & Orissa Vs. Lakshmi Kant Jha and Ors
3 as. share. The Maharajadhiraja supplied all the funds and the accounts of the Maharajadhiraja showed advances aggregating to Rs. 32, 00, 000 as underRsAugust 31, 1921 To Kunwar Ganesh Singh for starting a Guddee for ready and forward transactions in various goods, import of goods and dealings in shares 2, 50, 000 Sep...
0[ds]Strangely enough, even af ter coming to that conclusion, the High Court certified this case to be a fit case for appeal to this court, under section 66A(2) of theAct, 1922. The High Court did not give any reasons in support of the certificate granted by it. In the ordinary course we would have revoked that certifi...
0
1,649
146
### 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: 3 as. share. The Maharajadhiraja supplied all the funds and the accounts of the Maharajadhiraja showed advan...
ASHOK KUMAR Vs. DEPINDER SINGH DHESI
result of test or till 31.07.2018 whichever was later. The benefit of retaining the advantages was thus extended only till the first attempt. Those who could not clear the examination in first attempt or chose not to appear in the examination conducted in May/June, 2018 were not entitled to the concessions extended by ...
0[ds]8. In spite of the conclusion that (a) courses leading to Degrees in Engineering could not be taught through Distance Education Mode without there being express guidelines issued by AICTEpermitting such mode; and (b) the deemed to be Universities in question were not entitled to start courses in Engineering throug...
0
3,739
1,540
### 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: result of test or till 31.07.2018 whichever was later. The benefit of retaining the advantages was th...
ESTATE OFFR.HARYANA URBAN DEV.AUTH Vs. GOPI CHAND ATREJA
Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and orders dated 23.01.2008 and 05.05.2008 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A. No.4110 of 2007 and R.A.C. No.23¬C of 2008 in R.S.A. No.4110 of 2007 respectively whereby the High Court dismissed the second ap...
0[ds]13. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in these appeals.14. In our view, the delay of 1942 days in filing the second appeal in the High Court was rightly not condoned by the High Court for the reasons mentioned below.15. First, the delay was ...
0
890
397
### 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: Abhay Manohar Sapre, J.1. These appeals are directed against the final judgment and orders dated 23.01.2008 and 05.05.200...
Chandra Bhan and Ors Vs. Ghaziabad Dev. Authority and Ors
the Official Gazette and two daily newspapers having circulation in the locality. of these, one paper has to be in the regional language. A duty is also cast on the Collector, as defined in Section 3(c), to cause public notice of the substance of such notification to be given at convenient places in the locality. The l...
1[ds]In our opinion, this contention is without any substance for several reasons. In Ajit Singh and Ors. v. State of Punjab and Ors. (1994) 4 SCC 67 it was held that since the Appellants therein had filed an application for reference under Section 18 of the Act, it manifested their intention. Consequently, the protes...
1
3,061
1,824
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the Official Gazette and two daily newspapers having circulation in the locality. of these, one paper has to be in...
Ameteep Machine Tools Vs. Labour Court Haryana & Another
was not a signatory to the settlement and that he would settle his dispute himself with the management. The State Government referred the dispute in regard to the termination of Sadhu Singhs service service for adjudication to the Labour Court, Rohtak. While the management took its stand on the facts found in the domes...
1[ds]The workmen are entitled by virtue of sub-section(1) to be represented in a proceeding under the Act by a member of the executive or other office-bearer of a registered trade union is affiliated, and where the workman is not a member of any trade union, he can be represented by a member of the executive or other o...
1
1,662
568
### 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: was not a signatory to the settlement and that he would settle his dispute himself with the management. The S...
Maharashtra Rajya Mathadi Transport And Central Kamgar Union Vs. State Of Maharashtra And Ors
registration as an employer, etc. The necessary particulars are given below1. Name and address of the Establishment and Telephone No2. Whether a firm or a company Name of the proprietor. (1)(2)(1)(2)3. Are you a member of any Association of employer ? If so, state the name of the Association4. Whether your Establishmen...
1[ds]17. Form the above, it follows, that where a Hundekari has an establishment over which he has ultimate control or has an establishment the affairs of which are entrusted to him and he engages mathadi workers either on hire or otherwise for carrying on the work of such establishment, such Hundekari could be regarde...
1
3,992
1,111
### 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: registration as an employer, etc. The necessary particulars are given below1. Name and address of the Establishment and Tele...
NAGPUR IMPROVEMENT TRUST Vs. M/S. BOMBAYWALA
noted that, on one hand, the High Court has specifically observed in paragraph 86 that the High Court has not set aside and it is also not necessary for theHigh Court to set aside the layout plan and the building permit granted by the NIT, the observations made by the High Court in paragraph 89(2) would tantamount to v...
1[ds]11.8 Section 43 of the MRTP Act provides for restrictions on development of the land after the date on which the declaration of intention to prepare the Development Plan for any area is published in the official gazette except as provided under proviso to Section 43 of the Act.Section 46 ofthe MRTP Actprovides tha...
1
9,701
2,321
### 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: noted that, on one hand, the High Court has specifically observed in paragraph 86 that the High Court h...
Union Of India Vs. Ashok Kumar Aggarwal
the Tribunal. (Emphasis added) 34. The aforesaid facts make it crystal clear that it is a clear cut case of legal malice. The aspect of the legal malice was considered by this Court in Kalabharati Advertising v. Hemant Vimalnath Narichania & Ors., AIR 2010 SC 3745 , observing: 25. The State is under obligation to act f...
0[ds]Subsequent thereto, the SRC considered the case and the competent authority passed the order of continuation of suspension order on 12.1.2012. The said order made it clear that it would not be feasible for the competent authority to pass a reasoned and speaking order as required in terms of the Office Memorandum d...
0
8,386
203
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the Tribunal. (Emphasis added) 34. The aforesaid facts make it crystal clear that it is a clear cut case of legal malice. ...
Commissioner of Sales Tax, Indore Vs. Mohammad Hussain Rahim Bux
of the First schedule. In some of the Articles, however, in spite of the aforesaid definition of a State given in Article 264 for the purposes of Part XII Part C States were expressly mentioned For instance Article 268 which relates to duties levied by the Union but collected and appropriated by the States provides int...
0[ds]It may be mentioned that the High Court had agreed with the tribunal that the said Article was applicable. If that view is affirmed it is not disputed that both the appeals will have to beneed not, in this case, state the views which were expressed in that special reference. Parliament, however, after the opinions...
0
2,683
783
### 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: of the First schedule. In some of the Articles, however, in spite of the aforesaid definition of a State given in Article 2...
RAVI SETIA Vs. MADAN LAL
the defendant did not preclude the plaintiff from depositing the amount in proof of his readiness and willingness. Readiness has been interpreted as capacity for discharge of obligations with regard to payment. The High Court has rightly observed that there was no stay by the Appellate Court of the decree under appeal ...
0[ds]5. We have considered the submissions on behalf of the parties and have also been taken through the orders under appeal. Defendants nos. 1 to 3 owned 61 karnals 17 marlas of lands in Village Gumjal, Tehsil Abohar, District Ferozpur. Defendant no.3 having refused to sign the agreement for sale dated 10.11.1989, the...
0
2,688
1,253
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the defendant did not preclude the plaintiff from depositing the amount in proof of his readiness and willing...
Commissioner Of Income-Tax, New Delhi Vs. Anant Rao B. Kamat
tax payable. Para 6-A of the Concession Order-Income, profits and gains chargeable to tax in the assessment year 1952-53, 1953-54 and 1954-55. The income, profits and gains of any previous year which is a previous year for the assessment for the year ending on the 31st day of March, 1953, 1954 and 1955, shall be charge...
0[ds]4. The scheme underlying S. 16(2) and S. 18(5) seems to be this. Under S. 16(2) the dividends are grossed up and under S. 18(5) any sum by which a dividend is increased under S. 16(2) is treated as payment of income-tax on behalf of the share-holder. In this setting, let us examine what is the true construction of...
0
2,967
656
### 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: tax payable. Para 6-A of the Concession Order-Income, profits and gains chargeable to tax in the ...
State of Bihar and Another Etc Vs. Khas Karanpura Collieries Limited Etc
from a close scrutiny of section 30A (supra) of the 1957 Act, the provisions whereof may usefully be recalled at this stage. Before examining, however, . section 30A, it would be profitable to advert to section 9 (supra) of the Act. This section, it would be seen consists of three parts. Sub-section (1) casts a liabili...
0[ds]We, therefore, find ourselves in complete agreement with the High Court that the claim for royalty for the period prior to June 1, 1958, is wholly unfounded and cannot be supported.So far as the demand for royalty for the period beginning with June 1, 1958 and ending with December 31, 1965 is concerned, we are of ...
0
7,096
1,192
### 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: from a close scrutiny of section 30A (supra) of the 1957 Act, the provisions whereof may usefully be recalled at this stage...
Amrit Lal Goverdhan Lalan Vs. State Bank Of Travancore & Ors
convection it is necessary to consider the provisions of Section 140 of the Indian Contract Act, 1872 which states:"Where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, the surety upon payment or performance of all that he is liable for is invested wit...
1[ds]In our opinion, there is no warrant for the argument of the appellant. It is manifest that the act of giving time to the borrowers to make up the quantity of the goods found to be short on weighment by the Bank cannot be considered to be a "promise to give time" to the borrowers as contemplated by Sec. 135 of the ...
1
4,199
934
### 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: convection it is necessary to consider the provisions of Section 140 of the Indian Contract Act, 1872 which states:"Where a ...
K.Venkataramiah Vs. A. Seetharama Reddy & Ors
these documents. We also directed the Tribunal to record the evidence adduced in proof of these two registers and submit the same to the High Court for consideration in the above appeal. The Tribunal accordingly recalled R.W. 8, the Head Master, Government Muslim High School, Kurnool, and also examined R.W. 10, the Hea...
0[ds]8. The High Court also came to the same conclusion on this issue as regards Seetharam Reddys age. In coming to this conclusion it has relied not only on the vakalatnama Ex. R-3 mentioned above but also on four other documents. viz, Exs. R-5 and R-6, which the Tribunal rejected as unreliable and Exs. R-19 and R-20 ...
0
3,850
790
### 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: these documents. We also directed the Tribunal to record the evidence adduced in proof of these two registers and submit ...
New India Assurance Co. Ltd Vs. Union Of India
transit during its transshipment from a broad gauge wagon to a meter gauge wagon. Open delivery of the consignment was given by the railway an 31.8.1977 and a certificate of damage to this effect was issued by the railway administration. The damage caused to the consignment was also surveyed and the surveyor gave his r...
1[ds]7. We have no doubt that the judgment of the High Court is erroneous. Irrespective of the general rule relating to the consignor s right to sue the railway administration for recovery of damages where the railway receipt names the consignee also, in the facts of the present case the plea of the railway administrat...
1
1,421
247
### 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: transit during its transshipment from a broad gauge wagon to a meter gauge wagon. Open delivery of the con...
Snowtex Investment Limited Vs. Principal Commissioner of Income Tax, Central-2, Kolkata
undue hardship to the Assessee, had taken the view that Section 43-B would not be attracted unless the sum payable by the assessee by way of tax, duty, cess or fee was payable in the same accounting year. If the tax was payable in the next accounting year, Section 43-B would not be attracted. This was done in order to ...
0[ds]19. At this stage, we will deal with the first submission which is that the Explanation to Section 73, as it stood prior to the amendment, excluded from the deeming definition of a speculation business, a situation where the principal business of a company was granting of loans and advances20. In the present case,...
0
4,947
1,018
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: undue hardship to the Assessee, had taken the view that Section 43-B would not be attracted unles...
SAGUFA AHMED & ORS Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD & ORS
to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e...
0[ds]13. Therefore, it is true, as contended by the appellants, that the period of limitation of 45 days prescribed in Section 421(3) would start running only from the date on which a copy of the order of the Tribunal is made available to the person aggrieved. It is also true that under Section 420(3) of the Act read w...
0
2,600
1,505
### 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 come physically to file such proceedings in respective Courts/Tribunals across the country inc...
State of Uttar Pradesh Vs. Yashrat N. Bhatt
BHARGAVA J. 1. This appeal brought up by special leave arises out of proceedings for assessment of agricultural income-tax under the U.P. Agricultural Income-tax Act, 1948 (U. P. Act No. III of 1949) (hereinafter referred to as " the Act "). The respondent was an agriculturist in the district of Agra, and was assessed ...
0[ds]3. It is to be noticed that under this provision contained in the Act itself, there is no limitation that the expenses must be proved to be amounts of money actually paid for any specified operations. What this provision contemplates is that the assessing authority must determine the expenses incurred in raising t...
0
1,003
319
### 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: BHARGAVA J. 1. This appeal brought up by special leave arises out of proceedings for assessment of agricultu...
Hindustan Petroleum Corporation Ltd. & Anr Vs. Shyam Co Operative Housing Society & Ors
1980 written by respondent 2, Smt. Nanki M. Malkani which is to the effectI had given the above flat to the then Esso Standard Inc. in December 1968 on leave licence basis. You as a successor-in-title of that company have been occupying the flat as licensee on the same terms and conditions. As you and your predecessor-...
1[ds]the findings of the appellate court are clearly erroneous. On the other hand, it stands proved that Esso Eastern Inc. had acquired the status of deemed tenant or protected license under Sectionof the Bombay Rent Act as on February 1, 1973. The findings of the appellate court to the contrary are therefore clearly e...
1
5,196
674
### 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: 1980 written by respondent 2, Smt. Nanki M. Malkani which is to the effectI had given the above flat to the then Esso Sta...
Maganlal Chhotalal Desai Vs. Chandrakant Motilal
is regulated by Section 20. That section reads:"Any amount paid on account of rent after the date o the coming into operation of this Act shall, except in so far as payment thereof is in accordance with the provisions of this Act, be recoverable by the tenant from the landlord to whom it was paid or on whose behalf it ...
0[ds]According to the defendant he was compelled to pay Rs. 15,224/2 between March 14, 1950 and August 4, 1954. The courts below found that between those two dates he paid Rupees 14,169/2/- on account of rent from October 1, 1948 at Rs. 300 per month. From the plaint in Suit No. 34 of 1957 it appears that until March 1...
0
2,583
584
### 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: is regulated by Section 20. That section reads:"Any amount paid on account of rent after the date o the coming into opera...
Mansuklal Keshavjibhai Patel Vs. United India Insurance Co. Ltd. & Others
1. This appeal is directed against the judgment of the learned Single Judge of the Gujarat High Court whereby he allowed the appeal filed by respondent No. 1 under Section 173 of the Motor Vehicles Act, 1988 (for short, the Act), set aside award dated 24.10.1997 passed by Motor Accident Claims Tribunal (Main), Nadiad (...
1[ds]7. We have considered the submissions of the learned Counsel for the parties and are convinced that the learned Single Judge committed serious error by not specifying the person from whom respondent No.1 may recover the amount paid to the appellant. It is not in dispute that respondent No. 3 had not questioned the...
1
807
139
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: 1. This appeal is directed against the judgment of the learned Single Judge of the Gujarat High Court wher...
Ramlal Onkarmal Firm Vs. Mohanlal Jogani Rice And Atta Mills
Office at Calcutta in payment of the cheque for Rs. 9,461-4-0 drawn on the Tripura Modern Bank, Sibsagar which the appellants had endorsed in favour of the respondents in satisfaction of the amount due upon that cheque and that, therefore, the subsequent dishonour of the draft would not revive the appellants liability ...
1[ds]6. The High Court was in error in holding that the failure to obtain payment of the draft was not due to the laches of the respondents collecting agents. In one part of the judgment, the High Court wrongly assumed contrary to fact, that the Tripura Modern Bank had stopped business on September 16, 1948 and, theref...
1
2,961
669
### 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: Office at Calcutta in payment of the cheque for Rs. 9,461-4-0 drawn on the Tripura Modern Bank, Sibsagar whi...
M/S. I.D.L. Chemical Ltd Vs. State Of Orissa
the seller, would not change the nature of the sale. It was further observed that if movement of goods delivered to the buyer was occasioned by the contract of sale, the mere fact that the actual sales pursuant to the contract were effected subsequently is immaterial. Their Lordships observed as follows: "If there is a...
0[ds]It is not necessary to go into all these facts as we have already held above on factual aspect that the goods which were triggered from Rourkela and sold to the subsidiaries of the CIL through the appellants consignment agents were essentially meant to be sold to the subsidiaries of the CIL and the goods primarily...
0
4,647
146
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the seller, would not change the nature of the sale. It was further observed that if movement of goods delivered ...
Ishikawajma-Harima Heavy Industries Ltd Vs. Director Of Income Tax, Mumbai
Section 9(1)(vii) of the Act whereupon reliance has been placed by the learned Additional Solicitor General, must be read with Section 5 thereof, which takes within its purview the territorial nexus on the basis whereof tax is required to be levied, namely, : (a) resident; and (b) receipt or accrual of income. Global i...
1[ds]The test of residence, as applied in international law also, is that of the taxpayer and not that of the recipient of such servicesFor Section 9(1)(vii) to be applicable, it is necessary that the services not only be utilized within India, but also be rendered in India or have such a "live link" with India that th...
1
14,832
326
### 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: Section 9(1)(vii) of the Act whereupon reliance has been placed by the learned Additional Solicit...
Messrs Kodar & Others Vs. State of Kerala & Others
buyer, and provisions authorising and regulating the collection of sales tax by the seller from the purchaser are a usual feature of sales tax legislation, it is not an essential characteristic, of a sales tax that the seller must have the right to pass it on to the consumer, nor is the power of the legislature to impo...
0[ds]9. As regards the contention that the Statehas no power to pass the measure, we are of the view that additional tax is really a tax on the sale of goods. The object of the Act, as is clear from its provisions, is to increase the tax on the sale or purchase of goods imposed by Tamil Nadu General Sales Tax Act, 1959...
0
2,454
1,358
### 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: buyer, and provisions authorising and regulating the collection of sales tax by the seller from t...
Uma Shankar & Others Vs. R. Hanumaiah Since Deceased Through His Lrs. & Others
the land in terms of the decision rendered by the High Court in the impugned judgment i.e. Writ Appeal No.727 of 1989. Since we are setting aside the impugned judgment, the BDA as per directions issued by the Chief Minister cannot re-convey the land to the respondent in terms of the decision rendered by the High Court ...
1[ds]We are of the considered opinion that it was total misadventure and rather contempt of this Court was committed by the State Government while issuing notification dated 14.10.2009 ofof land in favour of R. Hanumaiah. It was not permissible exercise in view of thedictum binding on all the parties. Even the conduct ...
1
2,579
193
### 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 land in terms of the decision rendered by the High Court in the impugned judgment i.e. Writ Appeal ...
M/S EMBASSY PROPERTY DEVELOPMENTS PVT. LTD Vs. THE STATE OF KARNATAKA
Section 18 speaks about the duties of the interim resolution professional and Section 25 speaks about the duties of resolution professional. These two provisions use the word assets, while Section 20(1) uses the word property together with the word value. Sections 18 and 25 do not use the expression property. Another i...
1[ds]12. For finding an answer to the question on hand, the scope of the jurisdiction and the nature of the powers exercised by – (i) the High Court under Article 226 of the Constitution and (ii) the NCLT and NCLAT under the provisions of IBC, 2016 are to be seen24. Therefore in so far as the question of exercise of th...
1
10,500
1,687
### 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: Section 18 speaks about the duties of the interim resolution professional and Section 25 speaks a...
Vinod Vs. Collector and Chairman, District Selection Committee, Chandrapur and Ors
Kurian Joseph, J.1. Leave granted.2. In the nature of order we propose to pass, it is not necessary to issue notice to the Respondents since the interest of the Respondents is not otherwise affected.3. The Appellant has been non-suited by the High Court on the ground that the second writ petition filed is not maintaina...
1[ds]2. In the nature of order we propose to pass, it is not necessary to issue notice to the Respondents since the interest of the Respondents is not otherwise affected3. The Appellant has been non-suited by the High Court on the ground that the second writ petition filed is not maintainable, having withdrawn earlier ...
1
239
135
### 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: Kurian Joseph, J.1. Leave granted.2. In the nature of order we propose to pass, it is not necessary to issue notic...
Malwa Shaw Vs. The State of West Bengal
cut down and stole away 85 kgs. of copper wire from electric posts Nos. F/11 to F/13 on Ghoshpara Road, Bhatpara, near Rupasree Cinema Hall, P. S. Jagatdal causing disruption to the maintenance of supply of power and light which are essential to the community. Subsequently, you along with your associates were caught re...
0[ds]2. Though at the commencement of the argument three contentions were formulated by the learned Counsel appearing on behalf of the petitioner against the validity of the order of detention, two were given up when it became evident in the course of the discussion that they were wholly unfounded and ultimately only o...
0
1,427
840
### 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: cut down and stole away 85 kgs. of copper wire from electric posts Nos. F/11 to F/13 on Ghoshpara Road, Bhatpara, near Ru...
Larsen and Toubro Limited Vs. Maharashtra state Electricity Board and others
successful completion of trial operation or within the extended period as can be mutually agreed. In case the performance test cannot be conducted within a period of 75 days after successful completion of trial operation due to reasons solely attributable to owner, the time frame and method of conductance of the same s...
1[ds]8. Having heard Counsel and on perusing the relevant records, we are of the view that the order of the Court below regarding Item No.3Partial release of retention money in the sum of Rs.2,72,39,850/9. The Guarantee given on this count by the Standard Chartered Bank for sum of Rs.5,50,30,000 is contained in paper b...
1
3,442
1,265
### 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: successful completion of trial operation or within the extended period as can be mutually agreed. In case the performance t...
Union Of India, Vs. Motilal Padampat Sugar Mills Co. (P) Ltd
Singh, (1906) 34. Ind App 27 (PC)."9. In view of this decision we must overrule the contention, of the learned counsel on this point because the Tribunal has found that the Railway was ready with the required evidence and no prejudice had been caused to it.10. Section 41(1)(c) of the Indian Railways Act, 1890, reads. a...
0[ds]9. In view of this decision we must overrule the contention, of the learned counsel on this point because the Tribunal has found that the Railway was ready with the required evidence and no prejudice had been caused to it.It is true that the argument sought to be raised now has not been dealt with before, but it s...
0
2,807
214
### 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: Singh, (1906) 34. Ind App 27 (PC)."9. In view of this decision we must overrule the contention, of th...
PR. COMMISSIONER OF INCOME TAX 6 Vs. NOKIA INDIA PVT. LTD
Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 21.04.2017 passed by the High Court of Delhi at New Delhi in ITA No.854 of 2016 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein.3. A few facts need mention hereinbel...
1[ds]10. Having heard the learned counsel for the parties and on perusal of the record of the case, we are of the view that the High Court was not justified in dismissing the appeal on the ground that the appeal did not involve any substantial question of law. We are, therefore, constrained to allow this appeal, set as...
1
817
145
### 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: Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order da...
THE DIRECTOR, DEPARTMENT OF ARCHAEOLOGY AND MUSEUMS, JAIPUR & ANR Vs. ASHISH GAUTAM & ORS
of Access Control and Security System; (vi) Improvement of Tourist Amenities; and (vii) Improvement of Street Furniture, Information Signage System. The estimated total expenditure of the above-proposed works is Rs.368 lacs. The Tourism Development Plan also includes details of projects and objectives, introduction, va...
1[ds]The details of the works done in the last five years have been mentioned. Plan objectives are specified in Part 5 of the Tourism Development Plan. The conditions of the site, factors affecting the property, project proposals, scope of works, and drawings are also mentioned in detail8. At present, the Monument is a...
1
2,309
403
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: of Access Control and Security System; (vi) Improvement of Tourist Amenities; and (vii) Improvement of Stree...
Khila Dhish & Others Vs. Mool Chand & Others
July, 1964 Gyanendra Kumar, J., allowed the appeal and remanded the matter to the Civil judge for decision according to law. It was held by Gyanendra Kumar, J., that the suit was within time.3. Article 89 of the Limitation Act, 1908 (Act No. 9 of 1908), was to the following effect :Description of suit Period of Time fr...
0[ds]We are unable to accept this argument as correct. The question as to when the agency terminates is a question of fact to be determined on the matters proved or admitted in a particular case. In the present case, Dharam Das made a statement before the Civil judge on 28th August, 1951 that he was willing to account ...
0
1,709
212
### 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: July, 1964 Gyanendra Kumar, J., allowed the appeal and remanded the matter to the Civil judge for decision ac...
Bibi Aisha & Ors Vs. Bihar Subai Sunni Majlis Avaqaf & Ors
is an ancient mosque known as the mosque of Mst. Bibi Mannu Khanam Jan. It is not disputed now that Mst. Bibi Mannu Khanam Jan established this mosque. There are shops, rooms, katra and other structures to the east, west and the south of the mosque. To the east of the mosque are the disputed holdings Nos. 27 and 28. On...
0[ds]4. The existence of the deed of waqf dated August 20, 1827 is proved by numerous admissions made by Gholam Bari and his predecessors-in-title. The existence of the deed was admitted in a petition filed by Bibi Zaibunnisa before the District Judge, Patna on January 13, 1928, in the return filed before the plaintiff...
0
1,370
357
### 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: is an ancient mosque known as the mosque of Mst. Bibi Mannu Khanam Jan. It is not disputed now that M...
Bharat Aluminium Company Vs. Kaiser Aluminium Technical Services Inc
not strain too much to interpret an agreement between two parties as in the case of a statutory interpretation. The approach in analysing the terms of agreement should be straight and plain but at the same time cohesive and logical. 10. In the matter of interpretation, the court has to make different approaches dependi...
0[ds]10. In the matter of interpretation, the court has to make different approaches depending upon the instrument falling for interpretation. Legislative drafting is made by experts and is subjected to scrutiny at different stages before it takes final shape of an Act, Rule or Regulation. There is another category of ...
0
2,505
1,041
### 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 strain too much to interpret an agreement between two parties as in the case of a statutory interpr...
Sardar Surjeet Singh Vs. Juguna Bai (Since Dead) & Others
shares of the parties like any supervening development. Since the legislation is beneficial and placed on the statute book with the avowed object of benefiting women which is a vulnerable section of the society in all its stratas, it is necessary to give a liberal effect to it. For this reason also, we cannot equate th...
1[ds]14. After hearing the learned counsel for the parties, we are of the opinion that the question whether preliminary decree can bedecision is distinguishable and cannot be said to be applicable in view of the factual matrix of the instant case where the right has been asserted, which came into existence before the p...
1
5,431
231
### 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: shares of the parties like any supervening development. Since the legislation is beneficial and placed on the stat...
Alek Mohammad Vs. State of West Bengal
Krishna Iyer, J. 1. We recorded a short order releasing the petitioner in this petition for habeas corpus, and we now proceed to give our reasons. 2. The petitioner was detained by the District Magistrate of Howrah by order dated August 8, 1972. The ground on which the District Magistrate was satisfied about the prejud...
1[ds]3.It is obvious that the District Magistrate has admitted to having been influenced by the course of activitiesas distinguished from a single act or episodeand by the notoriety of the petitioner as a stealer of railway materials and cable wire. This important and injurious information was not communicated to the p...
1
386
114
### 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: Krishna Iyer, J. 1. We recorded a short order releasing the petitioner in this petition for habeas corpus, a...
Railway Board, Government of India Vs. M/s. Observer Publications Private Limited
publication. It appears that the aforesaid clause has reference to a prohibition imposed by the Central Government under some enactment other than the Act.12. It is not claimed that the Railway Board could impose a ban under any other enactment. Nor has it been suggested that the Central Government had passed any order...
0[ds]High Court had found as a fact that publications which were freely on sale on the bookstalls to whom licences had been given were such that they were hardly distinguishable from the "Indian Observer" on the ground of obscenity. It was not disputed before the High Court that the news weekly in question had been sol...
0
3,381
1,283
### 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: publication. It appears that the aforesaid clause has reference to a prohibition imposed by the Central Government under s...
Musheer Khan @ Badshah Khan and Anr Vs. State of Madhya Pradesh
payment by A-1, A-2, A-3 and A-6 for killing the deceased. The acquittal of A-1, A-2, A-3 and A-6 which is upheld by this Court casts a serious doubt on the entire prosecution and its case against A-4 and A-5 suffers a serious set back. 58. Considering the aforesaid facts and also going by the test of appreciation of c...
1[ds]17. In view of the evidence discussed above it is absolutely natural for PW-4 to immediately talk with PW-3 to find out about the incident. But there is no evidence of that. PW-3 never whispered anything about the presence of PW-4 at the place of occurrence. On the other hand, evidence of PW-3 is that he with the ...
1
6,484
1,577
### 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: payment by A-1, A-2, A-3 and A-6 for killing the deceased. The acquittal of A-1, A-2, A-3 and A-6...
Dr. K. A. Dhairyawan And Others Vs. J. R. Thakur And Others
the subsistence of the lease the ownership of the building remained with the lessees. The lessees contracted to hand over the building without compensation at the end of the lease and in consideration for this the lessees were being demised the land at a small rental of Rs. 50 per month. We have examined the various cl...
1[ds]7. Normally, under S. 108 of the Transfer of Property Act, before the expiry of the lease, a lessee can remove all structures and buildings erected by him on the demised land. All that was necessary for him to do was to give back the land to the lessor, on the termination of the lease, in the same condition as he ...
1
4,267
755
### 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: the subsistence of the lease the ownership of the building remained with the lessees. The lessees contracted...
Union Of India Vs. Glaxo India Ltd.
the stay not been granted have been taken into consideration. The prices to which your company was entitled to are shown in column 5 of the statement and these prices have been worked out by the Expert Body, namely, Bureau (sic.) of Industrial Costs and prices based on the price of the bulk drug as upheld by the High C...
1[ds]32). In our view, a reading of the observations made by the Court, would indicate that it had reserved liberty to the Central Government either to affirm or review the prices of the bulk drugs fixed by order dated 20.11.1986 and to make consequent changes in the prices for drug formulations. The Central Govt., tak...
1
11,805
3,706
### 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: the stay not been granted have been taken into consideration. The prices to which your company wa...
Verigamto Naveen Vs. Government of Andhra Pradesh and ors
agencies. We may advert to three decisions of this Court in M/s Dwarkadas Marfatia & Sons v. Board of Trustees of the Port of Bombay, 1989(3) SCC 293; Mahabir Auto Stores & Ors. v. Indian Oil Corporation & Ors., 1990(3) SCC 752; and Srilekha Vidyarthi v. State of U.P., AIr 1991 SC 537 . Where the breach of contract inv...
1[ds]19. Under Section 4A of the Act the restriction to grant lease without permission of the Central Government is upon the State Government and not upon the Corporation to which the State Government had already granted lease. Hence, lease being void ab initio would not arise. The content to grant the sub0leases had b...
1
4,455
755
### 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: agencies. We may advert to three decisions of this Court in M/s Dwarkadas Marfatia & Sons v. Board of Trustees of the Port...
Jahar Roy (Dead Through L.Rs) And Anr Vs. Premji Bhimji Mansata And Anr
Court.17. Moreover, as has rightly been held in the impugned judgment of the Calcutta High Court, the two contesting defendants in this case became tenants on sufferance or trespassers on the termination of their licence. A co-owner could in the case of indivisible property, well have maintained a suit for the recovery...
0[ds]19. A reading of paragraph 1 shows that the defendants, as the licensees, were allowed to use the theatre and the equipment for a period of one year, for one evening show on each Thursday and each Saturday, and one matinee show, one evening show on each Sunday and other holidays, and also one whole night performan...
0
4,585
1,028
### 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: Court.17. Moreover, as has rightly been held in the impugned judgment of the Calcutta High Court, the two co...
C. Periaswami Goundan And Ors Vs. Sundaresa Iyer And Ors
the deity in 1939, the contributions were paid to the Hindu Religious Endowments Board on the basis that the entire interest in the lands belonged to the deity and that in other proceedings the archakas case was not that the grant to the deity was only of the melvaram but the lands were service inam lands. Though the a...
1[ds]The basis of this doctrine is clearly brought ought by two judgments of the Judicial Committee. Lord Buckmaster, delivering the judgment in Magniram Sitaram v. Kasturbhai Manibhai, 49 Ind App 54 : (AIR 1922 PC 163) observedthe lapse of 100 years, when every party to the original inaction has passed away, and it be...
1
7,007
1,956
### 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 deity in 1939, the contributions were paid to the Hindu Religious Endowments Board on the basis that t...
Commissioner of Income Tax Vs. Hindustan Electro Graphites Ltd
the taxable turnover, was under bona fide belief that the amount of freight did not form part of the sale price and was not includable in the taxable turnover. A return cannot be said to be "false" unless there is an element of deliberateness in it. It is possible that even where the incorrectness of the return is clai...
0[ds]11. Decision of the Calcutta High Court in Modern Fibotex India Ltd. and another, 212 ITR 496 squarely covers the issue involved in the present appeal. Then we have to see the law on the date of filing of the return. The attract penal provisions there has been same element of lack of bonafides unless the law speci...
0
3,193
533
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the taxable turnover, was under bona fide belief that the amount of freight did not form part of the sale pri...
Assessing Authority-Cum-Excise and Taxation Officer, Gurgaon Vs. Messrs East India Cotton Manufacturing Company Limited Faridabad
also important to note that the word use is followed by the words "by him" clearly indicating that the use of the goods purchased in the manufacture of goods for sale must be by the registered dealer himself but these words are significantly absent after the words "for sale", On a plain grammatical construction, these ...
0[ds]We will presently set out that section but before we do so, it is necessary to refer to some other provisions of the Central Act as well, for it is a well-settled rule of interpretation that no one section should be construed in isolation but that the statute should be read as a whole with each part throwing light...
0
4,782
2,640
### 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: also important to note that the word use is followed by the words "by him" clearly indicating that the use of the ...
Bharti AXA General Insurance Co. Ltd Vs. Priya Paul & Anr
such licence was held by the Pemberton Soaring Centre. We are inclined to disregard these records, as the investigation based on which such records were collected was commissioned by the insurer after the impugned decision of the National Commission dated 22.05.2017, and more so after Diligence had already submitted an...
0[ds]7. There is no dispute that the deceased was engaging in the activity of gliding, which is an aviation/aerial activity which would fall within the exclusion envisaged under Clauses 7(ix)(iii) and 7(xiv) of the Policy. The impugned judgment would be liable to be confirmed if we determine that the gliding activity i...
0
6,611
2,295
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: such licence was held by the Pemberton Soaring Centre. We are inclined to disregard these records...
Balli Petrochemicals Limited Vs. National Aluminum Company Ltd
30 days of receipt of the notice of the seller a panel of three names of persons. It will also be evident from the said arbitration clause that the contractor shall on receipt of the names, as referred, select any one of the persons named to be appointed as a sole Arbitrator and communicate his name to the appointing a...
1[ds]At this juncture, we may examine the arbitration clause which is enumerated in clause 16 of the tender, as noted herein before. From a plain reading of the arbitration clause, it is evident that for the purpose of appointing the sole Arbitrator, the Chief Managing Director of the respondent, i.e. NALCO who shall b...
1
1,893
1,131
### 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: 30 days of receipt of the notice of the seller a panel of three names of persons. It will also be evident from the said arb...
Durgi Devi & Ors Vs. State Of U.P
and (ii), comes to Rs. 77, 794/-. If this fig ure is divided by 2, the average annual income under clause (e) would come to Rs. 38, 897/-. The High Court rounded off and raised this figure to Rs. 40, 000/-. We do not want to disturb that approximation because the sale of a coupe of the forest for the year immediately f...
0[ds]The first is a mixed question of law and fact; while the last two turn on an interpretation of Sections 39 and 44 of the Act and the Rules framed thereunder. It will, therefore be appropriate to notice here the provisions material for our purposeWe find no merit in this contention. This is a concurrent finding of ...
0
5,872
2,698
### 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: and (ii), comes to Rs. 77, 794/-. If this fig ure is divided by 2, the average annual income under clau...
B. Krishna Bhat Vs. Union of India
SABYASACHI MUKHARJI, C.J. 1. This is a petition under Article 32 of the Constitution of India. The petitioner claims to be "a public spirited individual". He further claims to be a person aggrieved and seeks to assail the constitutional validity of the State of Karnataka and the Union of India not promoting, enforcing ...
0[ds]4. We are unable to entertain this writ petition under Article 32 of the Constitution. The petition of the petitioner is that the policy of prohibition is not being implemented as enjoined by Article 47 of the constitution. In our opinion, it is not entertainable. Article 47 of the Constitution, which is part of o...
0
929
485
### 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: SABYASACHI MUKHARJI, C.J. 1. This is a petition under Article 32 of the Constitution of India. The petitione...
Lokmanya Mills Barsi Ltd Vs. Barsi Borough Municipality
of the tax-payer to challenge the valuation illusory. An assessment list prepared under S. 78, before it is authenticated and finalised, must be published and the taxpayers must be given an opportunity to object to the valuation. By the assessment list in which the valuation is not based upon the capital value of the b...
1[ds]By S, 73, the Municipality is authorised subject to any general or special orders which the State Government may make in that behalf and to the provisions of Ss. 75 and 76, to impose for the purposes of the Act any one or more of the classes of taxes, amongst which are included a rate on buildings or lands or both...
1
2,495
324
### 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 tax-payer to challenge the valuation illusory. An assessment list prepared under S. 78, before it i...
The Berar Swadeshi Vanaspathi and Ors Vs. The Municipal Committee, Shegaon and Anr
scheme of the Act, Chapter IX of which relates to the imposition, assessment and collection of taxes. Section 66 enumerates the taxes which may be imposed and S. 67 prescribes the procedure for imposing taxes. Section 67 reads as under- Section 67:(1) "A committee may, at a special meeting, pass a resolution to propose...
0[ds]5. As stated above, there were two notifications issued by the Government both of October 27, 1956. One was published in the Gazette on October 30, 1956, and the other on the following day. The first notification was as follows4963-5869-M-XIII.-In exercise of the powers conferred by sections 71, 76 and 85 of the C...
0
1,681
545
### 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: scheme of the Act, Chapter IX of which relates to the imposition, assessment and collection of taxes. S...
The Commissioner Of Income-Tax, Madras Vs. A. Krishnaswami Mudaliar And Others
earn those receipts. In the second place the account of profit and loss to be made up for the purpose of ascertaining that difference must be framed consistently with the ordinary principles of commercial accounting, so far as applicable, and in conformity with the rules of Income-tax Act, or of that Act as modified by...
1[ds]15. In this case it is necessary to consider whether the method of accounting adopted of ignoring the value of the stock-in-trade may be regarded as regularly employed by the respondent firm, when it is first year of account. It is common ground that the method of accounting was not mercantile, but was wholly or p...
1
5,877
1,643
### 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: earn those receipts. In the second place the account of profit and loss to be made up for the purpose of ascertaining that d...
Indian Statistical Institute Vs. M/S Associated Builders And Ors
on the record is revoked no one can act for the appellant. It was represented on behalf of the appellant at the earliest opportunity that it had decided to change the Counsel and prayed for extension of time. The learned Judge ignored the plea of the appellant that from October 25, 1976 to January 21, 1977 the appellan...
0[ds]6. The reasons given by the High Court are unsound and totally unconvincing. We feel that the petition discloses sufficient cause for condonation of the delay. The High Court found Shri B. Singh "may have acted without care or attention of the interest of his client or may have behaved recklessly, but nevertheless...
0
3,508
1,447
### 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: on the record is revoked no one can act for the appellant. It was represented on behalf of the ap...
M/S ACHAL INDUSTRIES Vs. STATE OF KARNATAKA
in the course of import into, or export of goods out of the territory of India, but is only for the purpose of classifying dealers within the State and to identify the class of dealers liable to pay such surcharge. The underlying object is to classify dealers into those who are economically superior and those who are n...
0[ds]12. In the instant scheme of the Act of which reference has been made in detail, the expression ‘total turnover? has been referred to for the purpose of identification/classification of dealers for prescribing various rates/slabs of tax leviable to the dealer and read with first and second proviso to Section 6-B(1...
0
3,366
391
### 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: in the course of import into, or export of goods out of the territory of India, but is only for the purpose of classifying ...
Shambu Nath Goyal Vs. Bank Of Baroda And Others
service, because s. 22 forbids going on strike without giving a strike notice. The key words in the definition of industrial dispute are dispute or difference. What is the connotation of these two words. In Beetham v. Trinidad Cement Ltd.([1960] 1 All E.R. 244 at 249.). Lord Denning while examining the definition of ex...
1[ds]A bare perusal of the definition would show that where there is a dispute or difference between the parties contemplated by the definition and the disputes or difference is connected with the employment or non-employment or the terms of employment or, with the conditions of labour of any person there comes into ex...
1
1,646
1,200
### 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: service, because s. 22 forbids going on strike without giving a strike notice. The key words in the def...
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED Vs. BISHAL JAISWAL & ANR
11337 : (2017) 4 KLJ 80 , the Kerala High Court held: 7. The inclusion of a debt in a balance sheet duly prepared and authenticated would amount to admission of a liability and therefore satisfies the requirement of law for a valid acknowledgement under Section 18 of the Act. We may recapitulate the words of Mr. Justic...
1[ds]A perusal of the above would show that considering that the Limitation Act applies only to courts, unless made statutorily applicable to tribunals, the Committee was of the view that such Act should be made to apply to the IBC as well, observing that though the IBC is not a debt recovery law, the trigger being def...
1
17,815
8,506
### 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: 11337 : (2017) 4 KLJ 80 , the Kerala High Court held: 7. The inclusion of a debt in a balance sheet duly prep...
M/S. Berger Paints India Ltd Vs. C.I.T., Delhi-V
no merit in that contention. The Tribunal has pointed out that the share capital of the Company as borne out by its audited accounts is limited to Rs.7,88,19679/-. The company’s accounts do not show the reserve and surplus of Rs.19,66,36,734/- as a part of its issued, subscribed and paid up capital. It is true that the...
0[ds]13) Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in theWe are in complete agreement with the view taken by the High Court quoted supra as, in our considered opinion, the well-reasoned judgment/order of the High Court correctly explains the true meaning...
0
2,775
722
### 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: no merit in that contention. The Tribunal has pointed out that the share capital of the Company as borne out by its audited ...
M/S PURI INVESTMENTS Vs. M/S YOUNG FRIENDS AND CO. & ORS
premises for repelling the plea of sub-letting or assignment or parting with possession. From the passage of the judgment of this Court in the case of Bharat Sales Ltd. (supra) above, it transpires that it was also the respondents obligation to demonstrate that there was no monetary consideration on the basis of which ...
1[ds]In our view, the guiding principles which emerge from these authorities on the question which we are addressing in this judgment can be adopted from the following three decisions:-(i) Ram Murti Devi (supra)(ii) Flora Elias Nahoum (supra)(iii) Bharat Sales Ltd. (supra)8. In the case of Ram Murti Devi (supra), it ha...
1
3,935
2,325
### 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: premises for repelling the plea of sub-letting or assignment or parting with possession. From the passage of the judgment...
Standard Mills Company Limited Vs. M. Ramalingam and Another
from the book profits, the net balance at the close of the account year 1952 remaining in the hands of the company could not be sufficient to distribute dividend at the rate at which it was distributed5. Mr. Setalvad contended that in the assessment year 1951-52 relating to the account year 1950 adjustment was made in ...
0[ds]H J.1. The appellant is a public limited company incorporated under the Indian Companies Act, 1913, and has its registered office at Bombay. The company had, in the calendar year 1951, appropriated Rs. 11, 68, 000 in declaring dividend to the shareholders out or its total book profits of Rs. 55, 69, 669. For the a...
0
3,351
3,091
### 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: from the book profits, the net balance at the close of the account year 1952 remaining in the hands of the...
Om Prakash Vs. Lauti Ram and Another
SHAH, J.1. This appeal against the decree passed by the High Court of Punjab in second appeal is filed with special leave. The plaintiff and the defendants entered into a partnership agreement on October 30, 1947, for working a farm. Disputes arose between the partners and the plaintiffs sued for dissolution and accoun...
0[ds]2. Article 136 of the Constitution does not give a right to a party to appeal to this Court. Normally this court will entertain an appeal against a decree passed in second appeal if a substantial question of law of general or public importance arises which may not only determine the dispute between the parties but...
0
831
372
### 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: SHAH, J.1. This appeal against the decree passed by the High Court of Punjab in second appeal is filed with special leave....
Union of India and Others Vs. E. Merck (India)
1. The respondent-Company manufactures certain medicines for which it was liable to pay excise duty. There was a dispute about the rate at which excise duty was payable by it on its products. The dispute came to be resolved finally by an order of Customs, Excise and Gold (Control) Appellate Tribunal dated 22-4-1983 in ...
1[ds]3. Admittedly, there is no statutory basis for the claim of interest made by the respondent in its writ petition inasmuch as there is no provision in the statute imposing an obligation on the Revenue to pay interest on the amount refunded. The respondents claim for interest was also not based on any other statutor...
1
593
266
### 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: 1. The respondent-Company manufactures certain medicines for which it was liable to pay excise duty. There was a dispute ...
NARESH CHANDRA BHARDWAJ Vs. BANK OF INDIA
concerned employee and the co- delinquent are equally placed. However, there has to be a complete parity between the two, not only in respect of nature of charge but subsequent conduct as well after the service of charge sheet in the two cases. If co-delinquent accepts the charges, indicating remorse with unqualified a...
1[ds]6. It is trite to say that the domain of the courts on the issue of quantum of punishment is very limited. It is the disciplinary authority or the appellate authority, which decides the nature of punishment keeping in mind the seriousness of the misconduct committed. This would not imply that if the punishment is ...
1
1,986
1,044
### 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: concerned employee and the co- delinquent are equally placed. However, there has to be a complete parity betw...
Jarnail Singh Vs. State Of Punjab
does not appear to be trustworthy and reliable for the simple reason that even though the headlight of the car was on, it would be lighting only the front portion and not the side of the car and may not even have lighted sufficiently to enable PW 7 to see as to what had happened inside the car. Although it was a winter...
1[ds]. Mukundakam Sharma, J.e present appeal is filed by the appellant being aggrieved by the judgment and order of the learned Single Judge of the Punjab & Haryana High Court affirming the judgment and order of the learned Additional Sessions Judge, Patiala finding the appellant- accused guilty of the offence alleged ...
1
3,589
3,499
### 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: does not appear to be trustworthy and reliable for the simple reason that even though the headlight o...
Indian Drugs & Pharmaceuticals Ltd Vs. Workman,Indian Drugs &Pharmaceutical Ltd
October 1, 1984. It is a direction under Article 142 on the particular facts and circumstances therein. Therefore, the High Court is not right in placing reliance on the judgment as a ratio to give the direction to the PSC to consider the cases of the respondents. Article 142 power is confided only to this Court. The r...
1[ds]9. It has come in the evidence that the number of sanctioned posts in the company were only 1049, but there were already 1299 employees working in the company at the relevant time. We fail to understand how could 1299 employees be appointed when there were only 1049 sanctioned posts? Moreover, the ten concerned em...
1
7,702
1,925
### 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: October 1, 1984. It is a direction under Article 142 on the particular facts and circumstances therein....
Crompton Greaves Limited Vs. Workmen
bipartite talk with the representatives of the union at its Calcutta office on the morning of January 10, 1968 to find out the possibility of an agreed solution. The talk, as agreed, did take place on the morning of January 10, 1968 but no agreement could be arrived at. Whereas according to the union, the management of...
0[ds]8. The Tribunal has held that it has not been proved that the workmen resorted to force and violence during the period in question. We have ourselves gone through the entire evidence in the case but have not been able to discern anything therein which may imply us to take a view different from the one taken by the...
0
1,448
379
### 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: bipartite talk with the representatives of the union at its Calcutta office on the morning of January 10, 1968 to find ou...
Ikram Khan Vs. State Transport Appellate Tribunal And Ors
GOSWAMI, J.1. The appellant and the respondents 3 and 4 were the former existing stage-carriage operators of Jaipur-Sainthal route which was nationalised on January 25, 1973. All of them applied for the grant of non-temporary stage carriage permits of Jaipur-Padampura route as alternative route permits. The Regional Tr...
0[ds]It is, therefore, clear that the appellant was duly notified about the hearing of the appeal and in view of the fact that he did not make any effort to be present during this entire period, when the appeal was pending, he could not be allowed to take advantage of the mere omission of the place of hearing of the ap...
0
1,115
396
### 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: GOSWAMI, J.1. The appellant and the respondents 3 and 4 were the former existing stage-carriage opera...
M/S. Swati Ferro Alloys Pvt.Ltd Vs. Orissa Indl.Infr.Dev.Corpn.(Idco)
facility of Letter of Credit from State Bank of India for Rs.1,50,000/- in the year 1992, which was renewed every year. It has also been sanctioned cash credit limit of Rs.40 lakhs by the State Bank of India in the year 1992 and the same was extended every year, as apparent from letter dated 27.5.1997.12. 2nd responden...
0[ds]11. From the record we find that the appellant company has also setup a fresh unit for making Ferro Alloys in aluminium thermic process on 27.5.1997 and also taken facility of Letter of Credit from State Bank of India for Rs.1,50,000/- in the year 1992, which was renewed every year. It has also been sanctioned cas...
0
2,462
697
### 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: facility of Letter of Credit from State Bank of India for Rs.1,50,000/- in the year 1992, which was ren...
Syndicate Bank, Limited Vs. Its Workmen
service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding five hundred rupees per mensem, or exercises, either by the nature of the duties attached to the office or by r...
1[ds]We are of opinion that the first term of reference had implicit in it the question whether C rank officers were workmen or not. If that were not so, there would be no sense in the reference, for if C rank officers were assumed to be, the bank would be justified in prescribing conditions of service with respect to ...
1
3,035
1,322
### 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: service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative ca...
Powari Tea Estate Vs. Barkataki (M. K.) and Others
denied all the three items of the charge and added that he had nothing to do with the J. forms, because it was not his duty to deal with those forms. He contended that since notice after notice was being served on him it appeared that the appellant was determined to victimize him, and he requested that the order of sus...
0[ds]4. This charge, no doubt, is not happily worded and the expressions used in it would seem to indicate that Sri Allison had already made up his mind that Gohain was guilty of the misconduct set out in the charge. In the circumstances of this case, however, we do not propose to base our decision on this infirmity in...
0
1,791
821
### 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: denied all the three items of the charge and added that he had nothing to do with the J. forms, because it was not his dut...
Kridhan Infrastructure Pvt Ltd (Now known as Krish Steel and Trading Pvt Ltd) Vs. Venkatesan Sankaranarayan & Ors
issued: (i) The operation of the impugned order of the NCLAT dated 8 September 2020, is stayed; (ii) The appellant shall, in order to demonstrate its ability to implement the Resolution Plan and in compliance with the understanding arrived at on 25 February 2020 deposit an amount of Rs 50 crores, on or before 10 Januar...
0[ds]10. By the order of the court dated 9 October 2020, which was passed on the statement which was made by Senior Counsel, an amount of Rs 50 crores was required to be deposited before 10 January 2021. On 25 November 2020, while clarifying the earlier order by which the order of NCLAT was stayed, time for the deposit...
0
2,434
435
### 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: issued: (i) The operation of the impugned order of the NCLAT dated 8 September 2020, is stayed; (ii) The appellant shall, ...
P.C. Doshi Vs. 7Th Income Tax Officer, C-I Ward, Bombay
either proper to or at the time of the issue of the notice of demand. The petitioner had requested the authorities to supply to him the order of assessment on the basis of which the notice of demand was issued but he was never supplied with the same. It was in these circumstances that this court took the view that, alt...
0[ds]The only course available to thex Officer to include the said divided is by having recourse to proceedings under section 34. Where there is no such inclusion either in the original assessment or in the reassessment of the assessee under section 34, a reassessment of the company and the consequent order under secti...
0
7,630
3,876
### 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: either proper to or at the time of the issue of the notice of demand. The petitioner had requested the authorities to suppl...
Srinivas Gundluri and Ors Vs. SEPCO Electric Power Construction Corporation and Ors
ordered investigation under Section 156 (3) of the Code. It also shows that the Magistrate perused the complaint without examining the merits of the claim that there is sufficient ground for proceeding or not, directed the police officer concerned for investigation under Section 156 (3) of the Code. As rightly observed...
0[ds]From the above, it is clear that the Magistrate only ordered investigation under Section 156 (3) of the Code. It also shows that the Magistrate perused the complaint without examining the merits of the claim that there is sufficient ground for proceeding or not, directed the police officer concerned for investigat...
0
6,837
1,114
### 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: ordered investigation under Section 156 (3) of the Code. It also shows that the Magistrate perused the complaint without e...
Ashok Kumar Barik Vs. State of Orissa
1. A considerable part of the judgment under appeal has been written by the High Court in compassionate tones towards the appellant not for the purposes of the Court but for the State Government to step in and give some remission or reprieve to the appellant 2. The broad facts are these The deceased was a young girl, a...
0[ds]This is how she has been described by the High Court. The High Court has given good reasons for believing the evidence of these two witnesses and going through their testimony, we find that the High Court was right in relying on their word. On the other hand, it was contended that perhaps the parents of the girl h...
0
918
240
### 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. A considerable part of the judgment under appeal has been written by the High Court in compassiona...
Dr. Satyabrata Dutta Choudhury Vs. State of Assam and Others
Shinghal, J.1. These two appeals by special leave are directed against a common judgment of the High Court of Assam and Nagaland dated 13th August, 1971. They arise out of facts which are common, and both the cases have been argued together by the counsel for the parties. We shall, therefore, dispose of them by this ju...
0[ds]4. What has been argued is that as the appellants joined earlier as Assistant Professors, they were entitled to rank senior to the respondents who joined later. Reference in this connection has been made to Art. 16 of the Constitution.5. It is not in dispute that the appellants and respondents 4, 5, and 6 were ini...
0
1,074
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: Shinghal, J.1. These two appeals by special leave are directed against a common judgment of the High Co...
Commissioner Of Income Tax Vs. M/S. All India Tea And Trading Co. Ltd
the decision of the Andhra Pradesh High Court in the case of Pydah Suryanarayana Murty v. CIT. Our attention was also drawn to the decision of the Assam High Court in the case of Senairam Doongarmall v. State of Assam 1953 AIR(Ass) 65 : 1953 (5) ILR(Ass) 55 ), which was a case arising under the Assam Agricultural Incom...
0[ds]11. The finding of fact in the present case is that even after the requisition of the land, the refugees were carrying our agricultural operations on the land in question. Therefore, one of the requirements of Section 2(1) of the Income Tax Act, 1922, namely, that the land is used for agricultural purposes stands ...
0
1,864
905
### 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: the decision of the Andhra Pradesh High Court in the case of Pydah Suryanarayana Murty v. CIT. Our attention...
Jitendra Khimshankar Trivedi Vs. Kasam Daud Kumbhar
appeal. As against the award passed by the tribunal when the claimants have not filed any appeal, the question arises whether the income of the deceased could be increased and compensation could be enhanced. In terms of Section 168 of the Motor Vehicles Act, the courts/tribunals are to pass awards determining the amoun...
1[ds]8. Admittedly, claimants adduced only oral testimony of the witnesses to substantiate their claim that deceased was self-employed and was earning Rs.900/- per month. Smt. Godavariben Khimshankar Trivedi-mother-in-law and Shri Khimshankar Raguram Trivedi, father-in-law have deposed to the effect that deceased at th...
1
2,695
706
### 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: appeal. As against the award passed by the tribunal when the claimants have not filed any appeal, the quest...
H. H. Maharaj Rana Hemant Singhji, Dholpur Vs. Commissloner Of Income-Tax, Rajasthan
him;"The expression "personal use" occurring in clause (ii) of the above quoted provision is very significant. A close scrutiny of the context an; which the expression occurs shows that only those effects can legitimately be said to be personal which pertain to the assessses person. In other words, , an intimate connec...
0[ds]In S. Poddar v. The Commissioner of Wealth Tax, Bombay City-II(I.L.R. [1965] Bom.1062.) where the assessee at the time of his appointment in the year 1945 as a Justice of the Peace was presented with two gold caskets, a gold tray, , two gold glasses, a gold cup, saucer and spoons, and photo frames as souvenirs by ...
0
2,224
457
### 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: him;"The expression "personal use" occurring in clause (ii) of the above quoted provision is very significant. A close scr...
Mst. Kharbuja Kuer Vs. Jangbahadur Rai
question of separation or jointness thus only becomes a link in the chain to judge the validity or otherwise of the document, Ex. C". This statement of the learned Subordinate Judge is unobjectionable. The question of partition in the family was a circumstance which would have an important bearing on the question of pr...
1[ds]It is settled law that the High Court has no jurisdiction to entertain a second appeal on the ground of erroneous finding of fact. In the instant case the learned Munsif and, on appeal, the learned Subordinate Judge found concurrently that the two widows put their thumb marks without understanding the true import ...
1
3,907
1,691
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: question of separation or jointness thus only becomes a link in the chain to judge the validity or otherwis...
Bharat Petroleum Corpn.Ltd Vs. P. Kesavan
University vs. Palitana Sugar Mill (P) Ltd. and others, (2003) 2 SCC 111 ). Sub-section (2) of Section 5 of the Act is imperative in character and must be construed as such. 15. The maxim generalia specialibus on derogant meaning thereby that general things do not derogate special things shall, thus, apply in the insta...
1[ds]18. We, therefore, are of the opinion that the legislative scheme contained in the said Act leads to only one conclusion that if Government company expresses its desire to renew the lease, the same would stand renewed on the same terms and5(2) and Section 7(3) of the Act are required to be given its purposive mean...
1
3,029
504
### 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: University vs. Palitana Sugar Mill (P) Ltd. and others, (2003) 2 SCC 111 ). Sub-section (2) of Section 5 of the Act is imp...