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Aher Rama Gova and Others Vs. State of Gujarat
Fazal Ali, J. This appeal by special leave is directed against a judgment of the Gujarat High Court convicting the three appellants Uka Gova, Rama Gova and Rama Sidi under Section 326/149 to five years rigorous imprisonment.2. As many as eleven accused were tried by the trial Court but all of them were acquitted on the...
0[ds]We are also satisfied that the view taken by the High Court in convicting the appellant is fully borne out by the evidence on the record and does not need to be set aside byregard to the peculiar circumstances of this case, we feel that it will not be conducive in the interests of justice to send the appellants ba...
0
673
194
### 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: Fazal Ali, J. This appeal by special leave is directed against a judgment of the Gujarat High Court convict...
Lekha Yadav Vs. State of Bihar
whether the High Court has kept in view the guidelines laid down by the Privy Council in Sheo Swarups case (AIR 1934 PC 227 ) and later in numerous cases heard and disposed of by this Court. Those guidelines are well known and have already been adverted to.10. Turning to the case in hand, it is obvious that the trial c...
0[ds]8. The legal position is so well settled that we consider it unnecessary to deal with it at great length. It has been reiterated by this Court in innumerable cases, a large number of which are reported in the law reports. To put in a nutshell, once again, the High Court has full power on appeal from acquittal to a...
0
3,398
1,048
### 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: whether the High Court has kept in view the guidelines laid down by the Privy Council in Sheo Swarups case (AIR 1934 PC 227 ...
PUNJAB STATE ELECTRICITY BOARD AND ANR Vs. THANA SINGH AND ORS
the work performed by the employees on those posts. Only in cases of complete similarity in the nature of work, duties, responsibilities and promotional channels, parity of pay scale can be claimed. Merely on the ground that Sub Fire Officers are categorised in Group XII along with Head Clerks, Head Clerk-cum-Divisiona...
1[ds]11. It is fairly well settled that equation of pay scales must be left to the Government and on the decision of the experts and the Court should not interfere with it.In the year 1988, though the post of Sub Fire Officers has been included in Group XII in one category as that of Head Clerks, Head Clerk-cum-Divisio...
1
4,664
677
### 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 work performed by the employees on those posts. Only in cases of complete similarity in the nature ...
State of Tamil Nadu Vs. State of Kerala & Another
storage faster and better, in case the dam develops any distress. As a gravity dam seldom gives in suddenly, such evacuation will reduce Dam Break flood (DBF) magnitude significantly.d) Though, the demand of the SoK for 1.1 TMC of water for Environmental Flow is not substantiated, yet, a legitimate need which is yet to...
0[ds]. As a general observation, before we embark upon the discussion on diverse issues, it must be stated, that a suit of this nature cannot and ought not to be decided with very technical approach insofar as pleadings and procedure are concerned. A suit filed in original jurisdiction of this Court is not governed by ...
0
50,200
2,145
### 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: storage faster and better, in case the dam develops any distress. As a gravity dam seldom gives in sudd...
FIRM RAJASTHAN UDYOG & ORS. Vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD
the land at the price so declared by the Arbitrator in its Award, could not be directed. 39. Even otherwise, there cannot be any equity in favour of the respondent, as neither any amount was paid nor deposited by the respondent. No earnest money was also paid by the respondent. It was only the stamp paper worth Rs.1,21...
1[ds]21. The anchor sheet of the case of the respondent is the Agreement dated 01.02.1980 between the parties (i.e. appellant and respondent) as well as the Arbitration award dated 09.06.198527. In our considered opinion, in the facts of the present case, the answer to the same would be an emphatic no28. There cannot b...
1
8,335
1,671
### 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 land at the price so declared by the Arbitrator in its Award, could not be directed. 39. Even otherwise, there cannot ...
Laxminarayan Dipchand Maheshwari & Ors Vs. Maharashtra Revenue Tribunal & Ors
shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners of such lands:"xx xx xxSection 49A (1) may also be read:49A (1). "Notwithstanding, anything contained in Section 41 or 46, or any custom, usage, decree contract or grant to the contrary but subject...
0[ds]7. We may at once say that Section 49A is not attracted in the instant case since the section provides for ownership of land which is not transferred to the tenant under Section 46 or which is not purchased by the tenant under Section 41 or Section46 (1) provides clearly and unambiguously that notwithstanding anyt...
0
1,793
606
### 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: shall stand transferred to and vest in, such tenants and from such date such tenants shall be deemed to be the full owners o...
Devidas Rama Chari Vs. S Bharat Petroleum Corporation Limited
else, even if it is founded on the allegation of infringement of his legal right, has to necessarily depend upon unblame worthy conduct of the person seeking relief, and the Court refuses to grant the discretionary relief to such person in exercise of such power, when he approaches it with unclean hands or blameworthy ...
0[ds]In our opinion, within the same constituency there may have been different places which could be within the municipal areas as well as outside such limits and also there could have been places which were more commercially viable than others. The same could be said in relation to the saidroad. Considering the guide...
0
3,372
545
### 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: else, even if it is founded on the allegation of infringement of his legal right, has to necessarily depend upon ...
Sasi Enterprises Vs. Assistant Commissioner of Income Tax
and after a notice under Section 142(1)(i) or 148 of the Act is issued calling for filing of the return of income. Proviso, therefore, envisages the filing of even belated return before the detection or discovery of the failure and issuance of notices under Section 142 or 148 of the Act. 25. We may in this respect also...
0[ds]26. We have indicated that on failure to file the returns by the appellants, income tax department made a best judgment assessment under Section 144 of the Act and later show cause notices were issued for initiating prosecution under Section 276CC of the Act. Proviso to Section 276CC nowhere states that the offenc...
0
6,507
893
### 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: and after a notice under Section 142(1)(i) or 148 of the Act is issued calling for filing of the return of income. Provis...
SK JALALUDDIN & OTHERS Vs. THE STATE OF WEST BENGAL AND OTHERS
last opportunity to the defaulting members (petitioners/applicants herein) to clear the dues, failing which they would be expelled from the Society. Since the petitioners failed to deposit the required amount within the specified time, in terms of Rule 133(1) of the West Bengal Co- operative Societies Rules, 2011, the ...
1[ds]12. From the aforesaid facts, it is clear that besides the initial amount of Rs. 3.86 lakhs, the petitioners did not deposit any further amount and kept disputing the demands raised by the Housing Society. The order expelling the petitioners from the membership of the Society, was passed way back in May, 2015, whi...
1
1,686
188
### 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: last opportunity to the defaulting members (petitioners/applicants herein) to clear the dues, fai...
M/s. Johnson and Johnson (India) Limited Vs. Its Workmen
KHANNA, J.1. The services of B. N. Bhasin were terminated by the appellant company with effect from May 1, 1966. Reference was thereafter made to the Labour Court on the point as to whether the termination of the services of Bhasin was wrongful and unjustified and if so, to what relief he was entitled. The Labour Court...
1[ds]2. At the hearing of the appeal, there has been a settlement between the parties and it has been agreed that instead of Bhasin being reinstated by the appellant company he be paid Rs. 10, 000 in full and final settlement of his claim. This would be without prejudice to the contention advanced on behalf of the appe...
1
230
126
### 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: KHANNA, J.1. The services of B. N. Bhasin were terminated by the appellant company with effect from May...
State Of Orissa Vs. United India Insurance Co. Ltd.Represented By Divisional Of
has been defined in S. 2(a) to mean a contract of marine insurance as defined by S. 3, "Marine Adventure" has been defined under S. 2(d) to include any adventure where any insurable property is exposed to maritime perils. "Maritime perils" has been defined in S. 2(e) and means the perils consequent on, or incidental to...
0[ds]Thus, it could be seen that for the insurance to be operative, it is a transit policy and when non-supply during the transit occurs, the liability is undertaken by the Insurance Company. But before that undertaking came to be effective, a notice was issued by the Insurance Company cancelling the same. One of the c...
0
1,569
261
### 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: has been defined in S. 2(a) to mean a contract of marine insurance as defined by S. 3, "Marine Adventur...
State Of Madhya Pradesh Vs. Kaluram
goods. The State was also entitled to prevent the goods from being removed without payment of the instalments due. The expression "security" in S. 141 is not used in any technical sense; it includes all rights which the creditor had against the property at the date of the contract. The surety is entitled on payment of ...
0[ds]Beside the contractual right which is conferred upon the State by Rule 8 to stop removal of goods in value exceeding the amount already paid by the contractor, where the consideration is payable in instalments the statute has imposed a charge upon the goods sold, inter alia, for the price thereof, and has authoris...
0
3,819
1,345
### 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: goods. The State was also entitled to prevent the goods from being removed without payment of the instalments due...
Pashupati Nath Sukul and Others Vs. Nem Chandra Jain and Others
Elections Rules, 1961 which contains Rule 69 and Part VII thereof deal with the procedure to be followed at an election by assembly members. Rule 85 of the Conduct of Elections Rules, 1961 provides that as soon as may be after a candidate has been declared to be elected, the returning officer shall grant to such candid...
1[ds]Article 191 of the Constitution prescribes the disqualifications for membership of the Legislative Assembly or Legislative Council of a State. On the incurring of any such disqualification a member of a Legislative Assembly or a Legislative Council ceases to be a member thereof. Article 193 of the Constitution pro...
1
6,621
1,792
### 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: Elections Rules, 1961 which contains Rule 69 and Part VII thereof deal with the procedure to be followed a...
M.S. BHATI Vs. NATIONAL INSURANCE COMPANY LTD
right to drive the said vehicle under the hold of driving license….? 9. Learned counsel appearing on behalf of the insurer states, on instructions, that the third party claims which were awarded by the MACT have been duly satisfied.10. It has been submitted on behalf of the appellant that the definition of the expressi...
1[ds]13. The law which has been laid down by a three Judge Bench of this Court in Mukund Dewangan (supra) binds this Court. As a matter of judicial discipline, we are duty bound to follow that decision which continues to hold the field16. The fact that the driver had a license to drive a light motor vehicle which was v...
1
1,656
201
### 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: right to drive the said vehicle under the hold of driving license….? 9. Learned counsel appearing on behalf of th...
M/S. Indian Dairy Machinery Co. Ltd Vs. Asst. Commnr. Of Commercial Taxes
Act which has been introduced by the Karnataka Amendment Act 5 of 2002, with effect from 1.4.2002 reads as under: "Nothing contained in sub-section (6) shall apply to a dealer who purchases or receives goods from outside the State for the purpose of using such goods in the execution of works contract" 8. The legislatur...
0[ds]the dealer wanted the benefit of sub-section (6) of Section 17, it was required to submit an application within one hundred twenty days from the date of commencement of the assessment year. The amended provision of sub-section (7) of Section 17 came into effect from 1.4.2002. The amended provision clearly excludes...
0
1,618
649
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Act which has been introduced by the Karnataka Amendment Act 5 of 2002, with effect from 1.4.2002 reads as u...
Hindustan Lever Ltd Vs. B.N. Dongre
the wage scales of comparable concern i. e. TOMCO and in that respect statement furnished by Shri Menon, Advocate for the Union, appear to be correct. Hence, I agree with a modified revision of wage scales, as demanded by the workmen." * 31. The learned counsel for the Company took serious exception to the upward revis...
0[ds]It must be remembered that the jurisdiction of the Industrial Tribunal under the I. D. Act was invoked both by the management as well as the workers. It is well settled that the decision of the Tribunal rendered under the I. D. Act would be subject to review by the High Court under Articles 226/227 of the Constitu...
0
13,857
2,559
### 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 wage scales of comparable concern i. e. TOMCO and in that respect statement furnished by Shri Menon, Adv...
Hi Point Services Private Limited Vs. Chloro Controls (India) Private Limited & Others
12th January, 2002, in order to salvage the situation and in a state of utter helplessness, wrongly contended that the plaintiff be permitted to conduct the business of electro chlorination equipments of the Kocha family outside the scope of the joint venture by interpreting the Joint Venture Agreements to be in respec...
0[ds]Perusal of thiswould indicate that it does not include any electro chlorination equipment. Appendix II to this agreement specifically deals with the products and parts not manufactured by Defendant No.Thus Appendix II clearly sets out the list of products and parts not manufactured by the Joint Venture and it furt...
0
9,557
1,293
### 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: 12th January, 2002, in order to salvage the situation and in a state of utter helplessness, wrongly contende...
The State of Nagaland & Ors Vs. Nishevi Achumi
M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 19.04.2021 passed by the High Court of Gauhati at Kohima in Writ Appeal No.21 of 2019 by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the judgment and order passed by the learned...
1[ds]4. Having heard learned counsel for the State and considering the submissions made on behalf of the State and having gone through the judgment and order passed by the learned Single Judge confirmed by the Division Bench, we are of the firm opinion that the High Court has committed a grave error in directing the ap...
1
985
307
### 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: M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order dated 19.04.2021 passed by the Hi...
Dattonpant Gopalvarao Devakate Vs. Vithabrao Maruthirao Janagavai,
the month of tenancy as commencing from the 9th day of a month and ending on the 8th day of the month following. The requisite period of 15 days was given but the defect in the notice was that it did not expire with the end of the month of the tenancy. The end of the month of the tenancy was the 9th day and not the 8th...
1[ds]We have been taken through the portions of the judgments of all the three courts below and the relevant pieces of documentary and oral evidence adduced by the parties. On the question of the respondent requiring the suit premises reasonably and bona fide for his personal occupation as also on the point of comparat...
1
2,307
933
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the month of tenancy as commencing from the 9th day of a month and ending on the 8th day of the month f...
A.Kanthamani Vs. Nasreen Ahmed
settled, let us examine the facts of this case. 32) At the outset, we may observe that this Court is loath to undertake the task of appreciating the evidence in an appeal filed under Article 136 of the Constitution of India. It is more so when such appeal arises out of the judgment, which has recorded concurrent findin...
0[ds]21) Having heard learned counsel for the parties and on perusal of the record of the case, we find no force in any of the submissions of the learned counsel for the appellantTherefore, the plaint which seeks the relief of specific performance of the agreement/contract must contain all requirements of Section 16 (c...
0
4,342
1,229
### 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: settled, let us examine the facts of this case. 32) At the outset, we may observe that this Court...
Rohtas Industries Ltd Vs. Brijnandan Pandey
to the appellants application under S.22 of the Act, the said workmen denied however that they were at any time engaged temporarily for temporary work: vide paras. 3 and 6 of the affidavit. Obviously they were shifting from the position which they had originally taken up. No evidence was given that the men who were emp...
1[ds]In our opinion, these contentions are correct and should be upheldLearned counsel for the Appellant has rightly pointed out that even in respect of the completion or erection works the conclusion of the Appellate Tribunal is a complete non sequitur. First of all, the Directors Report was dated 10-7-1951 though the...
1
3,618
696
### 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: to the appellants application under S.22 of the Act, the said workmen denied however that they were at any time engaged te...
Raghunath Pradhani Vs. Damodra Mahapatra And Ors
the, private purchaser from the decre e holder has filed this appeal. 6. We are in agreement with the view of the High Court that it is not open to respondent 1, the decree-holder, to contend that respondent 3 whose property was put to sale in the execution proceedings was not a mem ber of the Scheduled Tribe. Responde...
1[ds]We are in agreement with the view of the High Court that it is not open to respondent 1, the decree-holder, to contend that respondent 3 whose property was put to sale in the execution proceedings was not a mem ber of the Scheduled Tribe. Respondent 1 filed his execution petition for the purpose of recovering the ...
1
1,989
1,072
### 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, private purchaser from the decre e holder has filed this appeal. 6. We are in agreement with the view of the High Court...
Union Of India Vs. D.M. Revri & Co
the machinery for nomination of an arbitrator, the arbitration agreement in clause (17) could still be enforced by the Court by appointing an arbitrator in a proceeding under section 20 of the Arbitration Act. But the position again changed and the Ministry of Food &Agriculture came into being as a result of integratio...
1[ds]We fail to see why the Secretary in the Ministry of Foodincharge of the Department of Food could not be described as the Secretary. He would be the Secretary in the Ministry of Foodconcerned with theof the contract and dearly and indubitably he would be the person intended by the parties to exercise the power of n...
1
3,487
385
### 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 machinery for nomination of an arbitrator, the arbitration agreement in clause (17) could sti...
SEVOKE PROPERTIES PVT. LTD Vs. WEST BENGAL STATE ELETRICTIY DISTRIBUTION COMPANY LIMITED
absence of such a notice, the suit, it was held, would not be maintainable. 15. Mr Sundaram has sought to distinguish this decision, since in that case this Court found that the defendant was a tenant holding over within the meaning of Section 116. We find merit in the submission which has been urged by Mr Sundaram. In...
1[ds]13. In terms of the provisions of Section 107, a lease of immovable property for a term exceeding one year can only be made by a registered instrument. Admittedly, in the present case, the indenture of lease has not been registered. In consequence, the contents of the indenture would be inadmissible in evidence fo...
1
2,998
858
### 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: absence of such a notice, the suit, it was held, would not be maintainable. 15. Mr Sundaram has sought to distinguish this...
Bhau Ram Vs. Janak Singh
dismissed the suit filed by Reshmoo Devi for possession as barred by limitation. The appellant herein, who was substituted as L.R., filed second appeal being R.S.A. No.113 of 1988 before the High Court which was allowed by the High Court on 25.05.2000. (h) Against that order, Kamla Devi & Ors. filed special leave petit...
0[ds]9) As rightly pointed out by learned counsel for the respondents, the questions of law, as raised in the second appeal, before the High Court are no longer needed to be decided in view of the settled law that only the averments in the plaint can be looked into while deciding the application under Order VII Rule 11...
0
1,895
333
### 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: dismissed the suit filed by Reshmoo Devi for possession as barred by limitation. The appellant herein, who ...
Ram Sanjiwan Singh & Others Vs. State of Bihar
because of the firing the barber had run away. It was tried to be suggested that this very barber used to shave the deceased twice a week. That may be so. But it was not clear as to who was the barber who shaved the deceased on that fateful evening nor was anything pointed out in the cross-examination of Sunil Singh PW...
1[ds]20. However, so far as Criminal Appeal No. 387 of 1985 by accused Ram Sanjiwan Singh is concerned, as we have noted earlier, his acquittal under Section 302 IPC read with Section 34 IPC has stood confirmed. The learned Sessions Judge had imposed on him for that (sic) offence sentence to suffer rigorous imprisonmen...
1
7,182
316
### 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: because of the firing the barber had run away. It was tried to be suggested that this very barber used to shave th...
State of Punjab Vs. Madan Singh & Others
K.S. Hegde, J.1. The question of law to be decided in these appeals by certificate, arising from two writ petitions filed by some of the respondents in these appeals in the High Court of Punjab and Haryana, are more or less similar to those which we have decided in State of Haryana, etc., etc. v. Shamsher Jang Bahadur,...
0[ds]4. For the reasons we have already mentioned in State of Haryana etc. v. Shamsher Jang Bahadur etc. (Civil Appeals Nos. 1639 to 1641 of 1968, 31, 1279 and 2227 of 1969) since reported in [1972II L.L.J. 186], (supra), we agree with the High Court that the executive instructions issued by the State Government are vo...
0
811
168
### 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: K.S. Hegde, J.1. The question of law to be decided in these appeals by certificate, arising from two writ pe...
Mohd-Ashfaq Vs. State Transport Appellate Tribunal U.P. and Others
application for renewal of a permit after the last date specified in subsection (2), "if the application is made not more than 15 days after the said last date and is accompanied by the prescribed fee. " Sub-section (3) thus vests a discretion in the Regional Transport Authority to entertain an application for renewal ...
0[ds]This argument is, in our opinion, manifestly wrong. The scheme of Chapter IVA is clear and it does not exclude the applicability of the provisions contained in section 57 and the proviso to sub-section (2) of section 68. Chapter IVA contains a fasciculus of sections commencing from section 68A and ending with sect...
0
4,739
2,817
### 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: application for renewal of a permit after the last date specified in subsection (2), "if the appl...
Srihari Hanumandas Totala Vs. Hemant Vithal Kamat & Ors
same time, the trial court may, after framing the issues, take up the issues which pertain to the maintainability of the suit and decide the same in the first instance. In this manner the appellant, or for that matter the parties, can be absolved of unnecessary agony of prolonged proceedings, in case the appellant is u...
0[ds]Justice R C Lahoti (as the learned Chief Justice then was), speaking for a two Judge bench in V. Rajeshwari v. T.C. Saravanabava (2004) 1 SCC 551 discussed the plea of res judicata and the particulars that would be required to prove the plea. The court held that it is necessary to refer to the copies of the plead...
0
7,038
2,089
### 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: same time, the trial court may, after framing the issues, take up the issues which pertain to the...
Citation Infowares Limited Vs. Equinox Corporation
but that does not effect the jurisdiction under Section 11 which falls for Part I which has been specifically held applicable in Bhatia International (cited supra). 18. The learned Judge, deciding the Indtel Technical Services case (cited supra) also has taken into consideration this aspect and has expressed in Paragra...
1[ds]19. The situation therefore is identical in the present matter. Shri K.K. Venugopal, however, contended that if the parties intended specifically in this case that the law governing the contract was Californian law, as expressed in Bhatia Internation as well as in Indtel Technical Services case (cited supra), an i...
1
4,219
745
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: but that does not effect the jurisdiction under Section 11 which falls for Part I which has been spec...
RELIANCE LIFE INSURANCE CO. LTD. Vs. REKHABEN NARESHBHAI RATHOD
agreement. The finding of a material misrepresentation or concealment in insurance has a significant effect upon both the insured and the insurer in the event of a dispute. The fact it would influence the decision of a prudent insurer in deciding as to whether or not to accept a risk is a material fact. As this Court h...
1[ds]11. While considering the rival submissions, it is necessary to preface our analysis with reference to two basic facts. The first pertains to the nature of the disclosure made by the insured in the proposal form. The second relates to the ground for repudiation of the claim. The proposal form required a specific d...
1
8,646
2,576
### 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: agreement. The finding of a material misrepresentation or concealment in insurance has a significant effect upon ...
M/S. GRANULES INDIA LTD Vs. UNION OF INDIA
no mandamus for exemption could be issued. The consignments were admittedly imported after 25.11.1993 and before the clarificatory notification dated 18.03.1994. Thus, there was no arbitrariness on part of the respondent. The appellant preferred a review application inter alia relying upon a Division Bench order of the...
1[ds]8. We have considered the submissions on behalf of the parties and are of the considered opinion that the order of the High Court is completely unsustainable. The entire consignment was imported under one advance licence issued to the petitioner prior to 19.05.1992. The fortuitous circumstance that part of the con...
1
1,550
788
### 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: no mandamus for exemption could be issued. The consignments were admittedly imported after 25.11.1993 and before t...
Industrial Trust Limited Jaipur Vs. The Commissioner of Income Tax (Central & Rajasthan) New Delhi
Department.8. There is no dispute that if the assessment proceedings under Section 34 initiated by the I.T.O., Ajmer, are valid proceedings, the I.T.O., Central Circle, would not have had jurisdiction to issue fresh notices under Section 34. The case for the department is that the I.T.O., Ajmer, had no jurisdiction ove...
0[ds]3. From the above observations it is clear that the contention taken before the I.T.O., Central Circle was that the assessee should be asserted by theOfficer, Jaipur who possibly had acquired territorial jurisdiction over the assessee by the time the assessment proceedings were going on before the Central Circle. ...
0
2,551
795
### 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: Department.8. There is no dispute that if the assessment proceedings under Section 34 initiated by the I.T.O...
ANIL KUMAR Vs. UNION OF INDIA AND ORS
the benchmark violated the O.Ms issued by the Department of Personnel and Training. 5. The Tribunal rejected that contention holding that since CSIR had adopted the requirement of conveying the ACRs from a particular date in the future, the decision could not be questioned. On the issue of promotion, it has been held t...
1[ds]16. In view of the above statement of law, both the Tribunal and the High Court were in error in coming to the conclusion that CSIR being an autonomous entity and having adopted the O.Ms of the Department of Personnel and Training with effect from a specified date, the appellant could not make a grievance of the n...
1
1,302
260
### 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 benchmark violated the O.Ms issued by the Department of Personnel and Training. 5. The Tribunal rejected ...
Maharashtra Hybrid Seeds Company Limited Vs. Alavalapati Chandra Reddy and Others
K. VENKATASWAMI, J. The appellant-company, aggrieved by the summary dismissal of its Revision Petition No. 225/93 on 27.7.93 by the National Consumer Disputes Redressal Commission, New Delhi, has filed this appeal by special leave. The respondents 1 and 2 moved the District Forum, Cuddapah, in Consumer Dispute No. 441/...
0[ds]In the light of above findings and in view of the conduct of the appellant in this case, we do not consider that we should exercise our jurisdiction under Article 136 of the Constitution of India to interfere with the order under appeal.
0
1,032
49
### 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: K. VENKATASWAMI, J. The appellant-company, aggrieved by the summary dismissal of its Revision Petition ...
Rana Vidya Bhushan Singh Vs. Ratiram
support of the appeal by counsel for the plaintiffs :(1) that there was no concluded agreement of lease between Rani Vidya Vatimother of the plaintiffs-and the defendant;(2) that the agreement of lease being unregistered was inadmissible in evidence; and(3) that Rani Vidya Vati had no authority to grant the lease to th...
0[ds]In our view all the contentions are without substance.The agreement of leasethe parties have agreed to lease out the lands as entered in the Schedule to be annexed hereunto and duly approved and signed by either of the Senior or Junior Rani Saniba for a period of fifteen years and on the consideration of Rs. 500/-...
0
1,489
486
### 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: support of the appeal by counsel for the plaintiffs :(1) that there was no concluded agreement of lease between Ra...
Joint Chief Controller Of Imports And Exports, Madras Vs. M/S. Aminchand Mutha Etc
the quotas for the partners were to take effect only after the date of approval. If the division of quota has to be recognised by the Chief Controller on production of evidence required by Instruction 72 and this division has to be in accordance with the agreement between the partners of a dissolved firm, the approval ...
0[ds]We have already pointed out that on a proper interpretation of instruction 71, there is no doubt that the Chief Controller is bound to divide the quota of a firm consisting of partners which has been dissolved in accordance with the provisions of the agreement between the partners provided the necessary evidence h...
0
4,141
775
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the quotas for the partners were to take effect only after the date of approval. If the division of quota has to be recogn...
ORIENTAL INSURANCE COMPANY LIMITED Vs. M/S NARBHERAM POWER AND STEEL PVT LTD
stand, the learned Single Judge held that the disputes could be referred to arbitration since the plea advanced by the owner could be decided by the arbitrator. We do not intend to dwell upon the correctness of the said decision as the issue involved in the present case is quite different.22. In A. Ayyasamy (supra), a ...
1[ds]It is our obligation to mention here that though the respondent has placed reliance upon the said authority, yet the same does not assist him. On the contrary, it dispels the perception of ambiguity in Part II and Part III of the arbitration clause as perceived by the High Court. That apart, it throws light on the...
1
4,990
1,273
### 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: stand, the learned Single Judge held that the disputes could be referred to arbitration since the plea advan...
BRAHMA SINGH AND OTHERS Vs. UNION OF INDIA AND OTHERS
also apply to the employees of the Central Authority. The Central Authority framed the Supreme Court Legal Services Committee Regulations, 1996 and Regulations 3(1) and 3(2) thereof read as follows; 3. General effect of vesting. – On and from the date of commencement of these regulations, - (1)All the assets, liabiliti...
1[ds]7. From the facts narrated above, it is apparent that the Supreme Court Legal Aid Committee was created under administrative instructions of the Government. Thereafter, the Legal Services Authorities Act, 1987 came into force. The services of the officers and employees were governed by Rule 3A and after 2000, they...
1
1,677
438
### 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: also apply to the employees of the Central Authority. The Central Authority framed the Supreme Court Legal Servic...
M/s. Sundaram Finance Limited Vs. Regional Transport Officer and Another
1. These appeals are directed against the judgment and order dated January 27, 1975 of a Division Bench of the High Court of Kerala dismissing the three writ petitions filed by the appellant 2. M/s Sundaram Finance Ltd. is a company carrying on business of financing of automobiles on hire-purchase basis with its head o...
0[ds]3. After hearing learned counsel for the parties at length, we do not find any error or legal infirmity in the impugned judgment of the High Curt. Under Section 3 of the Act, the tax is levied on all passengers, luggage and goods carried by stage carriages and on all goods transported by goods vehicles at the rate...
0
740
363
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: 1. These appeals are directed against the judgment and order dated January 27, 1975 of a Division Bench of t...
Messrs East India Pharmaceutical Works Limited Vs. Commissioner of Income Tax. West Bengal
entire profits had been pumped into the over-draft account, whether such profits were more than the tax amount paid for the relevant year and all other germane factors. But when the assessee never advanced the contention either before the Tribunal or before the High Court does not bring within its seep the contention a...
0[ds]Having considered the rival submissions at the bar though we find considerable force in the arguments advanced by the learned counsel appearing for the appellant but in the facts and circumstances of the present case, on going through the order of the Tribunal as well as the question referred to by the Tribunal fo...
0
2,850
496
### 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: entire profits had been pumped into the over-draft account, whether such profits were more than the tax amount paid for th...
K. Mohammad Ziauddin Sahib Vs. Kosha Abdul Munaf Saheb and Others
the business conducted by Dadamian Sahib & Sons. The first defendant has not produced any of the accounts relating to this business though he was summoned by the plaintiff to produce them. His contention is that this business is a separate business carried on by him in partnership with other and that, therefore, the pl...
0[ds]5. The only grievance the appellant seems to have in this appeal relates to his claim in the assets forming partnership business which was extensive.Shri Latifi, learned counsel for the appellant, in the first instance tried to assail the very basis of the ascertainment of shares of the various partners in that bu...
0
5,145
973
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: the business conducted by Dadamian Sahib & Sons. The first defendant has not produced any of the accounts re...
SUBODH KUMAR & ORS Vs. COMMISSIONER OF POLICE & ORS
16 of the Constitution and deserves to be interfered with by this Court. 12. Learned counsel further submits that an apparent error has been committed by the High Court in holding that the amended rules give equal opportunity to in-service candidates to compete with open market candidates against 50% of direct recruitm...
0[ds]15. It is a settled law that prescribing of any age limit for a given post, as also deciding the extent to which any relaxation can be given if an age limit is prescribed, are essentially the matters of policy. It is always open for the Government or the appointing authority while framing rules, to prescribe such ...
0
3,089
405
### 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: 16 of the Constitution and deserves to be interfered with by this Court. 12. Learned counsel furt...
D. N. Roy And S. K. Bannerjee And Ors Vs. State Of Bihar And Ors
Mining lease to M/s D. N. Roy and S. K. Bannerjee and further direct them to throw open the area again under Rule 58 (1) of Mineral Concession Rules 1960 for regrant. The notification should clearly indicate the date from which the area could be available for re-grant and the date by which the petitioners should submit...
1[ds]4. It was urged before the High Court that the Government having passed the final order on September 30, 1964, it had no power to review its own order and make any further order. Admittedly there is no provision under the Mines and Minerals (Regulation and Development) Act, 1957 or under the Mineral Concession Rul...
1
1,987
631
### 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: Mining lease to M/s D. N. Roy and S. K. Bannerjee and further direct them to throw open the area again unde...
Pullangode Rubber and Produce Company Limited Vs. Commissioner of Agricultural Income Tax, Kerala
SHAH J.1. An appeal was filed before the Agricultural Income tax Appellate Tribunal by the appellant company claiming that an amount of Rs. 55, 708 received as an instalment of consideration payable under a deed dated February 19, 1962, was of the nature of capital and not income and was on that account not liable to b...
1[ds]There was no finding by the Tribunal that there were any attendant circumstances which indicated that the agreement did not record the covenant relating to the cutting of the trees and was intended to camouflage a grant of rights to tap latex from standing rubber trees. It was urged before the Tribunal that the wo...
1
1,013
576
### 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: SHAH J.1. An appeal was filed before the Agricultural Income tax Appellate Tribunal by the appellant co...
Baidyanath Ayurveda Bhawan Mazdoor Union, Patna Vs. Management of Shri Baidyanath Ayurveda Bhawan Private Limited and LRs
RANGANATH MISRA, J.1. This appeal by special leave is directed against the decision of the Patna High Court quashing an award of the Industrial Tribunal of Bihar in exercise of jurisdiction under Article 227 of the Constitution and the workmens union has carried the appeal.2. Two disputes were referred to adjudication ...
1[ds]On the finding by the Tribunal as also the High Court that attendance bonus was being paid from before and it being outside the purview of the Act, the High Court was not right in vacating the Award. The appeal must succeed and the award on this score has to be restored. If the employer had not challenged the Awar...
1
1,076
133
### 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: RANGANATH MISRA, J.1. This appeal by special leave is directed against the decision of the Patna High C...
Divisional Manager, Plantation Division, Andaman and Nicobar Islands Vs. Munnu Barrick and Ors
appeared for the respondents despite service of notice. 13. Domestic enquiry in an industrial establishment is governed by the Standing Orders applicable thereto. The employer, if it is a government company, or a society registered under the Societies Registration Act can also frame its rules and regulations governing ...
1[ds]14. From a perusal of the award passed by the Presiding Officer, Labour Court, it does not appear that the workmen had raised any contention as regards violation of any mandatory provision of such rules laying down the procedure for conducting departmental proceedings. Indisputably, however, the principles of natu...
1
2,268
690
### 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: appeared for the respondents despite service of notice. 13. Domestic enquiry in an industrial establish...
Ashok Chaturvedi Vs. Shitul H Chanchani
the High Court committed serious error in not quashing the cognizance merely because there is an allegation of forgery and being of the opinion that the same could be substantiated only during trial. Mr Desai also contended that in a compnay having share capital of 5 crores of 50 lakh shares of Rs. 10/- each at the poi...
1[ds]We are clearly of the opinion that the necessary ingredients of any of the offence have not been made out so far as the appellants are concerned. The petition of complaint is a vague one and excepting the bald allegation that the shares of the complainant have been transferred on the forged signatures, nothing fur...
1
1,384
358
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the High Court committed serious error in not quashing the cognizance merely because there is an allega...
Commnr.Of Wealth Tax, Hyderabad Vs. Trustees Of Heh
9 of the judgment. 24. The question as to whether the Valuation Officer is bound by Rule 1 -D or not was answered in the affirmative. 25. As regards the question as to whether the application of the break-up method in Rule 1-D means that the capital gains tax, which would be payable in case the said shares are sold on ...
1[ds]e question, therefore, must be answered having regard to the relevant provisions of the Wealth Tax Actthe Estate Dutyis not in dispute that on the death of holder of thethe provisions ofthe Estate DutyAct would be applicable. The estate duty so determined in terms of(2) of Section 74 of the Act shall be the first ...
1
5,632
505
### 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: 9 of the judgment. 24. The question as to whether the Valuation Officer is bound by Rule 1 -D or not was an...
The Associated Cement Cos. Limited Vs. Keshvanand
the accused. But if the presence of the complainant on that day was quite unnecessary then resorting to the step of axing down the complaint may not be a proper exercise of the power envisaged in the section. The discretion must therefore be exercised judicially and fairly without impairing the cause of administration ...
1[ds]20. The word "complainant" is not defined in theCode of Criminal Procedure, whether old or new. Any person can set the law in motion except in cases where the statute has specifically provided otherwise. The word "person" is defined in the Indian Penal Code (Section 11) as including "any company or association or ...
1
3,172
831
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the accused. But if the presence of the complainant on that day was quite unnecessary then resorting to the step of axing...
Kishore Kumar Khaitan Vs. Praveen Kumar Singh
entertaining a claim of this nature put forward by a plaintiff and hence the order is also vitiated by an erroneous approach to the question falling for decision. 12. The High Court, we must say, has also not properly exercised its jurisdiction under Article 227 of the Constitution of India. In fact, it has failed to e...
1[ds]It is necessary to notice at this stage that in an original suit of this nature, it was not appropriate for the Additional District Judge to pass an order directing the parties to maintain status quo, without indicating what the status quo was. If he was satisfied that the appellant before him had made out a prima...
1
4,159
2,971
### 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: entertaining a claim of this nature put forward by a plaintiff and hence the order is also vitiat...
Sayed Rehmanmiya Mustafamiya & Others Vs. The State Of Gujarat & Others
payable on all lands held, on the commencement of the Act, as Barkhali lands including Gharkhed, and land allotted under the Act. The provision made in Section 16 was that the lands were liable to payment of land revenue under the provisions of the Code and the Rules made thereunder. In that section, the Legislature di...
1[ds]4. It is true that the words "surveyed and settled" have not been defined in the Act; but, in Clause (v) of Section 2 of the Act, it is laid down that all words and expressions used, but not defined, in the Act shall have the meanings assigned to them in the Reforms Act. Again, in Section 2 (33) of the Reforms Act...
1
3,388
751
### 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: payable on all lands held, on the commencement of the Act, as Barkhali lands including Gharkhed, ...
National Textile Corporation Vs. S State of Maharashtra
as creating an encumbrance over the land falling within Section 4 (2) of the Act. In our view though by reason of the two notifications a burden is cast upon the land in question in that the land is subjected to the liability of being compulsorily acquired under the provisions of the Land Acquisition Act, such burden o...
0[ds]l for the appellant has strongly relied upon the expression shall vest absolutely in occurring in Section 3 (1) of the said Act and has further relied uponsubsection (2) of Section4 for the purpose of contending that the land has so vested in the Central Government freed from liability of being acquired under the ...
0
6,451
1,868
### 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: as creating an encumbrance over the land falling within Section 4 (2) of the Act. In our view though ...
Akshay N Patel Vs. Reserve Bank of India & Anr
is also felt that market economies should not exist in pure form. Some regulation of the various industries is required rather than allowing self-regulation by market forces. This intervention through regulatory bodies, particularly in pricing, is considered necessary for the welfare of the society and the economists p...
1[ds]10. The appellant is a citizen of India. He is also the Managing Director of Anzalp Herbal Products Private Limited, a corporate body which inter alia, engages in MTTs. In State Trading Corporation v. Commercial Tax Officer AIR 1963 SC 1811 , a nine-judge Bench of this Court has settled the question that corporati...
1
16,999
7,544
### 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: is also felt that market economies should not exist in pure form. Some regulation of the various ...
Abdul Hamid And Ors Vs. Union Of India And Ors. The General Manager
the appointment of the appellants herein was subject to the final decision of the writ petitions.8. It is thus apparent that the appointment of the appellants was subject to the final result of the writ petitions. The writ petitions were finally dismissed on 5th December, 2007 but the persons appointed were allowed to ...
1[ds]10. It is apparent that there is a policy of the Railways to grant regularization to these fresh face substitutes. We need not refer to all the circulars issued in this behalf, but a perusal of the documents especially those filed as additional documents clearly show that the Railways has a policy of regularizing ...
1
1,991
590
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the appointment of the appellants herein was subject to the final decision of the writ petitions.8. It is thus apparent th...
C.C.E.,VADODARA Vs. GUJARAT NARMADA VALLEY FER. CO. LTD
allowed. It is only a reflection of this larger principle which is contained in Rule 6. When Rule 6(1) says that the CENVAT Credit shall not be allowed on such quantity of inputs which is used in the manufacture of exempted goods, it relies upon the definition of ?inputs? contained in these Rules which certainly includ...
1[ds]9. Thus, the finding of this Court restates an important principle under the CENVAT Credit Rules, and which is inbuilt in the structure of the CENVAT Credit scheme, which is that Cenvat credit for duty paid on inputs used in the manufacture of exempted final products cannot be allowed. It is only a reflection of t...
1
4,200
926
### 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: allowed. It is only a reflection of this larger principle which is contained in Rule 6. When Rule 6(1...
Robin Ramjibhai Patel Vs. Anandibai Rama @ Rajaram Pawar & Others
resisted the claim of a subsequent purchaser seeking impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 (in short the CPC). Inspite of such opposition, the prayer for impleadment was allowed and the High Court did not interfere. Then the plaintiff moved this Court and the appeal by leave was allowed...
1[ds]9. In the aforesaid context, this Court also considered the provisions of Order I Rule 10 CPC and in paragraph 7 it expressed its view that the relevant provisions show that the necessary parties in a suit for specific performance of a contract for sale are not only parties to the contract or their legal represent...
1
1,579
272
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: resisted the claim of a subsequent purchaser seeking impleadment under Order I Rule 10 of the Code of Civil Procedure, 19...
THE STATE OF JHARKHAND Vs. M/S. AKASH COKE INDUSTRIES PVT. LTD
directing the Respondents to issue Refund Payment Order to the petitioner for an amount of Rs.12,32,496/- pertaining to the Financial Year 2005-06, being the admitted amount adjudicated by Respondents themselves in terms of Section 15(b) of the Central Sales Tax Act, 1956 towards the claim of the petitioner for reimbur...
1[ds]This is despite the fact that both the goods which were purchased by way of intra-State transaction and the goods which are subject matter of the inter-State transaction are both declared goods under Section 14 of the Act.It is on these pleadings that High Court proceeded to consider the petition and pass the orde...
1
2,715
158
### 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: directing the Respondents to issue Refund Payment Order to the petitioner for an amount of Rs.12,32,496/- per...
Commissioner Of Income-Tax, Madhya Pradesh Vs. Sir Hukumchand Mannalal & Co
Shah, J. 1. A firm styled Sir Hukumchand Mannalal and Company was formed under a deed dated July 16, 1948 to carry on the business of "managing and selling agents" of Hukumchand Mills Ltd. Sir Hukumchand and his son Rajkumar Singh were two of the five partners of the fine. They represented the interest of the Hindu und...
0[ds]5. The Indian Contract Act imposes no disability upon members of a Hindu undivided family in the matter of entering into a contract inter se or with a stranger. A member of a Hindu undivided family has the same liberty of contract as any other individual: it is restricted only in the manner and to the extent provi...
0
1,007
236
### 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: Shah, J. 1. A firm styled Sir Hukumchand Mannalal and Company was formed under a deed dated July 16, 1948 to carry...
Messrs. Burmah Construction Co Vs. The State Of Orissa And Ors
the assessments made in the light of the decision of this Court in respect of assessments made after the date of the petition. The appellants have appealed to this Court with special leave challenging the order in so far as their claim for refund is partially declared to be barred by the rule of limitation prescribed b...
0[ds]This appeal arises out of a proceeding filed in the High Court substantially to compel the Collector to carry out his statutory obligations under S. 14 of the Act.The High Court normally does not entertain a petition under Art. 226 of the Constitution to enforce a civil liability arising out of a breach of contrac...
0
1,710
330
### 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: the assessments made in the light of the decision of this Court in respect of assessments made after ...
AHMED ABDULLA AHMED AL GHURAIR (THROUGH THEIR POWER OF ATTORNEY HOLDER MR. BARTHOLOMEW KAMYA) Vs. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED
Counsel for the plaintiffs submitted that the Mysore Court was incompetent to deliver an effective judgment in respect of the shares. But by personal compliance with an order for retransfer judgment in favour of the plaintiffs could be rendered effective. Per Hidayatullah, J (Minority) : It only remains to consider the...
0[ds]From the material facts in this behalf, as mentioned in the plaint itself, specifically in paragraphs 54 and 55 of the plaint, while making the averments qua the cause of action and territorial jurisdiction, it becomes apparent that the plaintiffs got aggrieved by the draft Consolidated Financial Statement of Defe...
0
12,697
1,207
### 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: Counsel for the plaintiffs submitted that the Mysore Court was incompetent to deliver an effective judg...
Challamma Vs. Tilaga
had been arrived at by the courts below that all the subsequent documents clearly showed that not only the deceased married the first respondent but also he sought for allotment of a quarter as a married person. It is of some significance to notice that one Subba Rao, a personnel officer of the KPC while examining hims...
0[ds]In arriving at a finding of fact indisputably the learned trial judge was not only entitled to analyze the evidences brought on record by the parties hereto so as to come to a conclusion as to whether all the ingredients of a valid marriage as contained in Section 5 of the Hindu Marriage Act, 1955 stand establishe...
0
2,194
388
### 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: had been arrived at by the courts below that all the subsequent documents clearly showed that not onl...
Smt. P.K. Narayani & Others Vs. State of Kerala & Others
1. The petitioners have been serving as employees of the State of Kerala or of Public Section Corporations in that State for the past few years. By these writ petitions they contend that they are workmen within the meaning go the Industrial Disputes Act and ask for a declaration that the proposed termination of their e...
0[ds]5. We hope that the State Public Service Commission will be able to hold the next examination as early as possible preferably within a period of three months from today. These writ petitions involve in a human problem which has more that one facet. On one hand are the difficulties in which the petitioners find the...
0
459
161
### 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: 1. The petitioners have been serving as employees of the State of Kerala or of Public Section Corporations in that State f...
Manoj Sharma Vs. State & Others
Altamas Kabir, J. 1. Leave granted. 2. The question whether a First Information Report under Sections 420/468/471/34/120-B IPC can be quashed either under Section 482 of the Code of Criminal Procedure or under Article 226 of the Constitution, when the accused and the complainant have compromised and settled the matter ...
1[ds]In view of the nature of the offences set out in the complaint, the High Court did not consider it an appropriate case for exercising its jurisdiction under Article 226 of the Constitution for quashing theour view, the High Courts refusal to exercise its jurisdiction under Article 226 of the Constitution for quash...
1
1,084
262
### 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: Altamas Kabir, J. 1. Leave granted. 2. The question whether a First Information Report under Sections 420/468/471/34/120-B...
BALAJI ASSOCIATES THROUGH ITS PARTNERS Vs. THE STATE OF MAHARASHTRA
the Act, given to the municipal authorities, was increased from 6 months to 12 months by an Amending Act in 2009 (Mah. Act No. 16 of 2009); further, this time period was increased from 12 months to 24 months in 2015 (Mah. Act No. 42 of 2015 w.e.f 29.08.2015). From the aforesaid amendments, it can be noted that the legi...
1[ds]The statutory provision is clear and categorical. Section 127 (1), mandates that for an owner whose land is reserved, allotted or designated, in terms of final regional plan or developmental plan, needs to serve a notice to inform the municipality and seek its response concerning its interest in acquiring the land...
1
3,354
1,462
### 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 Act, given to the municipal authorities, was increased from 6 months to 12 months by an Amend...
Kochu Govindan Kaimal & Others Vs. Thayankoot Thekkot Lakshmi Amma & Others
testators should take all the properties. But if Kesavan Kaimal could himself agree to bequeath his properties to those legatees, we see nothing unnatural in his mother also agreeing to bequeath her properties to them - they being the heirs of the testators under the Marumakkattayam law. Learned counsel for the respond...
1[ds]We are unable to read any such implication in those words. It is difficult to imagine how properties which were to be acquired in future could form the subject-matter of a disposition in praesenti. On the other hand, the true purpose of his clause would seem to be to emphasise that the execution of the will does n...
1
3,227
661
### 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: testators should take all the properties. But if Kesavan Kaimal could himself agree to bequeath h...
Commissioner Of Income-Tax, West Bengal Calcutta Vs. Calcutta Discount Co., Ltd
this court in Commr. of Income-tax, Gujarat v. A. Raman and Co., 67 ITR 11 = (AIR 1968 SC 49 ). It is unnecessary to set out the facts of that case and it is sufficient to refer to the relevant observations in the judgment. Shah, J., (as he then was), speaking for the court stated the law at page 17 of the Report thus:...
0[ds]8. As seen earlier the Appellate Assistant Commissioner came to the conclusion that unless the Income-tax Officer on the basis of material before him is able to come to the conclusion that the assessee had really made profits in the transaction, it is not permissible for him to add back to the assessees return any...
0
2,740
728
### 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: this court in Commr. of Income-tax, Gujarat v. A. Raman and Co., 67 ITR 11 = (AIR 1968 SC 49 ). It is...
MAHESH KUMAR AGARWAL (DEAD) BY LRS Vs. NARESH CHANDRA & ORS
held that the contention, regarding the suit being premature as filed before expiry of six months from the date of the notice, must be treated to have been waived by the appellant. Joining issue on this question learned Senior Counsel, Shri Rao, for the appellant, invited our attention to a decision of this Court in th...
1[ds]7. We have already noticed the facts. Indeed, it is much after the period of six months of the notice given by the appellant that the proceeding has been instituted. We are, in fact, inclined to take the view that the notice which has been served would be in conformity with the proviso. However, we cannot proceed ...
1
3,325
1,709
### 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: held that the contention, regarding the suit being premature as filed before expiry of six months...
Rafiq and Another Vs. Munshilal and Another
DESAI, J.1. Special leave granted.2. We have heard Mr. O. P. Rana, learned counsel for the appellant, and Mr. A.K. Sanghi, learned counsel for the respondent. The High Court disposed of the appeal preferred by the present appellant in the absence of the learned counsel for the appellant. When the appellant became aware...
1[ds]The disturbing feature of the case is that under our present adversary legal system where the parties generally appear through their advocates, the obligation of the parties is to select his advocate, brief him, pay the fees demanded by him and then trust the learned advocate to do the rest of the things. The part...
1
620
643
### 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: DESAI, J.1. Special leave granted.2. We have heard Mr. O. P. Rana, learned counsel for the appellant, and ...
U. P. State Mineral Development Corporation and Another Vs. K. C. P. Sinha
by Rule 27 was substituted is not applicable to him and was wrongly applied. 14. Shri Tripathi has next submitted that even if clause (iv) of Rule 27 is held to be valid the application of the said rule in the case of the respondent suffers from the vice of arbitrariness inasmuch as the services of the respondent have ...
1[ds]In our opinion this submission is without substance. As pointed out by this Court in Shyam Lal (supra) compulsory retirement differs from dismissal or removal from service in the sense that while in the case of dismissal or removal involves loss of benefit already earned an officer who is compulsorily retired does...
1
4,273
422
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: by Rule 27 was substituted is not applicable to him and was wrongly applied. 14. Shri Tripathi has next submitted ...
Abdussukkur Vs. The State Of West Bengal
to enable the State Government to file an additional affidavit. When the case was taken up thereafter on May 24, 1972, Mr. Chatterjee, learned counsel for the State, stated that no additional affidavit was to be filed on behalf of the State. It would thus follow that the delay on the part of the State Government in con...
1[ds]The detenu in that case made a representation to the State Government on June 23, 1969 and the same was rejected by the State Government on August 9, 1969. It was held that the Government was guilty of the infraction of the Constitutional provision because of inordinate delay in considering the representation. The...
1
1,655
438
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: to enable the State Government to file an additional affidavit. When the case was taken up thereafter on May 24, ...
Mallavarapu Kasivisweswara Rao Vs. Thadikonda Ramulu Firm
obliged to prove it as a matter of fact and upon its failure to prove would disentitle him to the grant of relief on the basis of the negotiable instrument. The burden upon the defendant of proving the non-existence of the consideration can be either direct or by bringing on record the preponderance of probabilities by...
1[ds]12. Under Section 118(a) of the Negotiable Instruments Act, the court is obliged to presume, until the contrary is proved, that the promissory note was made for consideration. It is also a settled position that the initial burden in this regard lies on the defendant to prove the non-existence of consideration by b...
1
3,407
1,332
### 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: obliged to prove it as a matter of fact and upon its failure to prove would disentitle him to the gra...
Abraham T.J Vs. The State of Karnataka
1. Heard Mr. Salman Khurshid, learned senior Counsel along with Mr. Sriram Parakkat, learned Counsel for the Petitioner and Mr. Basavaprabhu S. Patil, learned senior Counsel along with Mr. M.R. Naik, learned Advocate General for the State of Karnataka. The present special leave petitions depict a picture where one can ...
0[ds]7. Ordinarily, we would have straightway dismissed the special leave petition but we are inclined to say something in addition. Shifting of "Mini Vidhan Saudha" of present nature by an executive decision to six kilometers away is not a matter of public interest. It does not espouse any kind of public cause. It rea...
0
662
130
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: 1. Heard Mr. Salman Khurshid, learned senior Counsel along with Mr. Sriram Parakkat, learned Counsel for the Petit...
State of Maharashtra Vs. Vyasendra
be clubbed together with the lands held by her husband and the other members of the family for the purpose of computing the ceiling on the holding of the family unit. That question arises in this appeal under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 27 of 1961, (The Act).2. The respondent Vyasendra...
1[ds]The circumstance that the land held by a constituent member of the family unit is separate property or stridhan property is a matter of no consequence whatsoever for the purpose of determining the ceiling area which the family unit can retain. The respondent, his wife and their minor sons and minor unmarried daugh...
1
1,137
242
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: be clubbed together with the lands held by her husband and the other members of the family for the purpose o...
Pandit Lakshmikanta Jha Vs. Commissioner of Income Tax, Bihar and Orissa
SHAH J.1. The income-tax Appellate Tribunal referred the following question (as directed by this court to the High Court of Patna under section 66(2) of the Indian Income-tax Act, for opinion "Whether, under the facts and circumstances of the case, the amount of Rs. 1, 30, 785 being the excess of sale proceeds of the b...
0[ds]In the present case the transaction which gave rise to the receipt sought to be brought to tax was of the nature of sale ; and it was not even contended that it was not intended to be a sale. It was argued, however, that the vendor and the purchaser being the same the profits arising therefrom were not taxable. Th...
0
312
90
### 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: SHAH J.1. The income-tax Appellate Tribunal referred the following question (as directed by this court ...
Dulichand Lakshminarayan Vs. The Commissioner Of Income-Tax,Nagpur
or paid to him. Conversely, separate property of a partner is applied first in the payment of his separate debts and the surplus, if any is utilised in meeting the debts of the firm (see S. 49, Indian Partnership Act, 1932). In the Indian Income-tax Act itself a firm is, by section 3, which is the charging section, mad...
0[ds]At the hearing before us it was at one time suggested that the partners of the firm consisted of the five individuals who had signed the deed and each of them had an equal share as specified therein and that as all the said five partners had signed the application for registration the requirements of section 26-A ...
0
3,660
899
### 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: or paid to him. Conversely, separate property of a partner is applied first in the payment of his separate debts and the s...
Sidhartha Sarawgi Vs. Board Of Trustees For Port Of Kolkata&Or
Central Government. (2) Subject to the provisions of sub- section (1), the form and manner in which any contract shall be made under this Act shall be such as may be prescribed by regulations made in this behalf. (3) No contract which is not made in accordance with the provisions of this Act and the regulations made th...
0[ds]2. Delegation is the act of making or commissioning a delegate. It generally means parting of powers by the person who grants the delegation and conferring of an authority to do things which otherwise that person would have to do himself. Delegation is defined in Blacks Law Dictionary as the act of entrusting anot...
0
3,967
1,798
### 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: Central Government. (2) Subject to the provisions of sub- section (1), the form and manner in which any cont...
Connectwell Industries Private Limited Vs. Union of India & Others
property by the Income Tax Department.16. The said schedule provides for procedure for recovery of tax. Rule 2 thereof reads as under:"Issue of notice. 2) When a certificate has been drawn up by the Tax Recovery Officer for the recovery of arrears under this Schedule, the Tax Recovery Officer shall cause to be served u...
0[ds]17. It is clear, therefore, that after notice under Rule 2 is served on the defaulter the defaulter or his representative in interest cannot deal with the property belonging to him except with the permission of the Tax Recovery Officer and under(2) of Rule 16, if any attachment has been made under this schedule an...
0
2,552
809
### 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: property by the Income Tax Department.16. The said schedule provides for procedure for recovery of tax. Rule 2 thereof read...
The New India Civil Erectors (P) Ltd Vs. Oil & Natural Gas Corpn
have awarded an amount of Rs. 49,91,327/-. The dispute between the parties is with respect to the method/mode of measuring the constructed area. The case of the respondent is that according to the tender conditions, as well as clause (10) of the aforesaid letter dated 5th March, 1984 (written by the appellant to the co...
1[ds]6. The appellants case, however, was that though the Schedule to the Tender notice did contain the above stipulation, the appellant had, in its letter dated 5th March, 1984, which was in the nature of a counter-offer, clearly stipulated that "ordinary portland cement; Rs. 8.30 per metric tonne, [each 50 kg. bag]" ...
1
2,425
1,045
### 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: have awarded an amount of Rs. 49,91,327/-. The dispute between the parties is with respect to the method/mode of measurin...
State Of Karnataka Vs. Arun Kumar Agrawal
for period of exclusivity, transference of existing permits and information, ability to induct partners and confidentiality. The next Memorandum of Understanding provided for promoters to undertake feasibility study, develop power sales structure and tariff design, all at considerable cost. The selection of Cogentrix w...
1[ds]10. In this case, we are constrained to observe that the High Court has lost sight of certain broad features of the case. The necessity for establishing thermal power station which is, in detail, considered by the High Court of Karnataka in Java Jaguibi Samithi v. Union of India, 1991(2) Kar. L.J. 524. The circums...
1
5,853
2,665
### 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: for period of exclusivity, transference of existing permits and information, ability to induct partners and confidentiality...
Indu Nissan Oxo Chemicals Ind.Ltd Vs. Union Of India
Oil Corporation (in short IOC).8. Learned counsel for the respondents on the other hand has submitted that there is no prima facie case and even if it is conceded for the sake of arguments that there is financial hardship, that cannot be a ground to dispense with pre deposit and in any event the balance of convenience ...
1[ds]9. We shall deal with first the issue relating to the question of stay/dispensation of pre deposit in respect of sick industry. In Metal Box India Ltd. v. Commissioner of Central Excise, Mumbai (2003 (155) ELT 13 (S.C.), this Court had clearly observed asRana Mukherjee, the learned counsel for the appellants submi...
1
2,128
1,042
### 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: Oil Corporation (in short IOC).8. Learned counsel for the respondents on the other hand has submitted that there is no prim...
RAJASTHAN CYLINDERS AND CONTAINERS LIMITED Vs. U.O.I AND ANR
of United States in Monsanto Co. v. Spray-Rite Service Corp. 17 is relevant and is reproduced hereunder: 16 17 The correct standard is that there must be evidence that tends to exclude the possibility that the manufacturer and non-terminated distributors were acting independently. That is, there must be direct or circu...
1[ds]Though the expression collusive bidding is not defined in the Act, it appears that both bid rigging and collusive bidding are overlapping concepts. This position stands accepted in Excel Crop Care Limited case which should be found from the following discussion therefrom:38. Mr Neeraj Kishan Kaul, learned Addition...
1
24,766
3,620
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: of United States in Monsanto Co. v. Spray-Rite Service Corp. 17 is relevant and is reproduced hereunder: 16 17 The...
UNION OF INDIA Vs. BHARTI AIRTEL LTD. & ORS
Gujarat High Court and the Delhi High Court. The conclusion so recorded by the Punjab & Haryana High Court will have no bearing on the facts of this case in light of the opinion expressed in this judgment, as we have held that consequent to submission/filing of Form GSTR-3B, as envisaged by the 2017 Act, it can be rect...
1[ds]30. At the outset, the preliminary issue raised by the appellant regarding jurisdiction of the Delhi High Court to entertain the writ petition or that the writ petition suffered from the vice of non- joinder of the necessary parties including that the High Court could not have issued a writ of mandamus, need not d...
1
12,531
4,202
### 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: Gujarat High Court and the Delhi High Court. The conclusion so recorded by the Punjab & Haryana High Court will have no be...
Gujarat Pottery Works Vs. B. P. Sood, Controller Of Mining Leases For India & Ors
persons, viz., the lessors and the lessees, differently. The contention is not open to the appellant in view of Art. 31A (1) (e). Further, the modifications have not been made to benefit the owners. They have been made in the public interest. It is only incidental that the lessors may get some advantage. It may be ment...
1[ds]11. We are, therefore, of opinion that the lease in favour of Jagmal was really granted in December 1939 and that the execution of the lease in November 1951 was only to give a formal shape to the lease granted much earlier. The lease in suit, therefore, is a lease which comes within the expression existing mining...
1
4,349
1,598
### 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: persons, viz., the lessors and the lessees, differently. The contention is not open to the appellant in...
Karnataka Electricity Board Vs. Gulam Mohiuddin
the Resolutions and holding that the respondent is exempted from passing the S.A.S. examination before qualifying for the promotion. Before referring to the two Resolutions the relevant provisions of the law and Regulations made thereunder may be referred to. The Electricity (Supply) Act, 1948, by section 79 empowers t...
1[ds]The three Government orders referred to in the Resolution relate to the requirement of passing of the Departmental Examination and Kannada language test as a consequence of the judgment of the High Court of Mysore and the Supreme Court. The orders specifically states that unless. in the Recruitment Rules relating ...
1
1,751
653
### 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 Resolutions and holding that the respondent is exempted from passing the S.A.S. examination b...
Mahesh Anantrai Pattani And Another Vs. The Commissioner Of Income-Tax, Bombay North, Ahmedabad
as gift". The word gift does not alter the nature of the payment. The Maharaja indeed made a gift, as he had stated over again; but this order quite clearly discloses that it was by way of remuneration for past services. The case, therefore, falls within the ruling of the Supreme Court reported in 1959 Supp (1) SCR 133...
1[ds]There is no mention in the document of December 1950 of any services rendered to the Maharaja and it does not seem to have been considered by the Tribunal as to why the Maharaja should make out of his personal account the gift of such a large amount for something which was not done for the Maharaja specifically, p...
1
6,506
191
### 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: as gift". The word gift does not alter the nature of the payment. The Maharaja indeed made a gift, as he ha...
Federal Bank Ltd Vs. Sagar Thomas
India under a Statute or the Central Government. Even if it was with the Central Government in place of the Reserve Bank of India it would not have made any difference, therefore, the argument based on the decision of All India Bank Employees Association (supra) does not advance the case of the respondent. It is only i...
1[ds]32. Merely because the Reserve Bank of India lays the banking policy in the interest of the banking system or in the interest of monetary stability or sound economic growth having due regard to the interest of the depositors etc. as provided under Section 5(c)(a) of the Banking Regulation Act does not mean that th...
1
12,029
428
### 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: India under a Statute or the Central Government. Even if it was with the Central Government in place of the Reserve Bank of...
E.V. Mathal Vs. The Subordinate Judge, Kottayam and Ors
if it had not expired, may be instituted, continued or enforced under the corresponding provisions of this Act."Reference in this connection may also be made to Section 4 of the Kerala Interpretation and General Clauses Act, 1125 (Act 7 of 1125):"4. Where any Act repeals any enactment hitherto made or hereafter to be m...
0[ds]We find ourselves unable to accept this contention.The proviso to Section 34 (1) lays down that a legal proceeding which could have been instituted, continued or enforced under the repealed Act of 1959 may be instituted under the corresponding provisions of the new Act. Mr. Daphtary tried to meet this by urging th...
0
1,965
745
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: if it had not expired, may be instituted, continued or enforced under the corresponding provisions of this Act."Reference...
State Of Jharkhand Vs. Voltas Ltd. East Singhbhum
item does not come within List II or List III of the Seventh Schedule to the Constitution, then it can only be the Central legislature i.e. the Parliament which can levy tax either under List I or under the residual provision contained in Article 248 thereof. 9. Section 21 of the Bihar Sales Tax Act, as amended states:...
0[ds]13. We fully agree with the view taken by the Patna High Court in the aforesaid decision. It is not merely the labour charges which are deductible from the value of the works contract, but all other charges/amounts also, except the value of the goods sold in execution of the works contract. This is because only th...
0
1,873
529
### 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: item does not come within List II or List III of the Seventh Schedule to the Constitution, then it can only ...
Commissioner Of Income-Tax, Patiala & Ors Vs. M/S. Shahzada Nand & Sons & Ors
a rule of construction, but it has no universal application. To invoke it, the general and special provisions shall occupy the same field. In this case, both during the period between the amendments of 1954 and 1956 thereafter they occupied different fields. By July 17, 1954, when sub-s. (1A) was introduced in S. 34, n...
0[ds]11. Section 34 (1) (a), as it now stands on the statute book, expressly states that in cases falling under Cl. (a) of sub.s. (1) notice can be served thereunder on an assessee at any time. The terms of S. 34 (1) (a), read with the 2nd proviso, take in the concealed incomes of all the years commencing from the year...
0
6,569
2,858
### 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: a rule of construction, but it has no universal application. To invoke it, the general and special provisions sha...
Kavalappara Kottarathil Kochunnimoopil Nayar Vs. The State Of Madras And Others(And Connected Petition)
is quite clear to us that that by itself does not make the Act a thing done in the exercise of judicial power. The legislature has the power to give retrospective operation to an Act. That of course interferes with vested rights but the legislature can interfere with such rights in the exercise of its legislative power...
1[ds]The object of the amendment relevant to the present enquiry was only to enable the State to implement its next objective in the land reform, namely, the fixing of limits to the extent of agricultural lands that may be owned or occupied by any person, the disposal of any land held in excess of the prescribed maximu...
1
26,237
2,724
### 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: is quite clear to us that that by itself does not make the Act a thing done in the exercise of judicial power. Th...
SRINIVASAN IYENGAR Vs. BIMLA DEVI AGARWAL
policy bearing contract No. 51168554, the medical report of complainant has been shown to be enclosed therein which has been issued by the Accused no. 11 Sales Manager of the Reliance Life Insurance Company Ltd.4.9 It was then further alleged that, on receipt of the said two policies, on being surprised, the complainan...
1[ds]11. Having heard the learned counsel appearing on behalf of the respective parties and that now the parties have settled the dispute amicably and that the dispute between the parties seems to be having predominant element of a civil dispute and the origin is predominantly or overwhelming a civil dispute, we are of...
1
2,055
155
### 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: policy bearing contract No. 51168554, the medical report of complainant has been shown to be encl...
State Of Goa Vs. Sanjay Thakran
around 00.30 a.m. at the Benaulim Beach. No evidence was led by the prosecution to prove the fact that there was no possibility of any other person approaching D-1 on the beach which is a public place, during the intervening period when A-1 was last seen with the deceased and when the crime was detected.27. We shall no...
1[ds]25. From the principle laid down by this Court, the circumstance of last-seen together would normally be taken into consideration for finding the accused guilty of the offence charged with when it is established by the prosecution that the time gap between the point of time when the accused and the deceased were f...
1
10,983
2,011
### 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: around 00.30 a.m. at the Benaulim Beach. No evidence was led by the prosecution to prove the fact that ...
U.P. State Tourism Development Corpn Vs. I.B. Misra
High Court in coming to the aforesaid conclusion stands on a different footing. In that case, in clause (1) of Regulation 3 of the Gujarat Housing Board Services Classifications of and Recruitment Regulations, 1981, there were three modes for appointment to the post of Assistant Housing Commissioner (Technical), [now S...
1[ds]11. This Court construed clause (1) of Regulation 3 in the light of clause (3) of the said Regulation to hold that the post must be filled by promotion of eligible Executive Engineers of the Housing Board on the basis of seniority-cum-merit and it is only if no suitable candidate is available from amongst the Exec...
1
3,128
636
### 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: High Court in coming to the aforesaid conclusion stands on a different footing. In that case, in clause (1) ...
B.K. PAVITRA Vs. UNION OF INDIA
of Indra Sawhney holds that the creamy layer principle is a principle of equality. 138. Though, we have not accepted the above submission which was urged by Ms Jaising on behalf of the intervenors, we will have to decide as to whether the Reservation Act 2018 is unconstitutional. The challenge in the present case is to...
0[ds]60. Besides the Governor, the legislatures of the States consist of a bicameral legislature for some States and a unicameral legislature for others.62. Where a Bill is not a Money Bill, the Governor may return the Bill for reconsideration upon which the House or Houses, as the case may be, will reconsider the desi...
0
39,819
7,085
### 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: of Indra Sawhney holds that the creamy layer principle is a principle of equality. 138. Though, we have not ...
Ramji Dayawala & Sons (P) Ltd Vs. Invest Import
Procedure, 1908, if any party to a submission made in pursuance of an agreement to which the protocol set forth in the First Schedule as modified by the reservation subject to which it was signed by India applies, or any person claiming through or under him, commences any legal proceeding in any court against any other...
1[ds]Undoubtedly, subcontract marked Ex. A has been signed both by the Managing Director of theand by one Mr. Petrovije on behalf of theThird paragraph of Article 12 of subcontract Ex. A recites an arbitration agreement. The provision is for a reference of disputes arising out of the subcontract to foreign arbitral tri...
1
12,236
4,906
### 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: Procedure, 1908, if any party to a submission made in pursuance of an agreement to which the protocol set forth in the Fir...
MAHARASHTRA STATE ELECTRICITY DISTRIBUTION CO. LTD Vs. UNION OF INDIA AND OTHER
was also submitted that neither Section 44 nor any other provisions of the Act of 1948 enabled MSEB to impose any condition in the grant of consent, such as maintenance of contract demand at a particular level. The Board cannot unilaterally revise the charges in breach of such stipulations fixing the special tariff. A ...
1[ds]The circular issued before that could not have been quashed on the ground that MSEB had no power to issue them without the approval of the Commission. The decisions in that regard of Commission as well as of APTEL are liable to be set aside27. As dispute pertains to the period from 2.9.1999 to 28.4.2000, and it is...
1
4,252
316
### 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: was also submitted that neither Section 44 nor any other provisions of the Act of 1948 enabled MSEB to impose any conditio...
PUNJAB STATE POWER CORPORATION LIMITED Vs. EMTA COAL LIMITED & ANR
1. The impugned judgment dated 10.12.2019 is grounded on the fact that the impugned order passed by the Arbitral Tribunal on 08.01.2017 was challenged only 2½ years late and the petitioner filed the writ petition at the last minute after the arguments had concluded before the Arbitral Tribunal. Based on this ground, th...
0[ds]4. We are of the view that a foray to the writ Court from a section 16 application being dismissed by the Arbitrator can only be if the order passed is so perverse that the only possible conclusion is that there is a patent lack in inherent jurisdiction. A patent lack of inherent jurisdiction requires no argument ...
0
570
207
### 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: 1. The impugned judgment dated 10.12.2019 is grounded on the fact that the impugned order passed by the...
Sarita Nagari Phase ?? 2 Co-Operative Housing Society Limited & Others Vs. The State of Maharashtra, Through The) Minister For Co-Operation & Others
residence or place of business of such person which shall be within the city, town or village in which the building is located;(i) Provision as to the percentage of votes by the apartment owners which shall be determinative of whether to rebuild, repair, restore, or sell the property in the event of damage or destructi...
1[ds]25. The learned counsel appearing on behalf of the Respondent Developer is correct when he points out that although references have been made to formation of Cooperative Society at various places in the flat purchasers agreement, at the same time reference is also made to apartments/corporate body and that clause ...
1
12,249
2,511
### 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: residence or place of business of such person which shall be within the city, town or village in which the b...
Reunion Engineering Company Private Limited Vs. Mrs.Uma Kumar
the Company namely that the debt is time barred. Before the learned single Judge, it appears, two contentions were raised, (i) that giving of C-Form alongwith letter dated 19-9-2003 amounts to payment of part of the debt under Section 19 of the Limitation Act, and (ii) it was claimed that by reply to the statutory noti...
1[ds]We have heard the learned Counsel for both sides. In our opinion, even accepting the finding recorded by the learned single Judge that in the reply to the statutory notice there is an implied promise made to pay the debt, which was barred by limitation, still in our opinion, it will not amount to promise to pay th...
1
1,283
894
### 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 Company namely that the debt is time barred. Before the learned single Judge, it appears, two contenti...