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Kartar Singh Vs. The Union of India
of principles of natural justice as necessary documents were not supplied to the appellant and (31 that this is not a case which the High Court should have dismissed in limine,9. The learned Counsel for the respondent, Mr. Dhebar, sought permission to produce some additional documents but we did not accede to his reque...
1[ds]9. The learned Counsel for the respondent, Mr. Dhebar, sought permission to produce some additional documents but we did not accede to his request because the order of the Central Board of Revenue places reliance only on the four facts or inferences mentioned in the order and no reference was made therein to any o...
1
2,657
249
### 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: of principles of natural justice as necessary documents were not supplied to the appellant and (31 that...
State of M.P. & Another Vs. Kedia Great Galeon Ltd. & Another
and others v. KCT Drinks Ltd., (2003) 4 SCC 748 , had occasion to consider the M.P. Excise Act, 1915 , Section 27. In the above case condition 8 of the licence provides that the licensee shall pay the full cost of excise supervisory staff posted at the premises of the licensee. Although, judgment of Lilasons was cited ...
1[ds]22. Those who come forward to seek the above privilege of the State to manufacture or sell the liquor have to abide by the statutory regulations and terms and conditions of the licence. The privilege is not thrust upon anyone rather it is sought by intending persons or parties by participating in auctions for sett...
1
8,375
4,060
### 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: and others v. KCT Drinks Ltd., (2003) 4 SCC 748 , had occasion to consider the M.P. Excise Act, 1915 , Section 27....
M/s. Haabia Advertising India Pvt. Ltd Vs. United India Insurance Co. Ltd. & Another
1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant is an Advertising Company. It is engaged in the business of putting up advertisements through hoardings and sky-signs at Visakhapatnam. In 1994, the appellant filed complaint under Section 17 of the Consumer Protection Act, 1986 (for short, "t...
1[ds]In our view, the reason assigned by the National Commissions for refusing to entertain the claim of the appellant is legally untenable and the impugned order is liable to be set aside because the writ petition and contempt petition filed by the appellant against the Municipal Corporation in the matter of alleged i...
1
261
76
### 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. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant is an Advertising Company. It is enga...
Bombay Gas Co. Ltd Vs. Jagannath Pandurang & Others
the Judicial Committee in Surapati Ray and others v. Ram Narayan Mukherjee and others, 50 I.A. 155. In that decision the question arose under S. 110 of the Code of Civil Procedure, 1908, regarding the validity of the certificated granted by the High Court. Though the rent claimed in the suits was less than Rs. 10,000 t...
1[ds]16. From the above, it will be seen that the High Court has not given any indication as to how it issued the certificate under Art. 133(1)(b). But one thing is clear that it did not grant the certificate on the basis of the claim made by the appellant either under cl. (a) or cl. (c) Art. 133(1). On the basis of th...
1
9,063
3,105
### 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 Judicial Committee in Surapati Ray and others v. Ram Narayan Mukherjee and others, 50 I.A. 155. In that d...
Commissioner Of Customs, Mumbai Vs. M/S Clariant (India) Limited, Worli
the present case the respondent had waived the show cause notice.3. By order dated 15.12.1994 passed by the adjudicating authority, it was held that there was no mutuality of interest between the respondent company and M/s Sandoz Quinn, and that the fees payable were not includible in the assessable value of the raw ma...
1[ds]9. We do not agree with the approach of the Tribunal for the following reasons. Firstly, in the present matter the adjudicating authority proceeded on the basis that the above two companies were not related to each other. The entire finding of the adjudicating authority is based on the premise that the two compani...
1
1,471
617
### 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 present case the respondent had waived the show cause notice.3. By order dated 15.12.1994 passed by the adjudicating a...
Birla Jute Manufacturing Company and Another Vs. State of Madhya Pradesh and Others
Appellant 1 herein is a company (hereinafter referred to as "the Company") registered under the Companies Act and has a factory in the district of Satna in the State of Madhya Pradesh where it is manufacturing cement. On the basis of agreement between the Company and the State of Madhya Pradesh, the State of Madhya Pra...
0[ds]There is no material before us to come to this conclusion that the undertaking given by the appellant was under duress. On the contrary we find that the appellant had given the solemn undertaking voluntarily. We, therefore, find no merit in the appeal.
0
589
52
### 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: Appellant 1 herein is a company (hereinafter referred to as "the Company") registered under the Compani...
Commissioner Of Income-Tax, Gujarat Vs. Kantilal Nathuchand Sami
set off against his other income, or carried forward and set off in accordance with the provisions of S. 24.We do not think that this proviso refers to the loss incurred by a registered firm in speculative business which is not to be taken into account when computing the total income of the registered firm under S. 23 ...
1[ds]In interpreting this provision the purpose of S. 24(1) and (2) has to be kept in view. Under the Act, the Income-tax Officer has to determine the total income of an assessee under Section 23 (1), (3), or (4) of the Act. In determining this, total income, under all the various heads enumerated in S. 6 has to be tak...
1
3,718
3,340
### 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: set off against his other income, or carried forward and set off in accordance with the provisions of S. 24....
Asraf Alli Vs. M/s. Naveen Hotels Ltd. & Another
coupled with Exh.P-8 to P-10, it is evident that the petitioner was running poultry farm. According to the petitioner he was earning Rs.5000-00 per month. Taking into consideration the age, date of accident and the avocation undertaken by the petitioner, I consider his monthly earnings at Rs.3,000/- as against Rs.5,000...
1[ds]The fact that an accident had taken place on 14.9.1998 is not in dispute. It is also not in dispute that in the said accident appellant had suffered grievous injuries. PW3, Dr. Basavaraj Dodamani, in his evidence stated that appellant had been walking with the help of crutches and his left lower limb had been ampu...
1
1,459
390
### 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: coupled with Exh.P-8 to P-10, it is evident that the petitioner was running poultry farm. According to the ...
The Ahmedabad Mfg. & Calicoprinting Co., Ltd Vs. S. C. Mehta, Income-Tax Officerand Another
the Indian Income-tax (Amendment) Act, 1953., In both the cases there was a final assessment of the incomes of partners in registered firms. Later the assessment of the registered firms took place and it was found that the share of income of the partners was larger than what had been assessed. Under s. 35 (1), as it st...
0[ds]7. There is no doubt that the words "subsequently " and "in any year" mean in any year subsequently to the year in which the rebate was granted. They would, therefore, clearly include a year before thesubsection came intoforce. But it is said that these words should in view of the rule be read as not including a y...
0
11,194
3,738
### 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 Indian Income-tax (Amendment) Act, 1953., In both the cases there was a final assessment of the income...
ANIL KUMAR Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.
Abhay Manohar Sapre, J.1. This appeal is filed by the claimant against the final judgment and order dated 19.03.2015 passed by the High Court of Karnataka Bench at Dharwad in Misc. First Appeal No. 24385 of 2011(MV) whereby the High Court dismissed the appeal filed by the claimant (appellant herein) and affirmed the ju...
1[ds]11. In our considered opinion, the High Court erred in dismissing the claimants appeal and thus committed an error in not further enhancing the compensation. In other words, the appellant was able to make out a case for further enhancement in the quantum of compensation awarded by the Tribunal and, therefore, he i...
1
993
647
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: Abhay Manohar Sapre, J.1. This appeal is filed by the claimant against the final judgment and order dated 19....
Rajah S. V. Jagannath Rao Vs. Commissioner Of Income-Tax, Hyderabad
consider the third question. In the assessment year 1957 Fasli, a, sum of Rs. 14,390 was claimed as --expenses under S. 14 (5) (a) or S. 14 (5) (b) of the Hyderabad Income-tax Act. A sum of Rs. 33,079 was similarly claimed for the assessment year 1358 Fasli. The sum of Rs.14,390 has been shown in the assessment year as...
1[ds]3. The second question mentioned above is covered by the decisions of this Court in Union of India v. Madan Gopal Kabra, 1954 S C R 541: (AIR 1954 SC 158 ) and Rajputana Mining Agencies Ltd. v. Union of India, Civil Appeal No. 26 of 1956, D/- 31-8-1960 : (AIR 1961 S C 56), and was, therefore, rightly answered aga...
1
2,967
677
### 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: consider the third question. In the assessment year 1957 Fasli, a, sum of Rs. 14,390 was claimed ...
SOMASUNDARAM @ SOMU Vs. THE STATE REP. BY THE DEPUTY COMMISSIONER OF POLICE
been found guilty under Section 365 of the IPC. A3, A5, A6 and A8 stand convicted under Section 365 of the IPC with the aid of Section 109 of IPC. All of them have also been convicted under Section 364 of the IPC. In this regard there is a dichotomy involved. The law attaches criminality to the act or omission by a per...
1[ds]53. Thus, to sum-up, abetment, as defined is a substantive offence. The punishment for it varies according to different circumstances. If the act which is abetted is done in pursuance to the abetment, the punishment is graver, as can been seen from Section 109 of the IPC, as the punishment is for the offence which...
1
42,376
13,649
### 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: been found guilty under Section 365 of the IPC. A3, A5, A6 and A8 stand convicted under Section 365 of the IP...
Tejkumar Balakrishna Ruia Vs. A.K.Menon
suddenly inherit some assets. This would become a method to defeat the object of the Act and could not be permitted. The Special Court then dealt with the provisions of Section 3(3) and held that the words therein "on and from the date of the notification" meant that all assets which were available on the date of the n...
1[ds]5. In our view, the terms of sub-section (3) of Section 3 are clear. By reason thereof, the property that belongs to a notified person stands attached simultaneously with the issue of the notification that makes him a notified party. The words "on and from the date of notification" indicate the point of time at wh...
1
1,589
410
### 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: suddenly inherit some assets. This would become a method to defeat the object of the Act and could not be per...
Banarasi Devi Vs. Income Tax Officer & Others
"where a notice under sub-s. (1) has been issued within the time therein limited." In sub-s. (1) no time is limited for the issue of the notice: time is only limited for the service of the notice; and therefore it is more appropriate that the expression "issued" used in the proviso to sub-s. (3) should be equated with ...
0[ds]To the present case the general rule of construction of fiscal Acts would apply, and not the exception engrafted on that rule; for S. 4 of the Amending Act cannot be described as a provision laying down the machinery for the calculation of tax. In substance it enables theess a persons income which has escaped asse...
0
3,872
1,231
### 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: "where a notice under sub-s. (1) has been issued within the time therein limited." In sub-s. (1) no time is limited for the ...
Veerappa Pillai Vs. Raman & Raman Ltd. And Others
urged two narrower grounds as sufficient for his purposes. Firstly, he urged that however wide the jurisdiction of the High Court might be under Art. 226, it could never exercise its powers under the Article in such a manner as to convert itself into a Court of appeal sitting in judgment over every tribunal or authorit...
1[ds]Such writs as are referred to in Art. 226 are obviously intended to enable the High Court to issue them in grave cases where the subordinate tribunals or bodies or officers act wholly without jurisdiction, or in excess of it, or in violation of the principles of natural justice, or refuse to exercise a jurisdictio...
1
4,536
242
### 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: urged two narrower grounds as sufficient for his purposes. Firstly, he urged that however wide the juri...
The State Of Bihar Vs. Kumar Amar Singh And Others(And Connected Appeal)
July, 1950, challenging the validity of the notification dated the 2nd September 1949, issued by the Deputy Custodian under the Bihar Administration of Evacuee Property Ordinance, 1949, declaring the wakf estate as evacuee property and taking possession thereof. Three main grounds on which this has been contested are a...
1[ds]The definitions of the phrase "evacuee property" in the Central Ordinance and by the Central Act are clear and unambiguous so as to include the interest of an evacuee in any property held as a trustee or beneficiary. There is no reason to think that "evacuee property" as defined in the Bihar Ordinance was meant to...
1
3,322
899
### 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: July, 1950, challenging the validity of the notification dated the 2nd September 1949, issued by the Deputy Custodian unde...
State Of W.B Vs. Narayan K. Patodia
which the offence is investigated or tried." 13. The Constitution Bench which decided A.R. Antulay v. R.S. Nayak, 1984(2) SCC 500 has cautioned that the Code is the parent statute which provides for investigations, inquiry into, and trial of cases and unless there is specific provision in other statute to indicate a di...
1[ds]15. The offence envisaged in(6) is specifically created as supplemental to any other penalty provided by any law for the time being in force. This means, offences falling under the Indian Penal Code and committed by a person while committing the offence contemplated in(6) cannot get displaced for the sole reason t...
1
2,801
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: which the offence is investigated or tried." 13. The Constitution Bench which decided A.R. Antulay v. R.S. Nayak, ...
Nathulal Vs. Phoolchand
).6. Phoolchand could be called upon to pay the balance of the price only after Nathulal performed his part of the contract. Phoolchand had an outstanding arrangement with his Banker to enable him to draw the amount needed by him for payment to Nathulal. To prove himself ready and willing a purchaser has not necessaril...
0[ds]4. In the view of the Trial Court Phoolchand was unable to procure the amount of Rs. 21,000 which he had agreed to pay on or before May 7, 1951 and on that account he had committed breach of the contract. The High Court held that Nathulal was not guilty of breach of contract, for Phoolchand had arranged with a Ban...
0
1,997
728
### 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: ).6. Phoolchand could be called upon to pay the balance of the price only after Nathulal performed his part of the...
Mahant Narayana Dasjee Varu & Others Vs. The Board of Trustees Tirumalai Tirupathi, Devasthanam & Others
profits and the interest thereon to be made for the purpose of the total carrying further interest? (2) What is the rate of interest to be charged. The learned trial Judge allowed interest at 6 per cent for the calculation of interest which is part of mesne profits. Having calculated mesne profits on this basis he aggr...
0[ds]We see no substance in this argument. In the first place, we do not have the Judgment of the High Court on the former occasion to ascertain the exact scope of the observation they then made. Next, the learned Judges of the High Court have themselves referred to this observation and have proceeded to state that the...
0
3,953
2,289
### 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: profits and the interest thereon to be made for the purpose of the total carrying further interes...
Mahanadi Coalfields Ltd & Anr Vs. M/s IVRCL AMR JOINT VENTURE
(P) Ltd. v. Mahanadi Coalfields Ltd consisting of J Chelameswar and A. K. Sikri, JJ. (2014) 10 SCC 630 In the said case, the clause was interpreted as an alternative remedy at the company level to be exhausted before taking recourse to other suitable legal remedies. It was observed: 10. From the aforesaid narration of ...
1[ds]9. In Jagdish Chander v. Ramesh Chander (2007) 5 SCC 719, a two-judge bench of this Court, while relying upon the earlier decisions in K. K. Modi v. K. N. Modi (1998) 3 SCC 573, Bharat Bhushan Bansal v. U.P. Small Industries Corpn. Ltd (1999) 2 SCC 166, Bihar State Mineral Development Corpn v. Encon Builders (I...
1
3,331
1,830
### 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: (P) Ltd. v. Mahanadi Coalfields Ltd consisting of J Chelameswar and A. K. Sikri, JJ. (2014) 10 SCC 63...
Narayanan Sankaran Mooss Vs. The State Of Kerala And Another
successful showing that the order of revocation has been made without the Government applying its mind to the aspect of public interest or without forming an honest opinion on that aspect, it will, we have no doubt, be void. The phrase "after consulting the State Electricity Board" is sandwiched between the clause "if ...
1[ds]4. Counsel for the State Government and the Board have raised a preliminary objection. They point out that the argument advanced by Sri Sen was neither raised in the writ petition nor urged before the High Court. According to them it should not be allowed to be raised in this Court. It is true that the point is no...
1
5,567
1,341
### 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: successful showing that the order of revocation has been made without the Government applying its mind to th...
Navjot Singh Sidhu Vs. Om Prakash Soni
the election petitioner was that the returned candidate had used posters, banners and wall-paintings canvassing for votes in the name of Hindu religion. The election petitioner specifically averred that he had taken photographs of the wall-paintings which, however, were not enclosed to the Election Petition. The Electi...
1[ds]We, therefore, hold that the averments made with regard to election expenses in paragraph 10 and 11 of the Election Petition require to go for a full-fledged trial and the appeal insofar as the aforesaid part of the decision of the High Court has to fail.12. In paragraphs 12 to 15 of the Election Petition, the res...
1
3,388
833
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the election petitioner was that the returned candidate had used posters, banners and wall-paintings canvassing for votes i...
Amarjit Singh Ahluwalia Vs. The State Of Punjab & Ors
that clause (2) (ii) of the memorandum dated 25th October, 1965 was in the nature of administrative instruction, not having the force of law, but the State Government could not at its own sweet will depart from it without rational justification and fix an artificial date for commencing the length of continuous service ...
0[ds]The measure or yard-stick for adjusting inter se seniority of the officers coming from the two services should be the length of continuous service of each from the date of appointment in his group. This was the principle laid down in clause (2) (ii) of the memorandum dated 25th October, 1965 for bringing about int...
0
4,281
1,736
### 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: that clause (2) (ii) of the memorandum dated 25th October, 1965 was in the nature of administrative i...
Union of India Vs. Steel Stock Holders' Syndicate, Poona
2, 974/2/- as claimed by the plaintiff could not be allowed in the absence of there being any contract justifying the charging of such interest. This Court was not at all concerned with a case like the present one where the plaintiff has merely claimed damages pure and simple and in order to assess the same had applied...
0[ds]We are, however, unable to accept this argument. It is well settled that while the Indian Contract Act merely provides certain elementary conditions under which the contract becomes binding on the parties, it does not provide any particular form or condition of a contract. It is, therefore, clear that the parties ...
0
6,606
1,127
### 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: 2, 974/2/- as claimed by the plaintiff could not be allowed in the absence of there being any contract justi...
Jahiruddin Vs. K.D. Ratmi, Factory Manager, The Model Mills Nagpur Ltd
Act No. XXII of 1947 ) and the Industrial Disputes Act, 1947 (XIV of 1947)".The contention urged on behalf of the Mills proceeds on the assumption that the right to claim reinstatement has been granted by S. 16 of the State Act. As we have already stated, S. 16 only recognises the right of a dismissed employee, in appr...
1[ds]18. We may now summarise the conclusions reached by us as a result of the above discussion. The right of an employee to claim reinstatement on a wrongful dismissal exists de hors S. 16 of the State Act Section 16 provides a forum for a dismissed employee to claim reinstatement but does not create a right. The effe...
1
3,544
178
### 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: Act No. XXII of 1947 ) and the Industrial Disputes Act, 1947 (XIV of 1947)".The contention urged on behalf of the Mills p...
Official Liquidator, High Court, Bombay Vs. Taru Jethmal Lalvani
that the liability of the deceased respondent No. 16 does not survive and hence he as an heir, cannot be brought on record, cannot be accepted. ( 12 ) THE present case, however, is somewhat different from the above cases decided by the Supreme Court. In the present case, respondent Nos. 1 and 16 had died before the mis...
0[ds]We do not see why a misfeasance summons should not be governed by the same principles. He further submits that even though the misfeasance summons is taken out against dead respondents, their heirs can be subsequently brought on record even beyond the period prescribed under section 543 (2), because according to h...
0
3,885
1,177
### 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: that the liability of the deceased respondent No. 16 does not survive and hence he as an heir, cannot be brought on recor...
Thahira P Vs. The Administrator, UT of Lakshadweep and Ors
the check-list showed that Thahira was Rank No. 1 having obtained 48.03% marks while Kadeeja was Rank No. 2 having obtained 46.43% marks.6. The check-list was accompanied by a notice of the same date published for the information of all the applicants. It was mentioned in the notice that in case of any mistake in the p...
1[ds]14. At this stage, it may be mentioned that in the meanwhile the University of Calicut looked into the equivalence issue and concluded on or about 9th May, 2016 that the degree in Malayalam and Sociology (Double Main) was equivalent to a degree in Sociology (Single Main) awarded by the University. That being the p...
1
1,338
581
### 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 check-list showed that Thahira was Rank No. 1 having obtained 48.03% marks while Kadeeja was Rank No. 2 h...
M. Viswanathan Vs. M/s. S.K. Tiles & Potteries P. Ltd. & Others
make out a case against the accused.(2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview o...
1[ds]In the instant case the only conclusions arrived at by the High Court is in para 23 of the judgment which have been quoted above. The High Court has wrongly come to the conclusion that the matter in issue has to be decided by a Civil Court or the Company Law Board. The High Court had referred to the four types of ...
1
3,989
121
### 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: make out a case against the accused.(2) Where the allegations in the first information report and other materials...
State Of Himachal Pradesh Vs. Ram Pal
Adarsh Kumar Goel, J. 1. Leave granted. 2. This appeal has been preferred against judgment and order dated 27th February, 2013 passed by the High Court of Himachal Pradesh at Shimla in Criminal Appeal No.406 of 2011. 3. Only question raised for consideration is whether the sentence imposed in the facts and circumstance...
0[ds]13. It is evident from the facts and circumstances of the case that the respondent has not called in question his conviction. We have before us only challenge to the inadequacy of the sentence in the present appeal filed by the State. Moreover, in an appeal under Article 136 of the Constitution, this Court does no...
0
1,017
317
### 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: Adarsh Kumar Goel, J. 1. Leave granted. 2. This appeal has been preferred against judgment and order dated...
The Factory Manager,Cimmco Wagon Factory Vs. Virendra Kumar Sharma
be compelled to do so. May be, the respondent did not give up training and continued working as a Co-ordinator in anticipation of being provided employment as his father was also an employee in the factory. There was no evidence on record to indicate that either GPF or ESI were deducted from the salary of the responden...
1[ds]The presumption available under this Section in the first place is rebuttable and secondly it is available only for the purpose of the said Act. It is also not the case of the respondent that this presumption is made available in relation to an adjudication of a dispute referred to under Section 10 of the Industri...
1
2,384
337
### 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: be compelled to do so. May be, the respondent did not give up training and continued working as a Co-...
The State Of Bombay Vs. F.A.Abraham
Government service, either on probation, or on an officiating basis, is, from the very nature of such employment, itself of a very transitory character and, in the absence of any special contract or specific rule regulating the conditions of the service, the implied term of such appointment, under the ordinary law of m...
1[ds]The judgments of the High Court and the learned Additional District Judge seem to us to be clearly unsustainable. The Courts below held that the respondent had been reduced in rank in violation of the terms of S.240(3) of the Government of India Act, 1935, which corresponds to Art. 311 of the Constitution, inasmuc...
1
2,311
287
### 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: Government service, either on probation, or on an officiating basis, is, from the very nature of such employment, itself o...
K.C.P. Ltd Vs. Presidisng Officer
respondents 3 to 14 were not parties to the said settlement as individually they had no locus standi and they were represented by their union respondent No. 2 which had signed the settlement on behalf of its members for whom the dispute was raised by the union. Nothing could be alleged by respondents 3 to 14 to the eff...
1[ds]17. Having given our anxious consideration to these rival submissions, we find that the terms of the settlement cannot be considered to be in any way ex-facie, unjust or unfair and that the said settlement consequently must be held to be binding on these contesting workmen also.It is not in dispute that the settle...
1
5,562
1,906
### 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: respondents 3 to 14 were not parties to the said settlement as individually they had no locus standi and the...
Y.P. SUDHANVA REDDY Vs. THE CHAIRMAN AND MANAGING DIRECTOR KARNATAKA MILK FEDARATION ETC
of the record of the case, we are constrained to dismiss the appeals finding no merit therein.18. In our considered opinion, the filing of the two suits, namely, first by the appellants’ father, Mr. K.G. Yellappa Reddy, (O.S.No.4875/1998) and later by the appellants out of which these appeals arise were wholly misconce...
0[ds]Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to dismiss the appeals finding no meritIn our considered opinion, the filing of the two suits, namely, first by thefather, Mr. K.G. Yellappa Reddy, (O.S.No.4875/1998) and later by the appellants out of whi...
0
2,066
1,032
### 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: of the record of the case, we are constrained to dismiss the appeals finding no merit therein.18. In our consider...
Mgmt. Of Sundaram Industries Ltd Vs. Sundaram Industries Employee Union
issue ought to have been in his favour; and may also take any cross-objection] to the decree which he could have taken by way of appeal provided he has filed such objection in the Appellant Court within one month from the date of service on him or his pleader of notice of the day fixed for hearing the appeal, or within...
0[ds]It is evident from the above that the discord between the workmen and the management arose entirely out of the management requiring the workmen to place the bag of their production on the electronic weighing scale instead of placing them on the floor at the end of the shift as they were doing till the management i...
0
3,757
559
### 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: issue ought to have been in his favour; and may also take any cross-objection] to the decree which he...
S. Chandra Sekharan & Ors Vs. Government Of Tamil Nadu & Ors
Ray, C.J.1. These writ petitions under Article 32 dismissed on 5 April, 1974. Reasons were to be given later on. These are as follows:2. The petitioners asked for a writ of mandamus restraining the respondents from denying the petitioners their quota of levy sugar which they had been receiving under the Levy Sugar (Sup...
0[ds]10. The State of Tamil Nadu required the petitioners dealing in controlled sugar and levy sugar to enter into agreements.11. The petitioners were appointed retailers for certain localities in Tiruchirapalli. The Collector appointed the petitioners as retailers for distribution of levy sugar. The agreements which w...
0
814
464
### 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: Ray, C.J.1. These writ petitions under Article 32 dismissed on 5 April, 1974. Reasons were to be given later...
gupta c Vs. galaxosmithklin pharmaceutical ltd
of India Ltd. v. Burma Shell management Staff Association and Ors. (supra)it was held as follows: "in this connection, we may take notice of the argument advanced by Mr. Chari on behalf of the Association that, whenever a technical man is employed in an industry, it must be held that he is employed to do technical work...
0[ds]20 ) IT is not in dispute that the nomenclature is really not of any consequence. Whether a particular employee comes within the definition of workman has to be decided factually. In fact, it has been found as a matter with reference to various factual aspects that the duties undertaken by the appellant overwhelmi...
0
4,764
1,127
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: of India Ltd. v. Burma Shell management Staff Association and Ors. (supra)it was held as follows: "in this ...
Dhirendra Chandra Pal Vs. Associated Bank of Tripura Limited
time being in force, no other court (i.e., a court other than the one as above defined) shall have jurisdiction to entertain any matter relating to or arising out of the winding up of a banking company." Next is section 45B(1) which is in the following terms"Notwithstanding anything to the contrary contained in the Ind...
0[ds]It has not been disputed before us that the relief by way of ejectment of the appellant from the land demised is one which would fall within the scope of section 45B of the Banking Companies Act and that the liquidator could obtain the said relief by an appropriate proceeding in the High Court. Indeed, the learned...
0
2,015
532
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: time being in force, no other court (i.e., a court other than the one as above defined) shall have juri...
Kala Devi Vs. Jagdish Chand
S. Abdul Nazeer, J. 1. The appellant/plaintiff is the widow of deceased Nokhu Ram. She filed a Suit bearing No.112 of 1991 for a declaration that she being the sole legal heir of the Nokhu Ram, is entitled to succeed and inherit his movable and immovable properties to the exclusion of the respondent/defendant and that ...
0[ds]3. Having heard learned counsel for the parties, we are of the view that the Will executed by Nokhu Ram is not shrouded by suspicious circumstances. In fact, Nokhu Ram had expressed his desire to execute the Will to Ganga Ram, his Purohit in the presence of Sukh Ram, Tota Ram and also the plaintiff Kala Devi. Puro...
0
552
295
### 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: S. Abdul Nazeer, J. 1. The appellant/plaintiff is the widow of deceased Nokhu Ram. She filed a Suit bearing No.112 of 1991...
M.R.Prabhakar Vs. Canara Bank
“resignation” and “retirement” carry different meanings in common parlance. An employee can resign at any point of time, even on the second day of his appointment but in the case of retirement he retires only after attaining the age of superannuation or in the case of voluntary retirement on completion of qualifying se...
0[ds]14. The appellants, in our view, did not retire from the service, but resigned from the service. Appellants tried to build up a case that in the absence of a legal definition of ‘voluntaryor in the absence of legally prescribed consequences ofit must be understood in the sense of voluntary relinquishment of servic...
0
4,302
837
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: “resignation” and “retirement” carry different meanings in common parlance. An employee can resig...
Panna Lal And Ors. Etc. Etc Vs. State Of Rajasthan And Ors
the license; and (c) where license is granted by auction or negotiation, the amount of Guarantee shall be the amount determined by the Excise Commissioner and accepted by the licensee.29. The lump sum amount stipulated under the agreement is not to be equated with issue price. The issue price is payable only when the c...
0[ds]21. The licenses in the present case are contracts between the parties. The licensees voluntarily accepted the contracts. They fully exploited to their advantage the entrants to the exclusion of others. The High Court rightly said that it was not open to the appellants to resile from the contracts on the ground th...
0
4,674
2,032
### 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 license; and (c) where license is granted by auction or negotiation, the amount of Guarantee shall be the...
Dalchand Jain Vs. Narayan Shankar Trivedi & Another
already stated, we do not believe PW 20, PW 24, PW 30. We set aside the finding of the learned Judge that the appellant paid Rs. 200/- to them. Item (xvii) relates to an expenditure of Rs. 4, 000/- in respect of portraits fitted on motor vehicles with an automatic device. The petition charged that two station-wagons we...
1[ds]We are unable to agree with thisstory appears to us to be false. If the bargains had already been made with RW 23 and CW 1 it was not necessary to call them at the conference. Nor was it necessary to make a public announcement of the bargain at a press conference. The charge that such an agreement was made with th...
1
3,549
1,832
### 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: already stated, we do not believe PW 20, PW 24, PW 30. We set aside the finding of the learned Judge that the appe...
Pitambar Singh Vs. State Of Bihar
there was no final publication made on the basis of the order dated 15.12.1977, Section 32B came into operation and, therefore, there could be the initiation of the fresh proceedings in terms of that Section. In our opinion, this is a completely erroneous view. In fact, after the order dated 15.12.1977 was passed, it w...
1[ds]6. In our opinion, this contention was absolutely right in view of the language of Section 11(1) of the Ceiling Act, which runs asFinal publication of draft statement:(1) When the objection under(3) of Section 10, appeal and revision, if any, relating thereto have been disposed of, the Collector shall subject to t...
1
3,501
1,573
### 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: there was no final publication made on the basis of the order dated 15.12.1977, Section 32B came into o...
Virji Ram Sutaria Vs. Nathalal Premji Bhanvadia And Ors
the expression Raiya Sabha.8. The real question is, whether the deviation, if any, from the form of oath in English as contained in the Third Schedule is so vital as to lead to the conclusion that no proper oath was taken by the returned candidate. There have been many instances where this Court has held that a substan...
0[ds]6. The High Court held that there was substantial compliance with the requirements of Article 173 (a) of the Constitution in the circumstances surrounding the making and the subscribing of the oath even if the compliance was not literal. we Are in full agreement with that view. The essential requirement of Article...
0
2,780
440
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the expression Raiya Sabha.8. The real question is, whether the deviation, if any, from the form of oath in Engli...
Rachpal Mahraj Vs. Bhagwandas Darukaand Others
put on record that to secure the repayment of the money already due to you from us on account of the business transactions between yourselves and ourselves and the money that may hereafter become due on account of such transactions we have this day deposited with you the following title deeds in Calcutta at your place ...
0[ds](4) A mortgage by deposit of title deeds is a form of mortgage recognised by S. 58 (f), T. P. Act, which provides that it may be effected in certain towns (including Calcutta) by a person "delivering to his creditor or his agent documents of title to immovable property with intent to create a security thereon." Th...
0
1,463
619
### 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: put on record that to secure the repayment of the money already due to you from us on account of the busine...
FOOD CORPORATION OF INDIA Vs. BRIHANMUMBAI MAHANAGAR PALIKA & ORS
to pay municipal tax under Section 113(2) of the Gujarat Municipalities Act. In the above case there was no question pertaining to claim of any exemption from payment of tax from property of the Union. Thus, the above judgment in no manner helps the respondent in the present case. 43. The Division Bench of the High Cou...
1[ds]As noticed above, the land was acquired by the State of Bombay for the Central Government and it was the Central Government, which constructed the godowns thereon. The earlier Division Bench judgment of Bombay High Court dated 03.12.1992 in Civil Appeal No. 259 of 1989 has been referred to and relied by the appell...
1
13,609
1,791
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: to pay municipal tax under Section 113(2) of the Gujarat Municipalities Act. In the above case there was no question perta...
M/s. Uniplas India Ltd. and Ors Vs. State and Anr
(c) if it is proved to the satisfaction of the Court that the company is unable to pay its debts and, in determining whether a company is unable to pay its debts, the Court shall take into account the contingent and prospective liabilities of the company. (2) The demand referred to in Clause (a) of Sub-section (1) shal...
0[ds]. If any notice is issued under Section 434 of the Companies Act within 15 days of the information from the Bank regarding return of the cheque drawn by a company as unpaid, such a notice would as well be good enough under Clause (b) of the proviso to Section 138 of the NI Act. This Court has held in Sadanandan Bh...
0
2,131
776
### 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: (c) if it is proved to the satisfaction of the Court that the company is unable to pay its debts and, in det...
M/S. Ngef Ltd Vs. M/S. Chandra Developers Pvt. Ltd.
the question as to whether the impugned order is contrary to the statutory provisions contained in sub-section (4) of Section 20, we have thought it proper to consider the same. 61. The Company Judge moreover will have to bear in mind the provisions contained in Section 529-A of the Companies Act in terms whereof the d...
1[ds]32. The Order issued by the Government of Karnataka on 30.07.2002 does not suggest either expressly or by necessary implication that it had granted its approval for the said sale. Whether such sanction was necessary is, however, another question which we shall advert to a little later33. We may at this juncture no...
1
9,443
1,474
### 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 question as to whether the impugned order is contrary to the statutory provisions contained in sub-secti...
Assst. C.I.T., Vadodara Vs. Elecon Engineering Co. Ltd
more aspect needs to be highlighted. Under Section 43A, as it stood at the relevant time, it was inter alia provided that where an assessee had acquired an asset from a country outside India for the purposes of his business, and in consequence of a change in the rate of exchange at any time after such acquisition, ther...
1[ds]10. In the present case, one of the main arguments advanced on behalf of the assessee before us was that Section 43A was not applicable because roll over charge stood paid to avoid increase or reduction in liability as a consequence of the change in the rate of exchange. According to the assessee, Section 43A, as ...
1
4,042
620
### 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: more aspect needs to be highlighted. Under Section 43A, as it stood at the relevant time, it was inter alia p...
Kulchhinder Singh & Ors Vs. Hardayal Singh Brar & Ors
Bank is State within the meaning of Art. 12 of the Constitution and, therefore, subject to Art. 16 of the Constitution and the writ jurisdiction under Art. 226. A further argument has been built on the edifice of the statutory provisions contained in the Punjab Cooperative Societies, Act, 1961. Section 84A of this Act ...
0[ds]The purpose of this branch of the appellants submission is to make out that the Cooperative Bank is State within the meaning of Art. 12 of the Constitution and, therefore, subject to Art. 16 of the Constitution and the writ jurisdiction under Art. 226. A further argument has been built on the edifice of the statut...
0
1,889
588
### 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: Bank is State within the meaning of Art. 12 of the Constitution and, therefore, subject to Art. 16 of t...
The Commissioner of Income Tax-Iv Vs. Mr. Emilio Ruiz Berdejo .Respondent C/O Tetra Pak India Limited & Others
India in terms of section 9(1) (ii) (which is one of the heads of income). Section 9(1) (ii) lays down that income which falls under the head Salaries, if it is earned in India, shall be deemed to accrue or arise in India. In fact, section 9 explains the expression is deemed to accrue or arise to him in India used in s...
0[ds]20] Having heard both parties and having examined provisions of the Act relevant for the purpose of deciding the issues involved in the present appeal, one has to turn to the Chapter XVII of the Act which provides for collection and recovery of tax. Chapter XVII is divided into various parts A to F.provides for de...
0
8,474
1,918
### 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: India in terms of section 9(1) (ii) (which is one of the heads of income). Section 9(1) (ii) lays down tha...
M/S A.P. Steel Re-Rolling Mill Ltd Vs. State Of Kerala
transported and installed after the construction of the factory building. Undoubtedly, the application was moved on 17.7.1995 in anticipation. The material on record suggests that there was acute shortage of electricity as a result of which even domestic power connections were being refused. The high tension power supp...
0[ds]14. Applicability of doctrine of promissory estoppel in a case where entrepreneur alters his position pursuant to or in furtherance of a promise made by the State to grant exemption from payment of charges on the basis of current tariff is not in dispute. The State made its policy decision. The said policy decisio...
0
6,542
948
### 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: transported and installed after the construction of the factory building. Undoubtedly, the application was...
Shri Ambalal M. Shah And Another Vs. Hathisingh Manufacturing Co., Ltd
On this question the High Court came to a conclusion adverse to the appellants. It is not clear how the respondents though abandoning the ground that Government had no material before it for forming the opinion that the undertaking was being managed in a manner highly detrimental to the scheduled industry concerned or ...
1[ds]7. The contention made on behalf of the respondents before us which found favour with the High Court is that when the legislature used the words "an investigation has been made under Section 15" it meant "an investigation has been made under Section 15 based on an opinion of the Central Government that the industr...
1
4,858
1,391
### 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: On this question the High Court came to a conclusion adverse to the appellants. It is not clear how the respondent...
Kamlesh Kumar And Ors Vs. State Of Jharkhand And Ors
Court observed in paragraph 15 which reads as follows:- “15. …. The point which we wish to emphasise, however, is that a party to a proceeding cannot as a matter of right come to this Court for revision of any order passed by the lower Court, but it is a matter of practice that such applications are entertained by this...
0[ds]The First Schedule to Cr.P.C. deals with the Classification of Offences. Part-1 thereof deals with the offences under the Indian Penal Code, Part-II deals with classification of offences against other laws, which would include offences under laws such as FERA. The petitioners were being prosecuted under Section 56...
0
4,558
1,090
### 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: Court observed in paragraph 15 which reads as follows:- “15. …. The point which we wish to emphasise,...
SUSHIL KUMAR AGARWAL Vs. MEENAKSHI SADHU
that compensation in money for non-performance of the contract is not an adequate relief. The intent of the section is to make a distinction between cases where a breach of an agreement can be remedied by means of compensation in terms of money and those cases where no other remedy other than specific performance will ...
0[ds]12. The consistent position of the common law is that courts do not normally order specific performance of a contract to build or repair. But this rule is subject to important exceptions, and a decree for specific performance of a contract to build will be made only upon meeting the requisite requirements under la...
0
8,307
3,859
### 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: that compensation in money for non-performance of the contract is not an adequate relief. The intent of the section is to...
Mst. Gulab Bai Vs. Manphool Bai
show an intention to alter the law their Lordships do not think it right to put a construction upon them which would cause an alteration. It would thus be seen that this decision is an authority for the proposition that the rule of res judicata as interpreted even under the Code of 1877 was held to be the same as it ob...
0[ds]In ordinary course we might have called for finding on issues arising between to parties on his application, but since the matter is very old we do not wish to give it a further lease of life by adopting that course. We have, therefore, allowed Dhan Kumar to join the present proceedings without deciding the questi...
0
4,344
1,217
### 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: show an intention to alter the law their Lordships do not think it right to put a construction upon them which would cause a...
Birendra Pratap Singh And Another Vs. Gulwant Singh And Others
with effect from that date, the rights of the appellants as sub-tenants of Parmeshwar Singh became extinguished. The sub-lease in favour of the appellants terminated on that date.The appellants continued to remain in possession even after 15th January, 1951, but that possession could no longer be held to be in the capa...
0[ds]In this case, there is no doubt that a written lease consistent with the provisions of the Tenancy Act was executed together with a counterpart thereof on the 5th June, 1947; and learned Counsels argument was that this lease and the counterpart having been delivered in accordance with this provision on 5th June, 1...
0
4,761
1,718
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: with effect from that date, the rights of the appellants as sub-tenants of Parmeshwar Singh became ex...
Girdhari Paramand Vadhava Vs. State Of Maharashtra
part of Girdhari only reflects that Girdhari did not intend to kill Vaibhav. Such submission cannot, however, be accepted because of the subsequent role of Girdhari. If after making such statement Girdhari had not taken any active role in helping Birju to commit the murder of Vaibhav, the said statement of Girdhari per...
0[ds]36. After giving our careful consideration to the facts and circumstances of the case and the evidences through which we have been taken by the learned counsel appearing for the parties, it appears that a young schoolboy was brutally murdered after subjecting him to various physical and mental tortures with utmost...
0
9,714
936
### 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: part of Girdhari only reflects that Girdhari did not intend to kill Vaibhav. Such submission cannot, however, be accepted ...
UNIVERSITY OF AGRICULTURAL SCIENCES Vs. SMT. SAROJ GUPTA
land had been acquired by the University. After dismissal of the suit the first appeal and the suit itself was withdrawn, however, without reserving any liberty to institute fresh suit. The suit and appeal arising out of aforesaid 1993 suit were withdrawn on 13.8.2001. 5. Thereafter fresh suit for declaration and perma...
0[ds]8. After hearing learned counsel for the parties, we are of the considered opinion that appeal deserves to be allowed on the singular ground that too in view of the admitted fact that the judgment of the previous case had been exhibited before the trial court. The previous suit was admittedly filed with respect to...
0
1,440
401
### 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: land had been acquired by the University. After dismissal of the suit the first appeal and the suit itself ...
E.A.ABOOBACKER Vs. STATE OF KERALA
has to be authorized under Section 3 (c) of the Land Acquisition Act. Hence the notification. It has been urged by the State that the explanatory note not being part of the notification should not be taken into consideration. 7. According to the appellants the language of the notification is very clear that the Special...
1[ds]9. On a careful analysis of the notification, in our opinion, the State has empowered the specified officer i.e. the Special Tahsildar (LA), K.R.L. only in respect of the land for which the notification under sub-section (1) of Section 4 had already been issued. The Special Tahsildar (LA) K.R.L. was not empowered ...
1
2,180
723
### 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: has to be authorized under Section 3 (c) of the Land Acquisition Act. Hence the notification. It has be...
Municipal Board, Kishangarh Vs. Chand Mal and Company
1. The land in question (area 4500 sq. yards), in respect of which the respondent had obtained a decree for permanent injunction against the appellant, was sanctioned for allotment by the State Government on 28-11-1964 and in pursuance thereof the Collector, Ajmer, executed a ninety-nine years lease in favour of the re...
1[ds]7. Since the High Court was of the opinion that subsequent events cannot be looked into by the executing court, it did not dispose of the application filed under Order 41 Rule 27 CPC by the appellant. The lease in favour of the respondent having been cancelled and the land in question having been included in the m...
1
840
87
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: 1. The land in question (area 4500 sq. yards), in respect of which the respondent had obtained a decree for perma...
Lakhmi Chand Vs. Reliance General Insurance
was not responsible for the accident. Merely by lifting a person or two, or even three, by the driver or the cleaner of the vehicle, without the knowledge of the owner, cannot be said to be such a fundamental breach that the owner should, in all events, be denied indemnification. The misuse of the vehicle was somewhat ...
1[ds]14. It is an admitted fact that the accident of the vehicle of the appellant was caused on account of rash and negligent driving of the offending vehicle bearing registration no.An FIR No. 66 of 2010 dated 11.02.2010 was registered under Sections 279, 337, 338,304A and 427 of the Indian Penal Codeagainst the drive...
1
2,950
788
### 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 not responsible for the accident. Merely by lifting a person or two, or even three, by the driver or the cleaner of th...
Central Indian Machinery Manufacturing Company Limited Vs. State of Madhya Pradesh and Another
1. This appeal is filed against the judgment of the High Court of Madhya Pradesh (Gwalior Bench) dated 26-7-1977 whereby the writ petition (MP No. 25 of 1972) filed by the appellant has been dismissed. In the said writ petition the appellant had assailed the assessment and recovery of house tax in respect of the factor...
0[ds]The learned counsel for the appellant has sought to urge a new contention, namely, that the area in which the properties of the appellant are situate is not included in the notification of October 1954 to which reference has been made by the High Court. This is a question of fact which was not agitated by the appe...
0
984
85
### 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: 1. This appeal is filed against the judgment of the High Court of Madhya Pradesh (Gwalior Bench) dated 26-7-1977 whereby t...
Tara Singh and Others Vs. State of Punjab
report reaching the Magistrate and therefore a reasonable doubt arises that this time should have been utilised for consultation with a view to implicate some of the appellants falsely out of enmity. It is also submitted that the possibility of false implication of these accused cannot be ruled out. It is also his subm...
0[ds]But the facts in the instant case are altogether different. The names of the accused are consistently mentioned throughout. There is absolutely no ground to hold that the FIR was brought into existence subsequently during the investigation and the mere delay in lodging the report by itself cannot give scope for an...
0
1,944
584
### 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: report reaching the Magistrate and therefore a reasonable doubt arises that this time should have been utilised f...
You One Engineering & Const Co. Ltd.&Anr Vs. National Highways Authority Of India
settled in accordance with the Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shall consist of 3 Arbitrators, one each to be appointed by the employer and the contractor. The third arbitrator shall be chosen by the two arbitrators so appointed by the parties and shall act as Presiding Arbitrator. In case...
0[ds]7. A bare reading of the above clause leaves no room for doubt that in case of failure of the two Arbitrators appointed by the parties to reach upon a consensus, the Presiding Arbitrator shall be appointed by the Council of IRC8. It may be stated at this stage that when the matter was placed before me on April 24,...
0
2,557
998
### 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 in accordance with the Arbitration and Conciliation Act, 1996. The Arbitral Tribunal shal...
Babu Rameshwar Prasad Singh and Others Vs. Sheo Shankar Prasad Singh and Others
GUPTA, J.1. This appeal by certificate granted by the Patna High Court under Article 133 (1)(a) of the Constitution arises out of a suit for partition. Here we are faced with a somewhat uncommon situation where a defendant is asserting a right in certain properties in which he had disowned any interest in his written s...
0[ds]5. The appeal to this Court which has been preferred by the first defendant and his sons is also limited to the properties of Schedule 1 (f), 1 (g), 1 (h), 1 (j), 1 (k), 1 (l) and 1 (m).The only submission made on behalf of the appellant was that the High Court was in error in proceeding upon the admission of the ...
0
1,217
243
### 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: GUPTA, J.1. This appeal by certificate granted by the Patna High Court under Article 133 (1)(a) of the Constitution arise...
Katheesa Umma & Others Vs. Kunhamu & Others
incorporated in their text books by the modern writers on Muhammadan Law. (See Mullas Principles of Muhammadan Law, 14th Edn., pp. 139, 142, 144 and 146, Tyabjis Muhammadan Law, 3rd Edn., pp. 430-435, ss, 397-400, Amir Alis Muhammadan Law, Vol. I, pp. 130-131). 13. The principles have further been applied in some decis...
1[ds]7. In the present case there is a declaration and a tender by the donor Mammotty and as the gift is by a registered deed no question in this behalf can arise. In so far as Mammotty was concerned there was delivery of possession and the deed also records this fact. Possession was not delivered to Seinaba but to her...
1
3,819
1,055
### 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: incorporated in their text books by the modern writers on Muhammadan Law. (See Mullas Principles of Muhammadan Law, 14th Ed...
Ratnagiri Gas & Power Pvt.Ltd Vs. Rds Projects Ltd
responsible for the execution of the total scope of the work in any one of the two projects. 43. RDS has before the High Court and even before us, claimed that the Breakwater at Mus in Car Nichobar was a single project and not two projects as contended by the appellant-RGPPL. It has further claimed that the entire proj...
1[ds]If writ petition no. 534 of 2011 could not have re-agitated issues touching the validity of annulment of the tender process, there was no occasion for the High Court to go into the question whether or not the decision to refer to the bid and annul the process was vitiated by malice in law or fact. The findings rec...
1
10,872
646
### 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: responsible for the execution of the total scope of the work in any one of the two projects. 43. RDS has be...
Flora Elias Nahoum & Others Vs. Idrish Ali Laskar
with, he denied having sub-let the suit shop to anyone in his written statement. Then, contrary to what he alleged in the written statement, he said in his examination-in-chief that Joynal Mullick was his employee. Then, again contrary to this statement, he said, in next breath, that Joynal Mullick is his partner in ta...
1[ds]15. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside of the impugned judgment, we restore that of the Trial Court and, in consequence, decree thesuit in part, as indicated below.16. There can be no dispute to the ...
1
3,113
1,181
### 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: with, he denied having sub-let the suit shop to anyone in his written statement. Then, contrary to what he a...
Haji T.M. Hassan Rawther Vs. Kerala Financial Corporation
for the party challenging its validity to show that it is wanting in reasonableness or is not informed with public interest. This burden is a heavy one and it has to be discharged to the satisfaction of the Court by proper and adequate material. The Court cannot lightly assume that the action taken by the Government is...
0[ds]The public property owned by the State or by any instrumentality of the State should be generally sold by public auction or by inviting tenders. This Court has been insisting upon that rule, not only to get the highest price for the property but also to ensure fairness in the activities of the State and public aut...
0
3,113
440
### 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: for the party challenging its validity to show that it is wanting in reasonableness or is not informed with...
5 M & T Consultants, Secunderabad Vs. S.Y. Nawab & Another
risk and executed the works to the satisfaction of the authorities and appreciation of public as well. The risk involved is not only in recouping the investments to be made for installations and constructions but to maintain them in good, proper and working conditions without also sacrificing the beauty of the installa...
1[ds]It should be noticed at this stage, exceptstatements like them which were seriously disputed by the Corporation, there is nothing on record/writing to prove any such fancy claims. In the last week prior to the filing of the Writ Petition in December 1994, it is claimed that he came to the know that the Corporation...
1
6,676
1,597
### 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: risk and executed the works to the satisfaction of the authorities and appreciation of public as well. The ...
Javed Niaz Beg and Another Vs. Union of India and Another
KRISHNA IYER, J. 1. Language is speech, sentiment, life, literature and other dear values rolled into one and that is why when State policy on language goes away explosive tensions erupt and courts cannot allow legalism to override realism when asked to quash some sensitive linguistic formula with emotive overtones. Th...
0[ds]4. The integrity of India is a supreme value. The languages of India are dearest to the people who speak them. It is notorious that the North Eastern States/Union Territories of Arunachal Pradesh, Manipur, Meghalaya, Mizoram and Nagaland have handicaps in the matter of language. Thus Eighth Schedule to the Constit...
0
1,051
341
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: KRISHNA IYER, J. 1. Language is speech, sentiment, life, literature and other dear values rolled into one and...
Gopal Krishna Das Vs. Sailendra Nath Biswas & Anr
the decree-holder in whose favour the charge was created had reiterated again and again that she was willing to waive the charge. Hidayatullah J. who decided the case further observes in his judgment that on a comparison of the two sale proclamations he found that the existence of the charge was not mentioned in either...
0[ds]9. It is clear on a careful reading of Rule 71 that its application is limited to cases in which the deficiency of price has occurred by reason of the auction purchasers default. Property once put to sale in execution proceedings may have to be resold for reasons which may or may not be connected with the default ...
0
4,392
1,195
### 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 decree-holder in whose favour the charge was created had reiterated again and again that she was willing...
M/s. Hindustan Aluminium Corporation Limited Vs. State of Bihar and Others
to execute a mining lease in favour of the respondent company in respect of the lands as applied by the respondent company and to take all necessary steps to put the respondent company in possession thereof. The High Court held that the deed of lease executed by the State of Bihar in favour of Hindalco was ineffective ...
1[ds]The State Government is not bound to grant mining lease in respect of the entire area claimed by a party. Moreover, the appellants application dated March 3, 1965 was prior in time and, therefore, the State Government was justified in granting mining lease in respect of the area claimed by the appellant even thoug...
1
2,393
511
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to execute a mining lease in favour of the respondent company in respect of the lands as applied ...
K.S.E.B Vs. Hindustan Const. Co.Ltd.
the chairman of the previous meeting or indeed even present at the meeting of which the minutes are a record. His action in signing them is merely to record that they are a correct record of the business transacted. There may however be occasions where the Chairman although having no reason to question the accuracy of ...
0[ds]23. If one reads the minutes of 30.4.1994 which were not confirmed at the meeting held on 30.5.1994 it is clear that it was merely noted that the Board decided to discuss the issue further. The High Court rightly took note of the fact that nothing happened for a long time. Counter affidavit was filed stating that ...
0
4,512
1,224
### 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 chairman of the previous meeting or indeed even present at the meeting of which the minutes are a reco...
Bhau Ram Vs. B. Baijnath Singh & Others
portion of land recognised as such at the revenue survey in respect of which the area and land revenue payable are separately entered under an indicative number in the land records : s. 2(13). Sub-division of a survey-number means portion of a survey-number in respect of which the area and the land revenue payably are ...
1[ds]Article 19(i)(f) gives a fundamental right to a citizen to acquire, hold and dispose of property and cl. (5) of that Article permits reasonable restrictions to be imposed by law on this right in the interests of the general public. There can be no doubt that a law of pre-emption does impose restriction on the fund...
1
14,293
3,330
### 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: portion of land recognised as such at the revenue survey in respect of which the area and land revenue ...
Anurag Mehrotra & Others Vs. The State of Maharashtra Through The Secretary, Home Department & Others
Govardhan was bed-ridden. The medical papers show that for short time he was sick but he had recovered. Admittedly he is Director of the company and there are specific allegations against him that he made false representation and induced the first informant to purchase the vehicle.14. The record collected by police and...
1[ds]18. The Apex Court has discussed the law developed on the power of this Court under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure with regard to the proceedings like the present one. In all these cases cited by both the sides, the Apex Court has laid down that when ther...
1
3,801
587
### 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: Govardhan was bed-ridden. The medical papers show that for short time he was sick but he had reco...
Anandi Mukta Sadguru Shree Muktajee Vandas Swami Suvarna Jayanti Mahotsaav Smarak Trust & Others Vs. V.R. Rudani & Others
can develop the public law as they think best. That they have done and are doing." (See - The Closing Chapter - by Rt. Hon Lord Denning p. 122). 17. There, however. the prerogative writ of mandamus is confined only to public authorities to compel performance of public duty. The public authority for them means every bod...
0[ds]10. Having heard the counsel for both parties, we are left with an impression that the appellants are really trying to side track the issue and needlessly delaying the legitimate payments due to the respondents. The question whether the State is liable to recompense the appellants in respect of the amount payable ...
0
3,973
2,636
### 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: can develop the public law as they think best. That they have done and are doing." (See - The Closing Chapter - by Rt. Hon L...
Netai Bag Vs. State Of W.B.
supply of sal trees at concessional rate has been taken by the Government. The rate of royalty has also been fixed on some accepted principle of pricing formula as will be indicated hereafter. Hence, distribution or allotment of sal seeds at the determined royalty to the respondents and other units covered by the agree...
1[ds]25. In view of the peculiar facts and circumstances of the case we are not persuaded to hold that the action of the respondent-State in executing the lease deed with respondent No. 5 was unreasonable, illegal, arbitrary or actuated by extraneous considerations. In this regard it is worth noticing that none except ...
1
6,876
230
### 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: supply of sal trees at concessional rate has been taken by the Government. The rate of royalty has also be...
BHIVCHANDRA SHANKAR MORE Vs. BALU GANGARAM MORE
It caters to every conceivable situation. But at the same time, the law expects a litigant to be straight, honest and fair. The two remedies provided against ex-parte decree are in respect of two different situations and are expected to be resorted to only if the facts of the situation are available to a litigant. The ...
1[ds]9. The facts are not in dispute. The suit for partition was filed by respondents No.1 to 13 in the year 2007. It was decreed ex- parte on 04.07.2008. The appellant and respondents No.14 and 15 filed application under Order IX Rule 13 CPC on 15.10.2008 and the said application was dismissed on merits by the order d...
1
3,370
1,139
### 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: It caters to every conceivable situation. But at the same time, the law expects a litigant to be straight, h...
CCE, ALLAHABAD Vs. SURCOAT PAINTS (P) LTD
the Respondent was held eligible to avail of the benefit of the small scale exemption notification. Brief facts of the case are as under: The Respondent M/s Surcoat Paints Pvt. Ltd. is engaged in the manufacture of paints and varnishes falling under Chapter 32 of the schedule to the Central Excise Tariff Act, 1985. The...
0[ds]Admittedly, against the aforesaid Order no appeal was filed by the Revenue. In Agra Leather Goods case (supra), the Tribunal held as under:The main condition required for availing the benefit of exemption Notification No. 175/86-CE dated, 1st March, 1986 is that the unit must hold SSI registration certificate eith...
0
1,217
427
### 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 Respondent was held eligible to avail of the benefit of the small scale exemption notification. Brief facts of the cas...
THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS MEMBER SECRETARY Vs. D. RAJAN DEV
an applicant accrues when the permission has been granted. Further, as a corollary, it can be said that the rates prevailing at the time of granting of permission are the rates which an applicant has to pay. The respondent/applicant cannot claim the benefit of the earlier guideline value existing prior to the date when...
1[ds]By reading of the above, it is seen that it is only forwarding of the proposal to the Government with recommendation for approval of the revised plan which is as per the procedure involved. Such forwarding of the proposal to the Government with recommendation for approval, does not create any right in favour of th...
1
4,896
1,712
### 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: an applicant accrues when the permission has been granted. Further, as a corollary, it can be said that the rates prevaili...
The State of Orissa and Ors Vs. Mahimananda Mishra and Ors
this Court. 8. It is brought to the notice of the Court by the learned Advocate for the State that though the impugned judgment of the High Court of Orissa granting the order of bail in favour of the Respondent was passed as far back as 16.05.2017, the Respondent was actually released from custody with effect from May ...
1[ds]10. Since the investigation is yet to complete and trial is yet to begin, it would not be proper for us to dwell upon the subject matter in detail at this stage, lest it may prejudice the case of either of the parties during trial. However, prima facie, it is brought on record by the State that there was severe an...
1
1,907
791
### 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: this Court. 8. It is brought to the notice of the Court by the learned Advocate for the State that though th...
Lalsing Sutarya Pawara Vs. The State of Maharashtra
6 to 7 persons were asking the accused to tell whereabouts of Yadibai and he was not disclosing about the same. Therefore, they called P.W.7 Yusuf uncle of P.W.6 to the field by giving message through mobile phone. According to P.W.6, his uncle P.W.7 arrived in the field by Maruti van. Therefore, it has come in the evi...
1[ds]11. On careful perusal of the first charge, it is clear that the entire story of the prosecution has been tested by the trial Judge on the basis that Yadibai was wife of the appellant. (Emphasis supplied). However, it is not the case of the complainant or any other prosecution witness that Yadibai was wife of the ...
1
9,696
3,862
### 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: 6 to 7 persons were asking the accused to tell whereabouts of Yadibai and he was not disclosing about the sam...
Madan Gopal Vs. State Of Punjab
act in exercise of this authority : the appellant was served with a chargesheet setting out his misdemeanour, an enquiry was held in respect of the alleged misdemeanour and his employment was terminated because in the view of the settlement Office - with which view the Deputy Commissioner agreed - the misdemeanour was ...
1[ds]In this case the enquiry made by the Settlement Officer was made with the object of ascertaining whether disciplinary action should be taken against the appellant for his alleged misdemenour. It was clearly an enquiry for the purpose of taking punitive action including dismissal or removal from service if the appe...
1
1,651
104
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: act in exercise of this authority : the appellant was served with a chargesheet setting out his misdemeanour, an enquiry was...
State of Madhya Pradesh Vs. Shanker Lal and Others
UNTWALIA, J.1. These three appeals by special leave are from the common judgment of the Madhya Pradesh High Court allowing the Writ Petitions filed by the six respondents and quashing the orders of their transfer made by the State Government in exercise of their power under s. 94(7) of the Madhya Pradesh Municipalities...
0[ds]The High Court has taken the view that the words "any officer or servant of a Council mentioned in sub-sections (1) and (2)" occurring in sub-s. (7) mean "any officer or servant as enumerated or specified in sub-ss. (1) and (2): that is to say, the officers who can be transferred under sub-s. (7) are only Revenue ...
0
1,053
591
### 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: UNTWALIA, J.1. These three appeals by special leave are from the common judgment of the Madhya Prades...
DIGI CABLE NETWORK (INDIA) PVT. LTD Vs. UNION OF INDIA
a narrow compass as would be clear from the facts stated hereinbelow. 4. By letter dated 12.06.2012 (Annexure P-2) the appellant was granted permission by the Government of India under Rule 11C of the Cable Television Network (Amendment) Rules, 2012 (hereinafter referred to as ?the Rules?) for operating as Multi System...
0[ds]11. In our considered opinion, the impugned order of cancellation was passed in conformity with the requirements of Rule 11C of the Rules and hence it was rightly upheld by the High Court in impugned order.It is clear from mere reading of the Rule 11C(1) that grant of permission is subject to issue of security cle...
0
1,230
312
### 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: a narrow compass as would be clear from the facts stated hereinbelow. 4. By letter dated 12.06.2012 (Annexure...
Hare Krishna Vs. State of Bihar
It is not disputed that he is the brother-in-law of Hare Krishna Singh, as he has been described in the FIR. It is the categorical evidence of PWs 1, 2, 3 and 8 that Paras Singh of Dhobaha had fired at the deceased Jitendra Choudhary. He has been identified by PW 1 in the TI Parade. In the circumstances, we do not find...
0[ds]23. It may be that two empties were found by the side of the dead body of the deceased, but the High Court has rightly observed that the presence of the empties does not necessarily mean that the deceased had fired. The High Court points out that three live cartridges were also recovered from the pocket of the dec...
0
5,886
453
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: It is not disputed that he is the brother-in-law of Hare Krishna Singh, as he has been described in t...
Fgp Ltd Vs. Saleh Hooseini Doctor
54. Section 2(11) of the Code of Civil Procedure provides as under: "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is sued in a representative character the person on whom the...
0[ds]30. Applying the aforesaid tests, as we must, to the present situation we find that no case for part performance of the contract has been made out. Here in the plaint filed in the specific performance suit, the case of the appellant is that it was put in possession of the suit premises pursuant to the tenancy agre...
0
6,491
1,942
### 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: 54. Section 2(11) of the Code of Civil Procedure provides as under: "legal representative" means a person who in law repre...
Atma Linga Reddy & Others Vs. Union Of India & Others
mentioned in paragraph 2.1 of the said order was not in control of the Rajolibanda Diversion Canal. It seems that this may be through oversight or due to absence of specific information being made available to this Tribunal. It may be a case that this part of the river being in the mid stream may not be within the cont...
0[ds]33. Bare reading of the above provisions leaves no room for doubt that they are very wide. Section 3 deals with situations not only where a water dispute has actually arisen between one State and another State, but also where such dispute is "likely to arise". Moreover, it applies not only to those cases in which ...
0
7,429
1,619
### 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: mentioned in paragraph 2.1 of the said order was not in control of the Rajolibanda Diversion Canal. It seems that this may ...
Shri Gajanan Weaving Mills Vs. Their Workmen
Sarkar, J.1. This is an appeal against a decision of the industrial court, Bombay, dated 18 March 1960. The facts are not in controversy. In an industrial dispute, the Labour Appellate Tribunal, Bombay, had passed an award on 9 July 1956 concerning dearness allowance, the operative portion of which is in these turms :"...
0[ds]4. When the Sen award referred to the Sholapur rate, it meant the rate prevailing at the time at Sholapur, for the subsequent award of 1 May 1958 and the agreements made in regard to the Sholapur mills earlier mentioned were not oven in contemplation then. The reason why the Sen award fixed the dearness allowance ...
0
951
442
### 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: Sarkar, J.1. This is an appeal against a decision of the industrial court, Bombay, dated 18 March 1960. The facts are not ...
Punjab National Bank Vs. State of Uttar Pradesh & Others
The appellant had, after respondent No. 4s management was taken over by the U.P. State Textile Corporation Limited (respondent No. 3) under the Industries (Development and Regulation) Act, advanced some money to the said respondent No. 4. In respect of the advance so made, respondents Nos. 1, 2 and 3 executed deeds of ...
1[ds]In our opinion, the principle of the aforesaid decision of this court is equally applicable in the present case. The right of the appellant to recover money from respondents Nos. 1, 2 and 3 who stood guarantors arises out of the terms of the deeds of guarantee which are not in any way superseded or brought to a na...
1
565
122
### 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 appellant had, after respondent No. 4s management was taken over by the U.P. State Textile Corporat...
Ram Pravesh Singh Vs. State Of Bihar
round notices were also challenged. But the High Court upheld the notices of retrenchment. The order of the High Court was challenged before this Court. During the pendency of the long drawn litigation, the newly formed Corporation decided to take over their services by extending them the same scale of Pay, which they ...
0[ds]13. It may be true that when the Board took over the undertakings of the erstwhile private licencees several decades ago, it also took over the services of the employees of such private licensees. It is also possible that this Court in exercise of its jurisdiction under Article 142, on the facts of a given case, m...
0
7,603
1,144
### 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: round notices were also challenged. But the High Court upheld the notices of retrenchment. The order of the High Court was...
M/S T.C.HEALTHCARE P. LTD Vs. UNION OF INDIA
excise duty. ************** 8(4). Any manufacturer, who desires revision of the retail price of a formulation fixed under sub- paragraph (1), shall make an application to the, Government in Form III or Form IV, as the case maybe, and the Government shall after making such enquiry, as it deems fit within a period of two...
0[ds]10. The High Court, in the impugned judgment, we notice, had taken note of the notification dated 13 th August, 2008, which fixed conversion costs for plain tablets, coated tablets, dispersible tablets, gelatin coated tablets, bi layered tablets, sustained release tablets, chewable tablets, effervescent tablets, i...
0
2,751
265
### 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: excise duty. ************** 8(4). Any manufacturer, who desires revision of the retail price of a formulation fixe...
The State of Punjab Vs. Prakash Singh Cheema
A.C. Gupta, J.1. The respondent was a temporary Tax Sub-Inspector in Excise and Taxation Department of the erstwhile Patiala and East Punjab States Union. On the formation of the State of Punjab he continued in service in the new State. A charge was framed against the respondent by the Vigilance Department, Government ...
0[ds]3. An order terminating the services of a temporary servant or a probationer, if it is by way of punishment will attract Article 311 of the Constitution: the form of the order is not conclusive, it is the substance of the matter that has to be looked into. Whetheror not an order of termination is by way of punishm...
0
905
202
### 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: A.C. Gupta, J.1. The respondent was a temporary Tax Sub-Inspector in Excise and Taxation Department of the...
Bhim Sen For R.S. Malik Mathra Das Vs. The State Of Punjabunion Of India--Intervener.Prem Nath Fo
evidencing an intention on the part of Sundara Pandiya to surrender the right of succession of his branch. It has been further held that the release was not executed in favour of the head of the family or in favour of all the members of the family in order to be operative as a valid relinquishment. There can be no doub...
1[ds]18. The claim made by the widow that the zamindari became by the arrangement of 1890 the separate property of Kandasami was disallowed by the High Court on the short ground that the documents, Exs.8, read along with the various statements made in 1889 cannot be read as changing the character of the estate from tha...
1
8,678
3,225
### 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: evidencing an intention on the part of Sundara Pandiya to surrender the right of succession of hi...
Authorized Officer, State Bank of Travancore & Another Vs. K.C. Mathew
fact that a statutory alternative remedy was available to the respondent under Section 17 of the Act.”13. The same view was reiterated in Kanaiyalal Lalchand Sachdev and others vs. State of Maharashtra and others, 2011 (2) SCC 782 observing:“23. In our opinion, therefore, the High Court rightly dismissed the petition o...
1[ds]The normal rule is that a writ petition under Article 226 of the Constitution ought not to be entertained if alternate statutory remedies are available, except in cases falling within the well defined exceptions as observed in Commissioner of Income Tax and Others vs. Chhabil Dass Agarwal, 2014 (1) SCCThe pleading...
1
3,370
928
### 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: fact that a statutory alternative remedy was available to the respondent under Section 17 of the Act.”1...
Shiromani Gurdwara Parbandhakcommittee Vs. Lt. Sardar Raghbir Singh And Others
to the provisions of Section 88. there shall be one committee for the Gurdwaras known as the Darbar Sahib, Amritsar, and the Baba Atal Sahib, and all other Notified Sikh Gurdwaras situated within the municipal boundaries of Amritsar other than the Sri Akal Takht Sahib."16. Section 86 is as follows (in so far as it is r...
0[ds]On the merits, the case for the plaintiff is quite simple. The plaintiff says that whatever may be the position with reference to the earlier compromises arrived at between the parties in the proceedings under Section 5 of the Act, the later proceedings with reference to those very properties under Section 10 of t...
0
3,891
608
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to the provisions of Section 88. there shall be one committee for the Gurdwaras known as the Darbar Sahib, ...
Amrit Bhikaji Kale and Others Vs. Kashinath Janardhan Trade and Another
nullity.The attempt to overcome this position by urging that the order was erroneous was rightly repelled by the High Court holding that the orders were null and void, proceeding on an erroneous assumption of jurisdictional fact that the recorded owner was a minor on the tillers day. When a Tribunal of limited jurisdic...
0[ds]It is an admitted position that on April 1, 1957 Tarachand was the landlord and Janardhan was the tenant. Tarachan d landlord was under no disability as envisaged by sec.Therefore on April 1, 1957 Janardhan became deemed purchaser. and Mr. Lalit could not controvert this position.If Janardhan became the deemed pur...
0
3,452
827
### 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: nullity.The attempt to overcome this position by urging that the order was erroneous was rightly repelled by...
Union of India (UOI) and Ors Vs. Satish Kumar Mehta (D) thr. L.Rs
Kurian Joseph, J.1. Leave granted.2. The Appellants are before this Court aggrieved by the judgment dated 6.8.2012 in RFA(OS) No. 107/2009 and Cross Objections C.M. No. 472/2010. The appeal was filed by the Appellants herein aggrieved by the judgment dated 23.09.2009 in Civil Suit (OS) No. 264/2004. That suit was filed...
1[ds]We find it difficult to appreciate the contention raised by the Respondent. That circular only states that having regard, to the peculiar facts of each case, in consultation with the Ministry of Works and Housing and Finance and taking note of the inability on the part of the lessee, an appropriate order would be ...
1
826
299
### 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: Kurian Joseph, J.1. Leave granted.2. The Appellants are before this Court aggrieved by the judgment dated 6.8.2012 in RFA(...
M/S. Falcon Tyres Ltd Vs. State Of Karnataka
agricultural produce within the meaning of agricultural produce as defined under the Act." 9. We do not find any substance in the submission of the learned counsel for the appellant that the semicolon after the word cotton does not mean that the first part of the Section is disjunctive from such produce as has been sub...
0[ds]We do not find any substance in the submission of the learned counsel for the appellant that the semicolon after the word cotton does not mean that the first part of the Section is disjunctive from such produce as has been subjected to any physical, chemical or other process. Section 2 (A) (1) is in two parts, it ...
0
3,026
966
### 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: agricultural produce within the meaning of agricultural produce as defined under the Act." 9. We do not find ...