Case Name
stringlengths
11
235
Input
stringlengths
944
6.86k
Output
stringlengths
11
196k
Label
int64
0
1
Count
int64
176
118k
Decision_Count
int64
7
37.8k
text
stringlengths
1.43k
13.9k
ENGINEERING ANALYSIS CENTRE OF EXCELLENCE PRIVATE LIMITED Vs. THE COMMISSIONER OF INCOME TAX & ANR
108. After taking cognizance of these observations, the Committee considers that the option of withholding tax offers a practical way of allocating partial taxing rights in respect of income from digital economy, which shares attributes that may be similar to royalty or fee for technical services, and which can be comp...
1[ds]25. The scheme of the Income Tax Act, insofar as the question raised before us is concerned, is that for income to be taxed under the Income Tax Act, residence in India, as defined by section 6, is necessary in most cases. By section 4(1), income tax shall be charged for any assessment year at any rate or rates, a...
1
64,422
14,901
### 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: 108. After taking cognizance of these observations, the Committee considers that the option of withhold...
Paul Enterprises Vs. Rajib Chatterjee & Co.
Corpn. Ltd. v. Presiding Officer, Labour Court) The word `includes when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according to their natural import but also those things which the clause declares that they shall include. The words "means and includes",...
0[ds]we are of the opinion, despite the fact that the respondents had been earning some money, the same would not disentitle them to take part in the selection process for grant of a license in terms of theadvertisement in question keeping in view the text and context in which it was issued clearly go to show that for ...
0
4,460
175
### 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: Corpn. Ltd. v. Presiding Officer, Labour Court) The word `includes when used, enlarges the meanin...
Perfect Machine Tools Company Limited Vs. State of Maharashtra & Others
29 Rule 2 of the Code of Civil Procedure and on ratio decidendi, the law would not be applicable to the facts of the present case. Under Rule 2A of Order 29, the service could be affected on a Corporation or a statutory body on the Secretary or any director or either Principal Officer of the Corporation. The Supreme Co...
0[ds]6.It is a settled canon of law that the legislature is quite competent to create the legal fiction, in other words, to enact a deeming provision for the purposes of assuming existence of a fact which does not really exist provided the declaration offact as existing does not offend the constitution. The legal ficti...
0
5,790
1,599
### 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: 29 Rule 2 of the Code of Civil Procedure and on ratio decidendi, the law would not be applicable to t...
Anthony C. Leo Vs. Nandlal Balkrishnan
with the provisions of such statute. The Court in such cases has no jurisdiction to pass orders and direction affecting the right of the tenant protected, controlled or regulated by the Rent Act on the score of expediency in passing some order or direction for the maintenance and preservation of the property in custodi...
1[ds]20. It appears to us that since the Court must be presumed to be fully unbiased in deciding the allegation of unauthorised and illegal activities of a tenant causing prejudice against the lawful owner in the matter of preservation and maintenance of the property pendente lite, the necessity of adjudication of such...
1
6,327
1,799
### 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: with the provisions of such statute. The Court in such cases has no jurisdiction to pass orders and direction affecting the ...
M/S GEO MILLER & CO.PVT.LTD Vs. CHAIRMAN, RAJASTHAN VIDYUT UTPADAN NIGAM LTD
It is relevant to note that the findings in Hari Shankar Singhania were made in the specific context of a family settlement. This Court specifically observed that such a settlement is to be treated differently from a formal commercial settlement, and that efforts should be made to promote family settlements without the...
0[ds]It is settled law that the date of commencement of arbitration proceedings for the purpose of deciding which Act applies, upon a conjoint reading of Sections 21 and Section 85(2)(a) of the 1996 Act, shall be regarded as the date on which notice was served to the other party requesting appointment of an arbitrator ...
0
4,545
2,373
### 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: It is relevant to note that the findings in Hari Shankar Singhania were made in the specific context of a family settleme...
Mrs. Helen C. Rebello & Ors Vs. Maharashtra State Road Transport Corpn. & Anr
death. This, of course, is a pecuniary gain but how this is equitable or could be balanced out of the amount to be received as compensation under the Motor Vehicles Act. There is no co-relation between the two amounts. Not even remotely. How can an amount of loss and gain of one contract could be made applicable to the...
1[ds]16. It is true that the aforesaid two English decisions were cases of injuries, but the principle as spelt out is equally applicable in cases of death. The English Court held that any money coming under the contract of insurance, it would be unjust and unreasonable to hold that the money which he prudently spent o...
1
11,105
3,326
### 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: death. This, of course, is a pecuniary gain but how this is equitable or could be balanced out of the amount to be received ...
State of U.P. & Others Vs. Pawan Kumar Divedi & Others
were part of the Act. In our view, the definition of ?Junior High School? in the 1978 Rules cannot be judicially noticed for the purposes of construction and obligation of the 1978 Act. 43. We are also not persuaded by the submission of Mr. Sunil Gupta that since the expression ?Junior High School? is not defined in th...
1[ds]On behalf of the appellants, heavy reliance is placed on the definition of ?Junior High School? in the 1978 Rules. Does the definition of ?Junior High School? in the 1978 Rules control the same expression occurring in the 1978 Act? We do not think so. The definition of ?Junior High School? in Rule 2(e) of the 1978...
1
10,033
1,471
### 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: were part of the Act. In our view, the definition of ?Junior High School? in the 1978 Rules cannot be judicially n...
Central Bank of India Vs. N.R.C. Limited
situated, was taken over by the Life Insurance Corporation, and thereafter by the Central Bank of India. In view of this judgment, the relationship between the Central Bank of India and the N.R.C. Ltd. as landlord and tenant will continue to be governed under the Bombay Rent Act and now under The Maharashtra Rent Contr...
1[ds]7. As far as the present action initiated by the Central Bank of India is concerned, the notice to evict was issued on 26th June, 2007, much after the Maharashtra Rent Control Act came into force on 31.3.2000. This Act clearly lays down that it shall not apply to Public Ltd. Companies having a paid up share capita...
1
1,974
413
### 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: situated, was taken over by the Life Insurance Corporation, and thereafter by the Central Bank of India. In v...
M/S Rasiklal Kantilal & Co Vs. Board Of Trustee Of Port Of Bombay
person claiming delivery of the goods acquired title to the goods only towards the end of the period of the bailment of the goods with the 1st respondent would result in driving the 1st respondent to recover the amount due to it from the bailor or his agent who may or may not be within the jurisdiction of the municipal...
1[ds]19. It is apparent from the language of Section 48 that though it authorises BOARDS to stipulate and collect rates for various services to be rendered, the Act is silent regarding persons from whom such rates could be collected. It is pertinent to note that since services contemplated under Sections 49A, 49B, 50A ...
1
12,285
2,215
### 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: person claiming delivery of the goods acquired title to the goods only towards the end of the period of the b...
Swapnil Prajapati and Ors Vs. Sagar Suresh Katkar and Ors
1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the First Information Report No.217 of 2019 dated 30/05/2019 registered with Kasturba Sub Police Station, for the offences punishable under Sections 417, 419, 420 r/w section 34 of the Indian Penal Code and unde...
1[ds]7. After going through the FIR, it is clear that the nature of allegations are of commercial nature and no public element is involved. As the dispute between the parties, has resolved and the Informant has received the amount agreed to be paid by the Petitioners in view of the consent terms dated 14/02/2020, we ar...
1
710
313
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: 1. The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash the First Info...
GODREJ & BOYCE MANUFACTURING COMPANY LTD Vs. ENGINEERING WORKERS ASSOCIATION & ORS
Abhay Manohar Sapre, J. - Leave granted. 2. These appeals are directed against the final judgment and order dated 29.08.2018 passed by the High Court of Judicature at Bombay in W.P.(C) Nos.3150/2017, 3188/2017 and 3189/2017 whereby the High Court disposed of the writ petitions filed by the appellant herein and upheld t...
1[ds]10. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals and while setting aside the impugned order remand the case to the High Court for deciding the writ petitions afresh on merits.11. The need to remand the case has been occasioned on ac...
1
791
261
### 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: Abhay Manohar Sapre, J. - Leave granted. 2. These appeals are directed against the final judgment and order ...
Commissioner of Income Tax, Gujarat, Ahmedabad Vs. Jayantilal Prem Chand Shah
Civil Appeals Nos. 716 and 828 of 1975 and 1255 and 1256 of 19761. The first two appeals arise out of a common judgment. The second two appeals arise out of orders that follow the common judgment. The respondents in the two sets of appeals are brothers, the Kartas of their joint Hindu families and assessees as such. Th...
0[ds]5. The High Court considered the question to which we have adverted on a reference made at the instance of the Revenue. It observed that only a person who was capable of entering into a contract, in the sense of being sui generis as Karta or not, could enter into a partnership. If he did so on behalf of the Hindu ...
0
873
332
### 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: Civil Appeals Nos. 716 and 828 of 1975 and 1255 and 1256 of 19761. The first two appeals arise out of a common judgment. The...
Committee of Management Vs. The Director of Higher Education & Others
this Court granted an interim stay of the impugned judgment and order passed by the High Court. On 14th May, 2009 this Court modified the interim order passed on 28th February, 2005 by requiring a report to be filed whether the respondents fulfil the requirements of Section 31- C of the Act.18. In compliance with the o...
1[ds]19. A reading of the order dated 1st December, 2009 gives a clear indication that even as recently as 2009 the Director of Higher Education was of the view that the appointment of the respondents was only on abasis and not on an ad hoc basis. Since the respondents were not appointed on an ad hoc basis (even if the...
1
2,758
449
### 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: this Court granted an interim stay of the impugned judgment and order passed by the High Court. On 14th May, 2009 this Court...
Commissioner Of Income-Tax, Uttar Pradesh Vs. Manmohandas
duties to dispenses with the services of the Treasurer forthwith. The Treasurer was not to engage any person as his assistant or peon about whose character, conduct or reliability the manger of the Board of Directors of the Bank may have any objection. Shivnandan was a nominee of the Treasurer, but from the terms of hi...
0[ds]13. In the present case there is no covenant which either expressly or impliedly confers upon the Bank such control and supervision over the work done by the Treasurer, and the agreement is not liable to summary determination. His duties, liabilities and responsibilities are to be such as either by custom or contr...
0
5,404
525
### 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: duties to dispenses with the services of the Treasurer forthwith. The Treasurer was not to engage any person as his assist...
Chief Controlling Revenue Authority Vs. Costal Gujarat Power Ltd.
duties with which separate instrument, each comprising or relating to one of such matters or distinct transactions, would be chargeable under this Act.6. Instruments coming within several descriptions in Schedule I.-Subject to the provisions of the last preceding section, an instrument so framed as to come within two o...
1[ds]22. From the body of this agreement, it reveals that the borrower had requested the senior lenders i.e. thirteen banks/financial institutions to make available to the borrower loan details of which is more fully set out in Schedule II. Pursuant to the loan agreement entered into by the borrower and the senior lend...
1
5,524
445
### 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: duties with which separate instrument, each comprising or relating to one of such matters or distinct trans...
S.K.Bhate and Others Vs. Union of India and Others
the petitioners want to take advantage, were really the result of a mistake or misunderstanding in not realising the actual legal position of the petitioners as direct recruits. It was pointed out that, in the letters issued calling them for interviews as direct recruits, it was made clear to them that their appointmen...
0[ds]4. Counsel for the petitioners was, in our opinion, not able to meet the objections put forward to petitioners claims as promotees. He could not show that they satisfied the conditions precedent to promotions. Hence, the so called orders of promotion could not cure the defect. It was immaterial that the petitioner...
0
2,344
422
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the petitioners want to take advantage, were really the result of a mistake or misunderstanding in not realising the actu...
Savitri Pandey Vs. Prem Chandra Pandey
Approach of the court should be to preserve the matrimonial home and be reluctant to dissolve the marriage on the asking of one of the parties. 15. For upholding the judgment and decree of the Family Court, Shri Dinesh Kumar Garg, the learned counsel appearing for the appellant submitted that as after the decree of div...
0[ds]Treating the petitioner with cruelty is a ground for divorce under Section 13(1)(ia) of the Act. Cruelty has not been defined under the Act but in relation to matrimonial matters it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts ...
0
4,210
760
### 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: Approach of the court should be to preserve the matrimonial home and be reluctant to dissolve the marriage on the asking ...
Kamaksha Rai Vs. State of U.P
time to cross-check the particulars given in the chart. After cross-checking the same with reference to the evidence available on record, the learned counsel for the State has agreed that the particulars given in the chart are correct. In view of the fact that there is considerable confusion in the ranking assigned to ...
0[ds]In view of the fact that there is considerable confusion in the ranking assigned to the appellants/accused persons in the trial Court, High Court and in this Court, we consider it necessary to refer to the appellants by their names while discussing the merits of their individual cases in these appeals. The evidenc...
0
4,464
1,015
### 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: time to cross-check the particulars given in the chart. After cross-checking the same with reference ...
HARYANA POWER PURCHASE CENTRE Vs. MAGNUM POWER GENERATION LIMITED & ANR
order, not being challenged by either party. (viii) Despite this order and the clear direction of the Commission that fixed costs have to be paid to the generator irrespective of whether energy is purchased or not, the HERC order dated 23.03.2010 ultimately dismissed the appellants appeal filed under Section 86(1)(f) o...
1[ds]4. Having heard learned counsel for both sides, these appeals can be disposed of on the short ground that the Commissions Tariff Order of 12.08.2003 had made it clear that fixed costs during the currency of the agreement for generating electricity must be paid despite no supply having been made because the tariff ...
1
3,001
122
### 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: order, not being challenged by either party. (viii) Despite this order and the clear direction of the Commis...
Ravish Vs. R. Bharathi
R. Banumathi J.1. Leave granted.2. This appeal is preferred against the judgment of the High Court of Karnataka at Bengaluru dated 20.07.2015 in and by which the High Court dismissed the Regular First Appeal No.522 of 2015 granting liberty to the appellants/defendants to institute independent proceedings and establish ...
1[ds]Having regard to the rival contentions of the parties claiming to be in possession, it would be open to the trial court to appoint a Commissioner to get a report as to the location of the disputed sites both Site No.4307 and Site No.690 and their physical features and other relevant facts. It is also open to the t...
1
1,052
116
### 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: R. Banumathi J.1. Leave granted.2. This appeal is preferred against the judgment of the High Cour...
Narinder Singh Vs. New India Assurance Company Ltd
been done, it does not amount to violation of any statutory requirement and in such a case, if the accident takes place, the insured is entitled to claim benefit under the insurance policy. There is no statutory bar in insuring the vehicle without registration and hence there is no bar in making payment of insured sum ...
0[ds]14. Indisputably, a temporary registration was granted in respect of the vehicle in question, which had expired on 11.1.2006 and the alleged accident took place on 2.2.2006 when the vehicle was without any registration. Nothing has been brought on record by the appellant to show that before or after 11.1.2006, whe...
0
1,918
149
### 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: been done, it does not amount to violation of any statutory requirement and in such a case, if the accident ...
H.D. Sikand (D) Through L.Rs. & Another Vs. Central Bureau of Investigation & Others
reasons: i) Motive to Kill: It is evident from Respondent No.2s letters that he had reconciled to the inevitability of divorce. The High Court has come to the correct finding that while there is scope for an argument that inasmuch as there is evidence wherefrom a motive can be attributed to Respondent No.2; there is an...
1[ds]18. After hearing the learned counsel for the parties and after going through the records of this matter, including the evidence, as analyzed by the High Court as well as the Trial Court, it appears that the case in hand is totally dependent upon the circumstantial evidence. We have examined the evidence laid in c...
1
5,850
239
### 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: reasons: i) Motive to Kill: It is evident from Respondent No.2s letters that he had reconciled to the...
C.B.I Vs. Maninder Singh
of customs officers. 10. The allegation against the respondent is ‘forgery’ for the purpose of cheating and use of forged documents as genuine in order to embezzle the public money. After facing such serious charges of forgery, the respondent wants the proceedings to be quashed on account of settlement with the bank. T...
1[ds]10. The allegation against the respondent isfor the purpose of cheating and use of forged documents as genuine in order to embezzle the public money. After facing such serious charges of forgery, the respondent wants the proceedings to be quashed on account of settlement with the bank. The development in means of ...
1
2,671
382
### 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: of customs officers. 10. The allegation against the respondent is ‘forgery’ for the purpose of cheating and use of forged do...
Mohan Lal Vs. Management of Messrs Bharat Electronics Limited
on the ground that it would render sub-section (2) otiose. The language of sub- section (2) is so clear and unambiguous that no precedent is necessary to justify the interpretation we have placed on it. But as Mr. Markandaya referred to some authorities, we will briefly notice them.In Sur Enamel and Stamping Works (P) ...
1[ds]Admittedly his service was terminated by letter dated October 12, 1974, with effect from October 19, 1974. It is not the case of the respondent that there was any further extension of the probationary period. Thus, if the initial appointment which was described as temporary is treat ed on probation, even according...
1
6,248
2,190
### 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: on the ground that it would render sub-section (2) otiose. The language of sub- section (2) is so clear and unambiguous that...
Bhavesh D. Parish Vs. Union of India
be carried on unchecked and unregulatory was ample justification for the impugned legislation, keeping in mind the experience of the public which had been dealing with such unincorporated bodies in Kerala and Tamil Nadu. It is open to the appellants to organise their business within the permissible legal set up by form...
0[ds]8.25 We, therefore, suggest that the Reserve Banks control may be extended to finance corporations and necessary enabling legislation be passed to that effect. We recognise that the administrative task of watching and regulating the operations of a large number of small firms will be difficult. We, therefore, sugg...
0
6,873
1,305
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: be carried on unchecked and unregulatory was ample justification for the impugned legislation, keeping ...
Industrial Plastic Corporation Private Limited Vs. Union of India
the decision dated October 6, 1982 was issued by the Government of india. Shri Diwan submitted that in these circumstances, there is no reason why the petitioners should be deprived the doctrine of the refund of the duty paid right from year 1962 onwards. Shri mehta submitted that the doctrine of mistake of law should ...
1[ds]The submission is correct and deservesview of these subsequent events, which inter alia support the petitioners, the question of validity of order dated September 7, 1981 or order dated July 20, 1983 accepting revised classification of price list claiming no duty payable only from December 18, 1982 instead of May ...
1
3,642
936
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the decision dated October 6, 1982 was issued by the Government of india. Shri Diwan submitted that in these...
New India Assurance Co. Ltd Vs. Shanti Bopanna & Others
loss of dependency, ii) loss of Estate, iii) funeral expenses and loss of consortium respectively. The High Court further upheld the award of interest @ 6% and dismissed the appeal.3. The deceased-Venkata Subramanyam Bopana was travelling in a car which belonged to his employer, the M/s Surya Pharmaceutical Ltd. He hel...
0[ds]4. We might add, at the outset, that the Release Deed is on record and we have heard learned counsel for respondent No. 5, the mother of the deceased and we find that there is no evidence and sufficient material to resolve the dispute between the mother and the deceased on the one hand and the claimants, i.e, wido...
0
1,216
392
### 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: loss of dependency, ii) loss of Estate, iii) funeral expenses and loss of consortium respectively. The High C...
Union of India Vs. Indian Charge Chrome
two. Project suggests something very much more extensive than a plant. The learned senior counsel for the appellants is right in submitting that "Power project" could not have meant "power plant" also and the scope for confusion or doubts, if any, was done away by inserting a clarification. Thus, the amendment notifica...
1[ds]From the very beginning the intention was not totally excluded. "Generation and distribution of electricity was placed in Schedule "A".The resolution mentions that all new units in these industries (i.e. listed in Schedule A), save where their establishment in the private sector had already been approved would be ...
1
4,357
1,728
### 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: two. Project suggests something very much more extensive than a plant. The learned senior counsel for the app...
URVASHIBEN Vs. KRISHNAKANT MANUPRASAD TRIVEDI
pertains to eviction from tenanted premises which was contested by the tenant. In the said case where rejection of plaint under O.VII R.11(d) was considered on the ground that plaint does not disclose cause of action but not a case for rejection of plaint on the ground of limitation. In the case of Hardesh Ores (supra)...
0[ds]11. It is fairly well settled that, so far as the issue of limitation is concerned, it is a mixed question of fact and law. It is true that limitation can be the ground for rejection of plaint in exercise of powers under O.VII R.11(d) of the CPC. Equally, it is well settled that for the purpose of deciding applica...
0
3,256
1,145
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: pertains to eviction from tenanted premises which was contested by the tenant. In the said case where r...
Sukhnandan Singh Etc Vs. Jamiat Singh & Ors
in judicial proceedings is normally associated with secret arrangement between two persons that the one should institute a suit against the other in order to obtain the decision of a judicial tribunal for some sinister purpose. In such a proceeding the claim put forward is fictitious, the contest feigned or unreal and ...
0[ds]We are, however, unable to find merit in either of them. So far as the question of collusion is concerned it was not clarified by the learned counsel how the plaintiffs could be held to have lost their right of pre-emption merely because their fathers either came to the court with them, which they did openly, or a...
0
2,800
948
### 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: in judicial proceedings is normally associated with secret arrangement between two persons that the one...
Ambaji @ Nana Hanmant Pati Vs. The State of Maharashtra
case rests on the circumstantial evidence, we have no hesitation in holding that the circumstances on which the prosecution relies is consistent with the sole hypothesis of the guilt of the accused. Even medical evidence on record is consistent with the prosecution case. The evidence of P.W.1 and P.W.7 stands corrobora...
0[ds]15. The incident in question took place on 17th September 2014. P.W.1 – Kiran Maskar – nephew of deceased Ganpati deposed that deceased Ganpati is his maternal uncle. When P.W.1 was proceeding for his work towards Kolhapur at about 12.30 p.m., he noticed deceased Ganpati and accused Ambaji – P.W.1 talking in front...
0
6,297
3,220
### 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: case rests on the circumstantial evidence, we have no hesitation in holding that the circumstances on w...
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR Vs. THE STATE OF MADHYA PRADESH
show that the loss incurred was covered within the terms of the policy and that on a balance of probabilities there existed a proximate cause between the loss incurred and the helicopter being in transit. The respondent has adduced no evidence to supports its case. 37. After the respondent informed the appellant on 23 ...
1[ds]12. The dispute before this Court is with respect to the damage to the tail boom of the helicopter and not as regards the damage to the windscreen glass. By a letter dated 10 April 2006, the appellant informed the assured that the total cost of replacement of the windscreen glass was within the policy deductible o...
1
10,450
2,139
### 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: show that the loss incurred was covered within the terms of the policy and that on a balance of p...
Jarnail Singh and Ors Vs. Bhagwanti (D) thr. L.Rs. and Ors
of the said Will nor was he on visiting terms with him. It was admitted that the only relationship that existed between the parties was that of co-villagers. It was also admitted that Jagan Nath was illiterate. DW-3 vaguely put forth the date of execution to be somewhere 11 years ago. 16. The law regarding proof of val...
0[ds]16. The law regarding proof of valid Will is well settled by this Court in catena of judgments. Section 63 of the Indian Succession Act 1925 mandates that the Will shall be attested by two or more witnesses. As per Section 68 of the Evidence Act if only one attesting witness is alive the execution of the Will can ...
0
2,777
911
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of the said Will nor was he on visiting terms with him. It was admitted that the only relationship that exist...
Controller Of Estate Duty Vs. Kamlavati And Shri Jai Gopal Mehra
other facts and circumstances of the case, other than those of the factum of gift, then it cannot be said that the donee had not retained the possession and enjoyment of the property to the entire exclusion of the donor, or, to the entire exclusion of the donor in any benefit to him by contract or otherwise. It makes n...
0[ds]To avoid the conflict in the application of the ratio of the various Supreme Court cases as seems to have been done by some of the High Courts, we would like to clarify and elucidate some of the aspects and facets of the matter a bit further. When a property is gifted by a donor the possession and enjoyment of whi...
0
4,420
665
### 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: other facts and circumstances of the case, other than those of the factum of gift, then it cannot be said ...
National Insurance Co Vs. M/S Sajjan Kumar Aggarwalla
Dr. Arijit Pasayat, J. 1. Leave granted.2. Challenge in this appeal is to the order passed by the National Consumer Dispute Redressal Commission, New Delhi (in short the `National Commission). Challenge before the National Commission was to the order dated 25.7.2006 passed by State Consumer Dispute Redressal Commission...
1[ds]6. The controversy lies, as noted above, within a very narrow compass as to the person to whom D.L. No.1149 was issued. According to respondent it was issued to Sachidananda Nayak. But according to the information supplied by investigator of the appellant-company the license in question was issued to one Santosh K...
1
563
64
### 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: Dr. Arijit Pasayat, J. 1. Leave granted.2. Challenge in this appeal is to the order passed by the National Consumer Dispute ...
Bhanushali Hsg. Coop. Society Ltd Vs. Mangilal
Schedule, and that the sale must be in quantity of 100 mds. or more at any one time. It would be noticed that the requirement is not that the person should merely sell, purchase or store the foodgrains in question, but that he must be carrying on the business of such purchase, sale, or storage; and the concept of busin...
0[ds]In this case, the society is a co-operative bank and ordinarily a co-operative bank cannot be said to be engaged in business when it lets out properties owned by it. Therefore, it seems to us that the present dispute between a tenant and a member of the bank in a building, which has subsequently been acquired by t...
0
5,540
632
### 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: Schedule, and that the sale must be in quantity of 100 mds. or more at any one time. It would be noticed that the requirem...
State Of A.P Vs. National Thermal Power Corpn. Ltd
or otherwise. The, majority has clearly opined that the State where the goods are delivered in the transaction of inter-State sale, cannot levy a tax on the basis that one of the events in the chain has taken place with the State; so also where the goods are in existence and available for the transfer of right to use, ...
0[ds]let us first state what electricity is, as understood in law, and what are its relevant characteristics. It is settled with the pronouncement of this Court in Commissioner of Sales Tax, Madhya Pradesh, Indore vs. Madhya Pradesh Electricity Board, Jabalpur - 1969 (2) SCR 939 that electricity is goods. The definiti...
0
8,768
5,483
### 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: or otherwise. The, majority has clearly opined that the State where the goods are delivered in the transact...
Lalsai Khunte Vs. Nirmal Sinha
Courts have to interpret the law as it stands and not on considerations which may be perceived to be morally more correct or ethical." 10. Therefore, this Court in recent decisions held that the appellate Court has power to stay the execution of the conviction and if appellate Court has stayed the conviction then in th...
0[ds]The appeal under Section 374 is essentially against the order of conviction because the order of sentence is merely consequential thereto; albeit even the order of sentence can be independently challenged if it is harsh and disproportionate to the established guilt. Therefore, when an appeal is preferred under Sec...
0
2,901
365
### 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: Courts have to interpret the law as it stands and not on considerations which may be perceived to be morally more ...
Mulraj Vs. Murti Raghonathji Maharaj
by reason of the fact that the court to which the stay order is addressed must have knowledge of it before it takes effect for it can always be proved that the court to which the stay order was addressed had knowledge of it and that is not a matter which should really create any difficulty or uncertainty. Once it is cl...
0[ds]3. As we have already indicated, the facts on the question raised before us are not inAllahabad High Court seems to have taken an intermediate view and has held that where rights of third parties like a stranger auction-purchaser have intervened the fact that the executing court had no knowledge would protect thir...
0
3,459
2,002
### 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: by reason of the fact that the court to which the stay order is addressed must have knowledge of it before it tak...
O.A.P. Andiappan Vs. Commissioner of Income Tax, Madras & Others
assessee would have been liable to pay in this country a tax of Rs. 10,282,62 p. in the assessment year 1959-60 and Rs. 9,521.35 p. in the assessment year 1960-61. 5. In order to consider the correctness of the contentions advanced by Mr. Ramachandran, we will now turn to the relevant provisions of the Agreement. That ...
0[ds]6. The first portion of article 3 says that each country shall make an assessment in the ordinary way under its own laws. This means to begin with both India and Ceylon were required to assess the assessee in accordance with law prevailing in each of these countries. Thus far it is plain. From this it is clear tha...
0
1,652
258
### 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: assessee would have been liable to pay in this country a tax of Rs. 10,282,62 p. in the assessment ye...
BHARAT PETROLEUM CORP.LTD Vs. R.CHANDRAMOULEESWARAN AND ORS
he is in possession of the property but not afterwards, meaning thereby the ownership of the building is with the lessee and not with the lessor. At the same time, nothing prevents the lessee from contracting to hand over the building or the structure erected on the land constructed by him without receiving compensatio...
0[ds]Thus, while interpreting sub-clause (b) to Section 2(4)(ii), this Court has held that the expression actual physical possession of land and building would mean and require the tenant to be in actual possession and the sub-clause(b) would not apply if the tenant has sub-let the building or has given the premises on...
0
7,891
2,199
### 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: he is in possession of the property but not afterwards, meaning thereby the ownership of the building is wit...
Roshan-Di-Hatti Vs. Commissioner Of Income Tax
for taking additional evidence before the Tribunal and if the Members of the Tribunal wanted to examine Roshan Lal on any aspect of the case, they should have followed this procedure. But, unfortunately, the Members of the Tribunal, disregarding the prescribed procedure, put questions to Roshan Lal in an informal manne...
1[ds]It is true that the assessee was not paying any income-tax in Lahore but, as pointed out by the Appellate Assistant Commissioner in his order, a number of letters and receipts regarding business transactions in Lahore were filed by the assessee which showed that the business in Lahore was not small and there were ...
1
5,891
2,153
### 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: for taking additional evidence before the Tribunal and if the Members of the Tribunal wanted to examine Rosha...
Mohd. Raza Dabstani Vs. State Of Bombay And Ors
his arrival in India the appellant was put in a school but before he attained majority he took up the job of a cashier in a restaurant in Bombay. He attained majority sometime in 1943. Prior to that he was not entitled under the law to change his domicile. He has to establish the change in domicile by proving that afte...
0[ds]3. When the appellant arrived in India he was a minor. His domicile was, therefore, that of his father which was Iranian. This is not disputed. The appellant contends that he had changed his Iranian domicile into an Indian domicile prior to November 21, 1949.The onus of proving the change of domicile is, of course...
0
1,665
1,264
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: his arrival in India the appellant was put in a school but before he attained majority he took up the job of a ca...
Bimal Chandra Dutta Vs. State of West Bengal
Maintenance of Internal Security Act "with a view to preventing him from acting in any manner prejudicial to the maintenance or public order". 2. In pursuance of that order, the petitioner was arrested on December 4, 1971 and was served with the order of detention as well as the ground of detention together with vernac...
1[ds]5. Mr. Varshneya who argued the case amicus curiae on behalf of the petitioner, contended before us that there was inordinate delay on the part of the State Government in disposing of the representation of the petitioner and this fact would invalidate his detention.This contention, in our opinion, is. As mentioned...
1
1,146
779
### 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: Maintenance of Internal Security Act "with a view to preventing him from acting in any manner prejudicial to ...
Director of Enforcement Vs. P.V. Prabhakar Rao
was later discovered that the siphoning of such a huge foreign exchange was the result of a well orchestrated conspiracy hatched by some individuals in and out of India. The Turkish company in return paid a substantial amount to "middlemen" as "kickbacks". The recipients of such kickbacks included those in India and ab...
1[ds]9. Learned Single Judge has taken into account the fact that all other accused arrested in connection with this case have been released on bail. But they were released on bail only on the failure of the investigating agency to complete the investigation within the time prescribed in the proviso to section 167(2) o...
1
1,302
263
### 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: was later discovered that the siphoning of such a huge foreign exchange was the result of a well orchestrate...
Firestone Tyre And Rubber Company Of India Private Limited Vs. The Workmen Employed Represented By Firestone Tyreemployees
workmen were straightaway ordered to be reinstated. The Tribunal having found that the inquiries held against the workmen had not been proper noted that it was well settled that in such a situation the employer should be given an opportunity to adduce evidence before the Tribunal in support of the action taken by them,...
1[ds]During the pendency of the reference all the 76 workmen covered by paragraph 1 (B) of the Schedule who had been taken back on temporary basis were made permanent as a result of settlements reached between these workmen and the management. On behalf of 33 out of 76 of these workmen, the union entered into a settlem...
1
2,558
606
### 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: workmen were straightaway ordered to be reinstated. The Tribunal having found that the inquiries held a...
Faridabad Complex Administration Vs. M/S. Iron Master India (P) Ltd
the years 1991-92, 1992-93 and 1993-94 from the respondent on their properties. The appellant also sought a declaration that a demand notice dated 20.11.1993 raised by the appellant calling upon the respondent to pay Rs. 48,599.40 towards the House Tax on their properties is illegal.5. The appellant filed written state...
0[ds]8. It is unfortunate that no one appeared for the appellant to argue the appeal before this Court when the case was called on for hearing twice. We, however, refrained ourselves from dismissing the appeal in default and instead perused the record with the assistance of Mr. A.K. Singla, learned senior counsel for t...
0
1,331
498
### 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 years 1991-92, 1992-93 and 1993-94 from the respondent on their properties. The appellant also sought a d...
Chief Manager, Punjab National Bank & Anr Vs. Anit Kumar Das
such a rule in the present case makes a crucial difference to the ultimate outcome. In this view of the matter, the Division Bench [Imtiyaz Ahmad v. Zahoor Ahmad Rather, LPA (SW) No. 135 of 2017, decided on 12-10-2017 (J&K)] of the High Court was justified in reversing the judgment [Zahoor Ahmad Rather v. State of J&K,...
1[ds]5. We have heard learned counsel appearing on behalf of the respective parties at length. The appellant Bank invited the applications for the post Peon by giving an advertisement in the local newspaper. In the advertisement itself, it was specifically mentioned that a candidate should have passed 12th class or its...
1
5,544
2,985
### 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: such a rule in the present case makes a crucial difference to the ultimate outcome. In this view of the matter, the Divisi...
Kali Prasad Singh Vs. Ram Prasad Singh & Others
registered gift deed in favour of the appellant, Ex. A-7 dated January 25, 1950. Later on, a decree for partition of the C schedule properties was passed and the half share of Debi Prasad was allotted to him which is set out in the plaint as F schedule properties. Thus, it is apparent that Debi Prasad had 1/6th share i...
1[ds]sets out all the items of property in the B schedule and gives its extent as9 acres. The donor proceeds to state that this is the total extent of the properties continues by mentioning that he has a 1/6th share (ak chattai hissa).To put matters beyond doubt, he added that this 1/6th share is his and is given in gi...
1
1,363
353
### 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: registered gift deed in favour of the appellant, Ex. A-7 dated January 25, 1950. Later on, a decree for partition ...
Beni Madhab Shaw Alias Benia Vs. State of West Bengal
dated May 10, 1972. He was arrested on the same day.3. The grounds of detention were also served on the petitioner on that very day at the time of his arrest. Those grounds read :"1. That on 24-3-72 at about 2.25 hours, you along with your associates committed theft of 4 bags of rice, of breaking open wagon No. 40765 o...
0[ds]6. The submission appears to us to be misconceived. This assertion in the counter affidavit, in answer to the present petition, merely suggests that the two grounds on the basis of which the impugned order was made and which were duly supplied to the petitioner, were founded on reliable information received by the...
0
1,155
476
### 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: dated May 10, 1972. He was arrested on the same day.3. The grounds of detention were also served on the pet...
K. V. Narayanaswami Iyer Vs. K. V. Ramakrishna Iyer And Ors
account for the period of his management. It is true that at the trial Mahadeva tried to explain away this assertion in the written statement by saying that this was based on information given to him by the defendant No. 1. In the very next sentence, however, he again said that this view that the plaintiff was exclusiv...
0[ds]15. The legal position is well settled that if in fact at the date of acquisition of a particular property the joint family had sufficient nucleus for acquiring it, the property in the name of any member of the joint family should be presumed to be acquired from out of family funds and so to form part of the joint...
0
5,963
2,426
### 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: account for the period of his management. It is true that at the trial Mahadeva tried to explain away this ...
SUMER SINGH JAT AND ORS. Vs. STATE OF RAJASTHAN AND ORS.
Abhay Manohar Sapre, J.1. Leave granted. 2. These appeals are directed against the final judgments and orders passed by the High Court of Judicature for Rajasthan Bench at Jaipur in D.B. Special Appeal Writ Nos. 794/2017 dated 20.09.2017, 908/2017 dated 06.10.2017, 792/2017, 801/2017 & 815/2017 dated 25.10.2017, 826/20...
1[ds]8. Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal and remand the case to the Division Bench of the High Court for deciding the appeals afresh on merits9. The need to remand the case has been occasioned as the Division Bench has not ...
1
476
143
### 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: Abhay Manohar Sapre, J.1. Leave granted. 2. These appeals are directed against the final judgment...
State Of West Bengal Vs. M/S. B. K. Mondal And Sons
Pat 324 ) (FB) ). Mr. Sen pressed into service the analogy of the minor and contends that the result of S. 175 (3) of the Act is to make the appellant incompetent to enter into a contract unless the contract is made as required by S. 175 (3). In our opinion, this argument is not well founded. Section 175 (1) provides f...
0[ds]In our opinion, there can be no doubt that failure to comply with the mandatory provisions of the said Section makes the contracts invalid. The question as to whether mandatory provisions contained in statutes should be considered merely as directory or obligatory has often been considered in judicial decisions. I...
0
9,013
2,823
### 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: Pat 324 ) (FB) ). Mr. Sen pressed into service the analogy of the minor and contends that the result of S. 175 (3)...
Union of India (UOI) and Ors Vs. Udai Bhan Singh
of the principles of natural justice. The submission found favour with the High Court in the impugned judgment. The question as to whether there was a failure of natural justice was dealt with by the disciplinary authority. Thereafter, the issue was considered by the appellate authority. The Tribunal, while dealing wit...
1[ds]The question as to whether there was a failure of natural justice was dealt with by the disciplinary authority. Thereafter, the issue was considered by the appellate authority. The Tribunal, while dealing with the submission, came to the conclusion that the Respondent was attempting to take undue advantage of the ...
1
3,474
717
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: of the principles of natural justice. The submission found favour with the High Court in the impugned judgment. Th...
M/s. Century Textiles Industries Ltd Vs. Deepak Jain & Another
and Ravinder Kaur Vs. Ashok Kumar & Anr. (2003) 8 SCC 289. 11. Per contra, Mr. Shiv Sagar Tiwari, learned counsel appearing on behalf of the respondents, supported the impugned judgment and submitted that the Executing Court had misread the evidence while coming to the conclusion that Deepak Jain and D.K. Jain are one ...
1[ds]14. In our opinion, on facts in hand, the Executing Court had no option but to determine the question of identity of the judgment-debtor because of the direction of the High Court and the issues raised before it. Indeed, no objection to the jurisdiction of the Executing Court to determine the issue could or was ra...
1
2,678
776
### 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: and Ravinder Kaur Vs. Ashok Kumar & Anr. (2003) 8 SCC 289. 11. Per contra, Mr. Shiv Sagar Tiwari, learned c...
Mahant Narayangiri Guru Mahant Someshwarigiri Vs. State of Maharashtra and Another
KHANNA, J. 1. This is an appeal by special leave by Mahant Narayangiri against the judgment and decree of the Bombay High Court affirming on appeal the decision of the trial Court. Whereby the suit filed by the plaintiff-appellant, had been dismissed. At the time leave was granted, it was restricted to the question as ...
0[ds]4. We have heard Mr. Desai on behalf of the appellant and are of the opinion that in view of the finding of the High Court that the property in dispute belongs to a public institution of a religious and charitable nature and has been rightly entered in the Endowment Register maintained under the Hyderabad Endowmen...
0
661
273
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: KHANNA, J. 1. This is an appeal by special leave by Mahant Narayangiri against the judgment and decree ...
Commissioner of Income Tax, Delhi (Central -I) Vs. Continental Construction Ltd
in this connection, refer to the earlier judgments of the Gujarat High Court which have been discussed at length in the impugned judgment. After the decision of this Court in the case of Commr. of Income Tax v. Indian Engineering and Commercial Corporation, (1993 AIR SCW 1515) (supra), the Gujarat High Court has now, i...
0[ds]9. The question of interpreting the provisions of S.40(c) and 40A(5) in connection with persons who are both employees and Directors of the company has come up for consideration in a number of cases before the High Court and before this Court. In the impugned judgment before us (which is reported in 185 ITR 178 : ...
0
4,378
2,177
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: in this connection, refer to the earlier judgments of the Gujarat High Court which have been discussed at le...
PIONEER URBAN LAND AND INFRASTRUCTURE LTD Vs. GOVINDAN RAGHAVAN
in Clause 11.5, then he shall not be entitled to terminate the Agreement thereafter, and shall be bound by the provisions of the Agreement. 6.6. Section 2 (r) of the Consumer Protection Act, 1986 defines ‘unfair trade practices? in the following words : ?‘unfair trade practice? means a trade practice which, for the pur...
0[ds]7. In view of the above discussion, we have no hesitation in holding that the terms of the Apartment Buyer?s Agreement dated 08.05.2012 were wholly one-sided and unfair to the Respondent – Flat Purchaser. The Appellant – Builder could not seek to bind the Respondent with such one-sided contractual terms.We also re...
0
4,585
420
### 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: in Clause 11.5, then he shall not be entitled to terminate the Agreement thereafter, and shall be bound...
Harpal Singh Chauhan and Othersv. State of Uttar Pradesh,. Sarvesh Sharma and Others Vs. State of Uttar Pradesh
the District Magistrate are required to consult and discuss the names of the persons fit to be included in the panel and to include such names in the panel. The expressions panel of names of persons, do not mean that some names are to be suggested by the Sessions Judge and some comments are to be made, in respect of th...
1[ds]10. In the present case, it appears to be an admitted position that appointments of the appellants as Assistant District Government Counsel (Criminal) is governed by Section 24 of the Code, as well as different paragraphs of Chapter VII of the Manual. It was not disputed on behalf of the State, that appellants sha...
1
4,484
1,931
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the District Magistrate are required to consult and discuss the names of the persons fit to be includ...
Bokaro & Ramgur Ltd Vs. State of Bihar & Another
of 99 years. On April 7,1949 the Raja settled his reversionary interest in the property for the benefit of a Trust under a registered deed of settlement. The estate of Ramgarh was notified under S. 3(1) of the Bihar Land Reforms Act (Act 1 of 1950) for being taken over by the Government of Bihar and in consequence the ...
0[ds]Before a party can complain of an infringement of his fundamental right to hold property he must establish that he has title to that property and if his title itself is in dispute and is the subject of adjudication in proceedings legally constituted, he cannot obviously put forward any claim based on his title unt...
0
1,296
99
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of 99 years. On April 7,1949 the Raja settled his reversionary interest in the property for the benefit...
Boloma Tea Estate and Others Vs. Assistant Commissioner of Taxes, Assam and Others
HEGDE, J.1. The question of law arising for decision in this case is fully covered by the decision of this court in State of Assam v. Deva Prasad Barua The appellants in the cases are the owners of a tea estate. The assessment with which we are concerned herein is of the assessment year 1955-56. In that year the assess...
0[ds]But, that allegation was denied by the department in theirThe appellants have not adduced any evidence to show that the return in question was submitted under protest. We have gone through the return submitted by the appellants. There is no mention in that return that it was made under the protest. There is no oth...
0
589
170
### 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: HEGDE, J.1. The question of law arising for decision in this case is fully covered by the decision of this co...
Dr. A. Selvaraj Vs. C.B. M. College and Ors
SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.10.2021 passed by the High Court of Judicature at Madras in Writ Appeal No.704 of 2020 by which the High Court has disposed of the said appeal without granting any relief which was claimed, the original appellant has preferred ...
1[ds]4. Having heard learned counsel for the respective parties, we are of the opinion that as there was a delay in making the payment of retirement benefits and settling the dues for which the appellant employee is not at all responsible, he is entitled to the interest on the delayed payment. Even the Division Bench o...
1
1,081
300
### 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: SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.10.2021 passed b...
Union Of India & Ors Vs. Seth R. Dalmia
is necessary" it could not possibly mean that approval of the Central Government was unnecessary, and we have no doubt that it meant that no formal order conveying the approval was necessary. Regarding the statements in the affidavits of Shri J. P. Singh and Shri P. G. Gandhi that all work relating to the reopening of ...
1[ds]It is not quite clear whetherthe High Court was not satisfied that Shri J. P. Singhs proposal for a change in the allocation of work was at all approved by the Government or that in the absence of a formal order to that effect the approval was of no consequence.The High Court does not appear to have taken any note...
1
3,534
1,027
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: is necessary" it could not possibly mean that approval of the Central Government was unnecessary,...
Jayakantham Vs. Abaykumar
appellate court.”(iv) These principles were followed by this Court in A.C. Arulappan v. Smt. Ahalya Naik (2001) 6 SCC 600 ), with the following observations :“…..7. The jurisdiction to decree specific relief is discretionary and the court can consider various circumstances to decide whether such relief is to be granted...
1[ds]8. While evaluating whether specific performance ought to have been decreed in the present case, it would be necessary to bear in mind the fundamental principles of law. The court is not bound to grant the relief of specific performance merely because it is lawful to do so. Section 20(1) of the Specific Relief Act...
1
2,768
345
### 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: appellate court.”(iv) These principles were followed by this Court in A.C. Arulappan v. Smt. Ahalya Nai...
D.D. Suri Vs. Union of India and Another
an officer might be good enough to be a Divisional Commissioner and might not be good enough to be the Joint Secretary to the Government of India, hits at the very root of the system of Administration which we have adopted in this Country. It further expressed that the fact that most of the States have got Divisional C...
0[ds]At the very outset, we tried to impress on the petitioner that his main relief, i.e. with respect to fixation of the year of allotment according to the N formula, had become infructuous, as he had already retired from service and only the subsidiary relief i.e., for giving necessary benefits to him in the fixation...
0
9,690
1,551
### 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: an officer might be good enough to be a Divisional Commissioner and might not be good enough to be the Joint Secr...
Zuari Industries Ltd Vs. Commnr. Of Central Excise & Customs
(supra), this Court held that essentiality certificate must be treated as a proof of fulfillment of the eligibility conditions by the importer for obtaining the benefit of the exemption notification. We may add that, the essentiality certificate is also a proof that an item like Captive Power Plant in a given case coul...
1[ds]9. We find merit in this civil appeal filed by the assessee for the following reasons.10. Firstly, on the facts we find that the assessee had given to the sponsoring Ministry its entire Project Report. In that report they had indicated that for the expansion of the fertilizer project they needed an extra item of c...
1
3,795
1,249
### 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: (supra), this Court held that essentiality certificate must be treated as a proof of fulfillment of the el...
Sitaram Ramcharan & Others Vs. M.N. Nagrashna
compensation sent to the workmans employer. In other words, according to that decision, the limitation of six months prescribed by S. 2(1) applies to the notice of claim which a workman has to give to his employer; it had no reference to the proceedings which a workman would institute before the tribunal claiming to re...
0[ds]It is clear that this award proceeded on the assumption that the relevant provisions of the Factories Act did not apply to the appellants. On May 2, 1952, the appellate decision delivered by the Chief Judge of the Court of Small Causes in the case of Ruby Mills; vide Bombay Labour Gazette dated January 1953. Vol. ...
0
5,253
1,438
### 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: compensation sent to the workmans employer. In other words, according to that decision, the limitation of six months presc...
Achutyanand Singh & Another Vs. State of Bihar & Others
helpful to reproduce R. 39: "39. Compulsory amalgamation of societies: (1) If the Registrar is satisfied, after taking into consideration the financial position of two or more societies and such other matters relating to the societies as may be proper, that it is in the interest of those societies to be amalgamated int...
1[ds]5. Before considering the merits of this contention, we consider it proper to refer to tome of the statutory provisions. The Bihar and OrissaCooperativeSocieties Act (No. VI of 1935) was enacted in May 1935 to consolidate and amend the law relating toCooperativeSocieties in the State of Bihar and Orissa. Under S. ...
1
1,889
522
### 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: helpful to reproduce R. 39: "39. Compulsory amalgamation of societies: (1) If the Registrar is satisfied, after taking in...
A.C. Muthiah Vs. Board of Control for Cricket in India and Ors
have asserted that these payments were reflected in the Balance Sheet of BCCI for the financial year ending March 2009. The payments were first sanctioned by the then Chairman of the Governing Council of IPL and later on ratified by all the Governing Council Members and the same was approved by General Body of BCCI. Th...
0[ds]Admittedly, the Appellant is not a member, as defined in Clause 1(b) of the Regulations of the Respondent No. 1. It is not his case that either he is a Full Member or an Association member or an Affiliate Member of the Respondent No. 1 within the meaning of Clause 3 of the Regulations. Though the term Administrato...
0
16,669
7,119
### 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: have asserted that these payments were reflected in the Balance Sheet of BCCI for the financial year ending March 2009. Th...
Commnr.,Central Excise, Madras Vs. M/S. Adison & Co. Ltd
Rules are so framed as to make it highly difficult for any consumer organisation to get the grant. There is no provision in the Act, Shri Nariman submitted, to locate the person really entitled to refund and to make over the money to him. “We expect a sensitive Government not to bluff but to hand back the amounts to th...
1[ds]This Court approved the normal practice under which discounts are given and held that the discount is known to the dealer at the time of purchase. The Additional Solicitor General submitted that any credit note that was raised post clearance will not be taken into account for the purpose of a refund by the Departm...
1
7,003
906
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: Rules are so framed as to make it highly difficult for any consumer organisation to get the grant. Ther...
Smt. Manshan and Others Vs. Tej Ram and Others
appeal is covered by the ratio of the decision in Giasi Ram v. Ramji Lal ((1969) 3 SCR 944 : (1969) 1 SCC 813 ), which case was cited before the High Court but since the full report of the judgment was not available to it, it could not correctly apply the principle and decided the case against the appellants by taking ...
1[ds]In our opinion this appeal is covered by the ratio of the decision in Giasi Ram v. Ramji Lal ((1969) 3 SCR 944 : (1969) 1 SCC 813 ), which case was cited before the High Court but since the full report of the judgment was not available to it, it could not correctly apply the principle and decided the case against...
1
1,100
324
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: appeal is covered by the ratio of the decision in Giasi Ram v. Ramji Lal ((1969) 3 SCR 944 : (1969) 1 SCC ...
THE STATE OF BIHAR Vs. THE BIHAR SECONDARY TEACHERS STRUGGLE COMMITTEE MUNGER
parity that is claimed is by the larger group with the lesser group as stated above which itself is a dying or a vanishing cadre. d) The mode of recruitment of Niyojit Teachers is completely different from that of the Government Teachers as stated above. 77. If a pay structure is normally to be evolved keeping in mind ...
1[ds]56. At the outset we must note that though the 86 th Constitution Amendment Act was passed in the year 2002, the Article was brought into force on 1.4.2010 i.e. at least after eight years. It is also a matter of record that the RTE Act which was, all the while in contemplation, was enacted in the year 2009 and was...
1
39,769
3,381
### 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: parity that is claimed is by the larger group with the lesser group as stated above which itself is a d...
Dalip Singh Vs. Bhupinder Kaur
Deepak Gupta, J.1. Leave granted.2. This appeal is directed against the judgment dated 05.08.2016 in Regular Second Appeal No. 1442 of 2010 passed by the High Court of Punjab & Haryana at Chandigarh whereby concurrent findings of fact of the trial court and the lower appellate court have been set aside.3. Briefly state...
1[ds]7. We fail to understand how the High Court could come to this conclusion. In the written statement the Defendant had denied the averments made in Para 2 of the plaint. The Defendant had denied that he had received Rs. 92,000/- as earnest money. There was no admission by him of any of the allegations. The reasonin...
1
752
103
### 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: Deepak Gupta, J.1. Leave granted.2. This appeal is directed against the judgment dated 05.08.2016 in Regular ...
M/S. Sea Lark Fisheries Vs. United India Insurance Co.
of entering into a contract of insurance were left blank. 10. The Division Bench of the High Court has noticed Rule 31 of the Tamil Nadu Minor Ports Harbour Craft Rules, 1953 which mandates posting of a Master or Serang and one Engineer or Engine Driver in every mechanically propelled vessel, when used. The driver is r...
0[ds]17. Where there has been a suppression of fact, acceptance of the policy by an officer of the insurance company would not be binding on it. The Division Bench of the High Court, in our opinion, having regard to the statutory provisions, has rightly held that the plaintiff suppressed the material fact. Moreover, in...
0
2,037
410
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: of entering into a contract of insurance were left blank. 10. The Division Bench of the High Court has notic...
Hungerford Investment Trust Limited (In Voluntar Vs. Haridas Mundhra & Others
be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of a decree for the specific performance of a contract or for an injunction by detention in the civil prison, or by the attachment of his property or by both.(2) Where the party against whom a decree...
1[ds]32. The execution of a decree for specific performance can only be in the manner prescribed by this rule; sub-rule (1) of the rule says that if a decree for specific performance is not obeyed, the decree is to be enforced by the detention of the party in default in the civil prison or by attachment of his property...
1
8,386
709
### 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: be enforced in the case of a decree for restitution of conjugal rights by the attachment of his property or, in the case of ...
Ram Ratna International Vs. The Union of India Through The Secretary, Ministry of Commerce and Industry and Others
office had reported that there are dues pertaining to non-submission of BRC. It is in the above context that the Zonal Committee agreed to grant conditional approval to the claim of Rs.4,22,16,175.00 of the Petitioner subject to clearance of the customs department 23. From the above, it is evident that Petitioner has s...
1[ds]20. We have noticed the salient features of the Target Plus Scheme which was made effective from 01.04.2004. Petitioner had made net exports of Rs.42,21,61,757.21 in the year 2004-2005. This increased to Rs.91,45,81,389.72 in the year 2005-2006, percentage of increase being 119.34 percent. Thus in terms of the sch...
1
3,402
1,056
### 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: office had reported that there are dues pertaining to non-submission of BRC. It is in the above context that the Zonal Com...
Karan Singh Vs. State of Uttar Pradesh
Alagiriswami, J. 1. This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the sentence of death passed on the appellant by the learned Sessions Judge, Moradabad. 2. On the night of 14th/15th June, 1969 Kartar Singh the son of Smt. Moonga, was murdered in the village Karthala,...
0[ds]3. Both the Sessions Judge and the learned Judges of the High Court have on a consideration of the evidence come to the conclusion that the motive alleged for the murder was fully proved. Smt. Moonga herself could not be produced. At one stage she had filed a petition saying that the accused should not be released...
0
901
555
### 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: Alagiriswami, J. 1. This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the se...
Jose Da Costa & Another Vs. Bascora Sadashiva Sinai Narcornim & Anr
possession for 15 years."Article 529 of the Code is as follows:-"When, however, the possession of immovable property or rights to immovable property referred to in the foregoing article has lasted for a period of 30 years, prescription will operate; and no mala fide or absence of title can be averred, except the provis...
1[ds]After examining the entire evidence, oral and documentary, the Judicial Commissioner has come to the conclusion that the defendants have failed to prove their acquisition of full title to the suit property by prescription under the law in force at the relevant time.During the hearing we did not have before us any ...
1
3,700
699
### 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: possession for 15 years."Article 529 of the Code is as follows:-"When, however, the possession of immovable...
Union Of India Vs. Jyoti Chit Fund & Finance & Ors
2193-50 to which the defendant judgment-debtor is entitled, subject to any claim of the said J. D. and the said Pay and Accounts Officer is hereby prohibited and restrained, until the further order of this court from delivering of the said property to any person.Given under my hand and seal of the Court on 12th day of ...
1[ds]We agree and indeed appreciate the States anxiety to fulfill the policy of the statute on behalf of the weaker-sections by taking up the burden on itself. May be, it is like a test case ventilating a cause in which a large number of employees may be vitallyare inclined to hold, , without hesitation that on all the...
1
2,274
509
### 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: 2193-50 to which the defendant judgment-debtor is entitled, subject to any claim of the said J. D. and the said Pay and A...
UNION OF INDIA Vs. MOOLCHAND KHAIRATI RAM TRUST
apparent that before imposing the conditions in lease deeds, a High Level 10Member Committee for hospitals in Delhi was constituted, headed by Mr. Justice A.S. Qureshi regarding the working of the hospitals and nursing homes in Delhi, to review the existing free treatment facilities extended by the charitable and other...
1[ds]52. In the wake of globalisation, we are in a regime of Intellectual Property Rights. Even these rights have to give way to the human rights. It is an obligation of the Government to provide lifesaving drugs to havenots at affordable prices so as to save their lives, which is part ofArticle 21 of the Constitution ...
1
31,491
5,887
### 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: apparent that before imposing the conditions in lease deeds, a High Level 10Member Committee for hospitals...
UNION OF INDIA (UOI) AND OTHERS Vs. MANGAL TEXTILE MILLS (I) P. LTD. AND OTHERS
his factory, on the dates mentioned above, in the prescribed format duly certified by a Chartered Accountant or Cost Accountant. 4. Accordingly, in order to avail benefit of the said special procedure, the Assessee filed an application with the Commissioner in the prescribed form, declaring a total investment in the pl...
1[ds]8. We find substance in the contention of Learned Counsel for the Appellants. It is true that power of the High Court to issue prerogative writs under Article 226 of the Constitution is plenary in nature and cannot be curtailed by other provision of the Constitution or a Statute but the High Courts have imposed up...
1
1,491
459
### 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: his factory, on the dates mentioned above, in the prescribed format duly certified by a Chartered Accou...
Common Cause & Others Vs. Union of India & Others
funds, taking into consideration their requirements of health, education, communication, recreation, livelihood and cultural lifestyle as indicated in this Courts judgment in T.N. Godavaraman Thirumulpad v. Union of India & Others 2008(2) R.C.R.(Civil) 9 : (2008) 2 SCC 222. " 214. Subsequently on 28th April, 2014 this ...
0[ds]20. Insofar as the first issue is concerned, it is common ground that that issue has been fully, conclusively and exhaustively dealt with by this Court by a judgment and order dated 4th April, 2016 (Common Cause v. Union of India), 2016(3) R.C.R.(Civil) 518 : 2016(3) Recent Apex Judgments (R.A.J.) 555 : (2016) 11 ...
0
30,811
7,160
### 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: funds, taking into consideration their requirements of health, education, communication, recreation, livelihood an...
K. Chithhayan Vs. State of Tamil Nadu
of 10 years rigorous imprisonment and a fine of Rs.1,00,000/- as was imposed by learned Special Judge, Salem. 2. Background facts in a nutshell are as follows:Veerannan (PW-1), Sub Inspector of Police, attached to N.I.B. C.I.D., Salem on 16.12.1999 at about 9.00 A.M. along with Vellingiri (PW-4), Head Constable No.910 ...
0[ds]6. So far as Section 42(2) is concerned it is to be noted that search was made in public place and not in a building and as such what was applicable was Section 43 and not Section 42 (2) of the Act.So far as the applicability of Section 50 of the Act is concerned, it is to be noted that there was search of the bag...
0
1,220
85
### 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: of 10 years rigorous imprisonment and a fine of Rs.1,00,000/- as was imposed by learned Special Judge, Salem. 2. Background ...
FOUNDATION FOR MEDIA PROFESSIONALS Vs. UNION TERRITORY OF JAMMU AND KASHMIR & ANR
Anuradha Bhasin (supra) judgment): table 13. The above measures taken by the Respondent No. 1 have to be seen in light of the circumstances already highlighted by the learned Solicitor General regarding the existing law and order and national security situations in the Union Territory, and the occurrence of incidents t...
1[ds]Although the Petitioners have objected to the note filed by the Respondent No. 1, taking into consideration the far-reaching consequences of the issues involved herein, we have considered the submissions of both parties12. At the outset, we have already laid down that the fundamental rights of citizens need to be ...
1
2,632
737
### 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: Anuradha Bhasin (supra) judgment): table 13. The above measures taken by the Respondent No. 1 have to b...
Sureshchandra Singh Vs. Fertilizer Corpn. Of India Ltd.
special leave.3. It is urged on behalf of appellants that the OM dated 13th May 1998 by itself increased the retirement age and the policy set out therein is mandatory and binding on FCIL to enhance the retirement age. This OM is applicable only to employees in Government Civil Services and not to employees in the Publ...
0[ds]This OM is applicable only to employees in Government Civil Services and not to employees in the Public Sector Enterprises. Hence by reason of this OM, the appellants cannot contend that they are entitled to continue in service till they attain the age of 60 years.6. It is also to be noted that the OM dated 19th M...
0
1,601
469
### 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: special leave.3. It is urged on behalf of appellants that the OM dated 13th May 1998 by itself increased the retirement a...
Sheikh Mohd. Omer Vs. Collector Of Customs, Calcutta & Ors
and Exports (Control) Act, 1947 provides:"Powers to prohibit or restrict imports and exports :-(1) The Central Government may, by order published in the Official Gazette, make provision for prohibiting, restricting or otherwise controlling, in all cases or in specified classes of cases and subject to such exceptions, i...
0[ds]13. We entirely agree with those observations and reject the contention of the appellant that "Jury Maid" was a pet animal.14. This takes us to the question whether by importing the mare "Jury Maid" the appellant contravened Section 111 (d) read with Sec. 125 of the Act. It was urged on behalf of the appellant tha...
0
2,000
757
### 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: and Exports (Control) Act, 1947 provides:"Powers to prohibit or restrict imports and exports :-(1) The Central Government ma...
Haryana Tourism Corp. Ltd Vs. Fakir Chand
K.G. Balakrishnan, J. 1. Appellant - Haryana Tourism Corporation Limited in these appeals is a Government-owned company incorporated under the Companies Act. The appellant-corporation was engaged in the tourism-related activities in the State of Haryana. As part of its activities, the appellant-corporation started vari...
0[ds]3. It is important to note that some of the fast food centres, which were under the management of thewere entrusted to the Transport Department and there was a change of policy made in the month of September, 1991. This plea was raised by the appellant before the labour court when one of the employees of thewho wa...
0
891
464
### 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: K.G. Balakrishnan, J. 1. Appellant - Haryana Tourism Corporation Limited in these appeals is a Government-owned company inc...
Prem Nath Kaul Vs. The State Of Jammu & Kashmir
treated the problem of Kashmir on a special basis and that though the association of Kashmir with India which began with the Instrument of Accession has been steadily and gradually growing closer and closer on a democratic basis, it still presents features not common to any other State included in the Union of India. W...
0[ds]These provisions make it clear that his Highness could enlarge the list of reserved matters thereby limiting the jurisdiction of the Praja Sabha. Similarly the legislative procedure prescribed by Section 31, sub-sections (2) and (3) clearly shows that it is only such bills as received the assent of His Highness th...
0
11,274
2,303
### 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: treated the problem of Kashmir on a special basis and that though the association of Kashmir with India which beg...
Regional Provident Fund Commissioner Vs. M/S. Ict. Rolling Mills Pvt. Ltd
Sri Krishna Metal Manufacturing Company, 1962 (Supp.) 3 SCR 815 and was reiterated in Regional Provident Fund Commissioner v. Shibu Metal Works, 1965(2) SCR 72.2. The purpose of the aforesaid prologue is to find out as to when power under Section 14-B of the Act should be allowed to be used and whether it would in cons...
1[ds]6. Shri Mohan, learned counsel for the respondent, pleads that keeping in view what had been ordered by this Court in Christian Medical College, and Brown Memorial Hospital v. Regional Provident Fund Commissioner, 1989(Supp) 2 SCC 95 , we may not sustain the order of the Commissioner. In that case dues were not pa...
1
1,235
227
### 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: Sri Krishna Metal Manufacturing Company, 1962 (Supp.) 3 SCR 815 and was reiterated in Regional Provident Fund Commissioner...
S. C. Prashar, Income-Tax Officer,Market Ward, Bombay And Vs. Vasantsen Dwarkadas And Others
escaped income. But those who are guilty of an omission or failure or who give incorrect particulars or conceal the particulars of their income must stand exposed to action for a longer time. The difference between these two cases is understandable. Those who are deliberately in default generally cover up their action ...
1[ds]To my mind, all that these words mean is that the section to be considered is the section as it stood before it was amended by the ]Finance Act, 1956, that is to say, the section as it stood as a result of the amending Act of 1948, for that was the section which was in force immedi- ately before the amendment affe...
1
36,671
1,080
### 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: escaped income. But those who are guilty of an omission or failure or who give incorrect particulars or...
Vishwa Vijai Bharti Vs. Fakhrul Hasan & Ors
not in possession in the year 1359 Fasli shall be called an Adhivasi of the land and shal l be entitled to retain possession thereof. The names of the respondents were entered as occupants in the revenue record of 1356 Fasli but after considering the entire evidence, the District Court rejected those entries on the gro...
1[ds]We find it quite difficult to understand how the High Court could hold that the District Court had not recorded any "clear finding" that the entries in the revenue record for the year 1356 Fasli were fraudulent. Evidently, the attention of the High Court was not drawn to at least half a dozen reasons given by the ...
1
2,030
476
### 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: not in possession in the year 1359 Fasli shall be called an Adhivasi of the land and shal l be entitled to ...
Ramesh Rajagopal Vs. Devi Polymers Pvt. Ltd
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 of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR ...
1[ds]21. As regards the commission of offences under the Information Technology Act, 2000 the allegations are that the appellant had, with fraudulent and dishonest intention on the website of Devi Consultancy Services i.e. www.devidcs.com that the former is a sister concern of Devi Polymers. Further, that this amounts ...
1
2,758
294
### 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 and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an inve...
Amalgamated Electricity Co. Ltd Vs. Jalgaon Borough Municipality
assistance to the appellant. The High Court also considered lot of other circumstances which were not at all relevant for the purpose of construing clause 3 of the agreement. In order to interpret the document, it may be necessary to extract clauses 2 and 3 of the said agreement:"2. The Company shall supply to the Muni...
1[ds]The plaintiff/appellants case was based mainly on clause 3 of the agreement but the High Court instead of concentrating its attention on the interpretation of the scope and ambit of this particular clause appears to have entered upon a covering inquiry and a detailed determination of the history of the case, the v...
1
1,749
631
### 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: assistance to the appellant. The High Court also considered lot of other circumstances which were not at all...
Sambangi Applaswamy Naidu and Others Vs. Behara Venkataramanayya Patro and Others
deed to suggest that there was an implied surrender of the lessees rights while in the later case the court held that the terms of the mortgage deed showed that the lessee had impliedly surrendered his rights. In other words, it all depends upon whether by executing a possessory or usufructuary mortgage in favour of a ...
1[ds]In our view the answer to the question raised in this appeal must depend upon whether there was an implied surrender of the lessees rights when the usufructuary mortgage was executed in his favour by the lessor-mortgagor. And this obviously depends upon what was the intention of the parties at the time of the exec...
1
2,303
465
### 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: deed to suggest that there was an implied surrender of the lessees rights while in the later case the court held ...
STATE GOVERNMENT OF MADHYA PRADESH Vs. NARSINGH MANDIR, CHIKHALDA
affairs of the temple, it was required by them to adopt the procedure in getting their names in the revenue records. 7. The Trial Court after recording the evidence of the parties and hearing the arguments dismissed the suit holding that the temple was the public property and, therefore, the name of the Collector was e...
1[ds]2. When the matter was called out nobody appeared on behalf of the appellants. Instead of dismissing the matter in default or for non-prosecution, we deemed it proper to go through the judgment and the material available on record and decide the same on merits with the assistance of learned counsel for the respond...
1
1,712
470
### 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: affairs of the temple, it was required by them to adopt the procedure in getting their names in the revenue records. 7. T...
G.M.,Kisan Sahkari Chini Mills Ltd.,U.P Vs. Satrughan Nishad
that majority of the shares were held by cane growers. Of course, it was not said that the Government of Uttar Pradesh did not hold any share. Before this Court, it was stated on behalf of the contesting respondents in the counter affidavit that the Government of Uttar Pradesh held 50% shares in the Mill which was not ...
1[ds]8. From the decisions referred to above, it would be clear that the form in which the body is constituted, namely, whether it is a society or co-operative society or a company, is not decisive. The real status of the body with respect to the control of government would have to be looked into. The various tests, as...
1
3,001
1,051
### 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: that majority of the shares were held by cane growers. Of course, it was not said that the Government of Utta...
M.P. Electricity Board Vs. Shail Kumari
such pilferage by installing necessary devices. At any rate, if any live wire got snapped and fell on the public road the electric current thereon should automatically have been disrupted. Authorities manning such dangerous commodities have extra duty to chalk out measures to prevent such mishaps. 8. Even assuming that...
1[ds]13. In the present case, the Board made an endeavour to rely on the exception to the rule of strict liability (Rylands vs. Fletcher) being "an act of stranger". The said exception is not available to the Board as the act attributed to the third respondent should reasonably have been anticipated or at any rate its ...
1
2,005
407
### 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: such pilferage by installing necessary devices. At any rate, if any live wire got snapped and fell on the public road the e...
The Indian Oxygen Limited Vs. Workmen And Others
by the tribunal to be too small. It seems to us therefore that for the purpose of comparison the tribunal rightly took into account practically the companies suggested by the appellant. The tribunal also mentioned some other companies which were indicated on behalf of the workmen, for example, the Indian Cable Company ...
0[ds].We are of opinion that there is no force in- any of these contentions. There is no doubt that wage scales which were revised by the tribunal were fixed as far back as- 1949. Obviously, therefore, there would be a clear case :for, revision of wage-scales in 1962, for it is not, and cannot be, disputed that there h...
0
2,465
1,470
### 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: by the tribunal to be too small. It seems to us therefore that for the purpose of comparison the tribunal r...
Pimpri Chinchwad Municipal Corporation & Others Vs. M/s. Gayatri Construction Company & Another
stretch of imagination; hence it was not necessary to observe the principles of natural justice. It is not also an executive or administrative act to attract the duty to act fairly. It was -- as has been repeatedly urged by Shri Ramaswamy -- a matter governed by a contract/agreement between the parties. If the matter i...
1[ds]13. Therefore, the High Court ought not to have entertained the writ petition. Additionally, it appears that by order dated 17.1.2007 interim stay of the impugned order was granted and was continued by order dated 12.2.2007. It is pointed out by learned counsel for the appellants that since the order of the High C...
1
3,637
158
### 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: stretch of imagination; hence it was not necessary to observe the principles of natural justice. It is not also an executi...
Giani Ram & Ors Vs. Ramji Lal & Ors
the Punjab a declaratory decree obtained by the reversionary heir in an action to set aside the alienation of ancestral property enured in favour of all persons who ultimately took the estate on the death of the alienor for the object of a declaratory suit filed by a reversionary heir impeaching an alienation of ancest...
1[ds]must stand rejected. The High Court has granted a decree in favour of the three sons for a half share in the property, and the decree is not challenged in an appeal by the respondents.The respondents cannot now be permitted to challenge that part of the decree. In any event there is nothing in the Hindu Succession...
1
1,919
1,212
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the Punjab a declaratory decree obtained by the reversionary heir in an action to set aside the alienation of ance...