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Lallubhai Jogibhai Patel Vs. Union Of India & Ors
1980 SC 1983 ), this Court reiterated the principle as follows:"One of the basic requirements of clause (5) of Article 22 is that the authority making the order of detention must, as soon as may be, communicate to the detenu the grounds on which the order of detention has been made and under sub-section (3) of Section ...
1[ds]16. In the previous petition, though it was alleged that there was delay in supply of copies of the documents relied on by the detaining authority in passing the impugned order of detention, no specific ground was taken that documents covering about 236 pages which were relied upon by the detaining authority in pa...
1
4,510
1,342
### 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: 1980 SC 1983 ), this Court reiterated the principle as follows:"One of the basic requirements of clause (5) of Article 22 ...
Periyar & Pareekanni Rubbers Ltd Vs. State Of Kerala
that certain income has been received during the relevant assessment year but it is not clear who has received that income and prima facie it appears that the income may have been received either by A or B or by both together, it would be open to the relevant income-tax authorities to determine the said question by tak...
0[ds]19. Management of business may be handed over by the owner to another but the department must be made known thereabout. A fresh registration certificate must be applied for and granted. The business by the Lessee continued under the old name. It was done at the behest of the appellant. It, therefore, cannot now tu...
0
4,427
960
### 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: that certain income has been received during the relevant assessment year but it is not clear who has receiv...
The Commissioner Of Income-Tax, Bombay City I Vs. M/S. Jagannath Kissonlal, Bombay
custom sought to be relied upon by the appellant so as to make the transaction of his having joined Mumraj Rambhagat as surety in the loan procured by Mumraj Rambhagat from Imperial Bank of India, a transaction in the course of carrying on his own timber business and to make the loss in the transaction a trading loss o...
0[ds]7. In the instant case it has been found that there was a well recognised commercial practice in Bombay of carrying on business by borrowing money from Banks on joint and several liability. It was also found that by so doing the borrower could borrow money at a lower rate of interest than he otherwise would have p...
0
2,512
248
### 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: custom sought to be relied upon by the appellant so as to make the transaction of his having joined Mumraj Rambhagat as su...
The Collector of Sabarkantha Vs. Shankarlal Kalidas Patel & Another
he could not have recourse to the provisions of S. 186 of the Act.13. Mr. Rane then points out that in his application to the Court the Liquidator has claimed interest at 9 per cent from the date of the resolution and, therefore, it must be inferred that the demand made by the Liquidator was based on the resolution. Th...
0[ds]Here we have the fact that the State of Idar had entered into possession of this property by virtue of the agreements of 1945 on the ground that it was a share-holder to the extent of two lakhs of rupees. After the merger the State of Bombay entered into possession of this property. It would therefore, follow that...
0
4,012
1,257
### 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: he could not have recourse to the provisions of S. 186 of the Act.13. Mr. Rane then points out that in his...
Padmavati R. Saraiya And Others Vs. Commissioner Of Income-Tax Bombay City-1
excess of the amount calculated according to the percentage specified, in columns 2 and 3 thereof, that Dominion shall allow an abatement equal to the lower amount of tax payable on such excess in either Dominion as provided for in Article VI.Article VI.-(a) For the purposes of the abatement to be allowed under Art. IV...
0[ds]11. It is not necessary to discuss the first question which raises the point of the validity of proceedings under S. 34 of the Act. because it is common ground that it has become academic. This common ground is based on the fact that the Commissioner of Income-tax has not appealed against the judgment of the High ...
0
2,954
590
### 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: excess of the amount calculated according to the percentage specified, in columns 2 and 3 thereof, that Dominion s...
Commissioner of Income Tax, West Bengal Vs. Wesman Engineering Company Private Limited
in the affirmative and in favour of the assessee by order dated February 10, 1976. The department filed an application for leave to appeal to the Supreme Court and the High Court by order dated September 8, 1977 citified it to be a fit case for appeal to the Supreme Court under Section 261 of the Income Tax Act, 1961 a...
0[ds]9. It was contended by Mr. Manchanda that the order passed by the Income Tax Officer under Section 195(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act) was not appealable to AAC under Section 248 of the Act. His further contention was that the order passed by AAC was totally without jurisdiction...
0
2,594
326
### 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: in the affirmative and in favour of the assessee by order dated February 10, 1976. The department filed an a...
Union of India Vs. Agya Ram
Settlement Officer was illegal and ineffective and that the respondent continued to hold the post of Settlement Officer. The Trial Court found that the respondent was a direct recruit to the post of Assistant Settlement Officer by selection, not a transferee from the Director of Land Records, Punjab, as contended on be...
1[ds]We do not think it necessary to consider the second question as to whether in the circumstance of the case reverting the respondent to the parent department amounted to termination of his services, because we have not been able to find any basis for the claim that prior notice of 15 days was required before the re...
1
1,637
313
### 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: Settlement Officer was illegal and ineffective and that the respondent continued to hold the post of Settlement Officer. The...
Md. Sharfuddin Vs. R. P. Singh And Others
him; after such vesting, the custodian manages the said property; if a Custodian wrongly or illegally declares a property to be evacuee property, the person aggrieved by his order can prefer an appeal to the appropriate authority prescribed under S. 24; the Custodian or the Custodian-General, as the case may be, in app...
1[ds]Though learned counsel for the appellant raised all the four contentions before us, he seriously pressed only the first twoour view this argument is not consistent with the scheme of the Act. Though for the purpose of convenience of management or judicial determination of disputes the Act provides different catego...
1
2,342
769
### 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: him; after such vesting, the custodian manages the said property; if a Custodian wrongly or illegally decl...
Electronics Corporation of India Ltd Vs. Union of India & Others
Company Operated Outlets. The assessee cleared the goods for sale at such outlets by determining the value of the goods cleared during the period February, 2000 to November, 2001 on the basis of the price at which such goods were sold from their warehouses to independent dealers, instead of determining it on the basis ...
0[ds]9. The idea behind setting up of this Committee, initially, called a "High-Powered Committee" (HPC), later on called as "Committee of Secretaries" (CoS) and finally termed as "Committee on Disputes" (CoD) was to ensure that resources of the State are not frittered away in inter se litigations between entities of t...
0
1,662
431
### 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: Company Operated Outlets. The assessee cleared the goods for sale at such outlets by determining the va...
ANIL KUMAR Vs. BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD.
Abhay Manohar Sapre, J. 1. This appeal is filed by the claimant against the final judgment and order dated 19.03.2015 passed by the High Court of Karnataka Bench at Dharwad in Misc. First Appeal No. 24385 of 2011(MV) whereby the High Court dismissed the appeal filed by the claimant (appellant herein) and affirmed the j...
1[ds]11. In our considered opinion, the High Court erred in dismissing the claimants appeal and thus committed an error in not further enhancing the compensation. In other words, the appellant was able to make out a case for further enhancement in the quantum of compensation awarded by the Tribunal and, therefore, he i...
1
1,022
647
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: Abhay Manohar Sapre, J. 1. This appeal is filed by the claimant against the final judgment and order dated 19.03.2015 pas...
Jagdish Chander Malik Vs. Manmohan Juneja
Kurian Joseph, J.1. Leave granted.2. The appellant approached this Court, aggrieved by the order dated 03.12.2014 passed by the High Court of Delhi in Cont. CAS (C) No. 574 of 2014. As per the said order, the High Court declined to grant any relief in the application for contempt filed by the appellant for the alleged ...
1[ds]4. Heard the learned counsel appearing for the appellant as well as the learned senior counsel appearing for the respondent. Having regard to the fact that the appellant only ultimately wants compliance of his application for which he had been granted date to approach the ROC, we are of the view that it is in the ...
1
604
76
### 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: Kurian Joseph, J.1. Leave granted.2. The appellant approached this Court, aggrieved by the order dated 03.12...
Mohta Alloys Steel Works Vs. Mohta Finance & Leasing Co. & Others
1. The appellant filed an application under S.33 of the Arbitration Act, 1940 challenging the existence and validity of the arbitration clause forming part of the lease agreement entered into between the first respondent and the appellant Company.2. The application was filed before the High Court of Delhi and the matte...
1[ds]5. The learned Single Judge, however, proceeded further to examine certain other contentions raised by the parties which was wholly unnecessary for the purpose of the case having held that the application is barred by time. Those questions could be thrashed out only upon adducing proper evidence in the matter and ...
1
520
120
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: 1. The appellant filed an application under S.33 of the Arbitration Act, 1940 challenging the existence and valid...
State Of Uttar Pradesh Vs. M/S. Kores (India) Ltd
are macrated into a pulp, dried and pressed; it is used for writing. printing, or drawing on, for w rapping things in, for covering the interior of wails, etc."In Encyclopaedia Britannica, (Volume 13), (15th Edition), paper has been defined as the basic material used for written communication and t he dissemination of ...
0[ds]From the above definitions, it is clear that in popular parlance, the word paper is understood as meaning a substance which is used for bearing, writing, or printing, or for packing, or for drawing on, or for decorating, or covering the walls. Now carbon paper which is manufactured by coating the tissue paper with...
0
2,118
356
### 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: are macrated into a pulp, dried and pressed; it is used for writing. printing, or drawing on, for w rapping things in, for c...
Commissioner Of Income-Tax, West Bengal,Calcutta Vs. Shri Prem Bhai Parekh And Ors
Hegde, J.1. This is an appeal by certificate, granted by the High Court of Calcutta under S. 66A (2) of the Indian Income-tax Act, 1922 (to be hereinafter referred to as the Act) against the decision of that Court in a reference under S. 66(1) of that Act.2. The two questions of law referred to the High Court by the tr...
0[ds]8. Before any income of a minor child can be brought within the scope of S. 16(3)(a)(iv), it must be established that the said income arose directly or indirectly from assets transferred directly or indirectly by its father. There is no dispute that the assessee had transferred to each of his minor sons, a sum of ...
0
1,110
363
### 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: Hegde, J.1. This is an appeal by certificate, granted by the High Court of Calcutta under S. 66A (2) of the...
Tilak Chand Kureel Vs. Bhim Raj
Ramaswami, J.1. This appeal is brought by special leave from the judgment of the Allahabad High Court, dated February 3, 1965 in First Appeal No. 216 of 1954.2. The respondent along with three others filed suit No. 4 of 1950 in the Court of District Judge, Kanpur, alleging that the property in dispute belonged to the K...
0[ds]In our opinion this argument is well-founded. In Basant v. Brijraj(62 IA 180) it was held by the Privy Council that the presumption enacted in Section 90 of the Evidence Act can be applied only with regard to original documents and not copies thereof. The same view was taken by this Court in Harihar Prasad Singh v...
0
816
399
### 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: Ramaswami, J.1. This appeal is brought by special leave from the judgment of the Allahabad High Court, dated Febru...
State of Uttar Pradesh Vs. Ram Swarup and Others
to a willing seller. So far as the sale deeds Exts. 1 and 2 are concerned, it is clear from the evidence that the purchaser could not have taken into account the benefit of the constructions when they offered to purchase at the prices agreed upon and incorporated in the sale-deeds. It seems that Dr. Nigam was keen to s...
0[ds]5. So far as the first point is concerned, it appears from the evidence that the constructions that were made by Dr. Nigam could not be of much use to the purchasers. On the other hand, as the evidence of Nand Kishore Avasthi, one of the purchasers, shows, he had actually to demolish part of the constructions and ...
0
2,656
1,091
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to a willing seller. So far as the sale deeds Exts. 1 and 2 are concerned, it is clear from the evidence th...
Indore Malwa United Mills Vs. Commissioner Of Income-Tax, (Central) Bombay
assessee by cheques, and this Court held that there was by necessary implication a request by the assessee to the debtor to send the cheques by post from Delhi, thus constituting the post office its agent for the purpose of receiving the payments. In the instant case, Cl. 9 of the terms and conditions of the contract r...
0[ds]Mr. Pathak contended that the assessee and the Government of India had agreed that the sale proceeds would be paid to the assessee in Indore outside British India, and, therefore, the rule in M/s. Ogale Glass Works case, (1955) 1 SCR 185 : (AIR 1954 SC 429 ), did not apply, having regard to the decision in Commr...
0
3,335
592
### 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: assessee by cheques, and this Court held that there was by necessary implication a request by the asses...
Sri Venkataramana Devaruand Others Vs. The State Of Mysore And Others(With Connected Petition)
to enter into a temple for purposes of worship, and that further it should be construed liberally in favour of the public. But it does not follow from this that that right is absolute and unlimited in character. No member of the Hindu public could, for example, claim as part of the rights protected by Art. 25 (2) (b) t...
0[ds]We are unable to agree with this submission. The object of requiring a party to put forward his pleas in the pleadings is to enable the opposite party to controvert them and to adduce evidence in support of his case. And it would be neither legal nor just to refer to evidence adduced with reference to a matter whi...
0
10,684
5,161
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to enter into a temple for purposes of worship, and that further it should be construed liberally...
State Of Karnataka Vs. Azad Coach Builders Pvt. Ltd.
was no direct linkage or causal connection between the export by foreign exporter and the receipt of the imported goods in India by the local users and hence the integrity of the entire transaction got disrupted and substituted by two independent transactions, one between the canalizing agency and the foreign exporter ...
0[ds]In this connection, it is useful to refer to the judgment of this Court in Deputy Commissioner of Agricultural Income Tax and Sales Tax, Ernakulam v. Indian Explosives Ltd. (1985) 4 SCC 119 , wherein this Court was dealing with the question whether the respondent-assessee was concerned with sale transactions in th...
0
5,067
1,135
### 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: was no direct linkage or causal connection between the export by foreign exporter and the receipt of th...
Royal Orchid Hotels Ltd Vs. Kamat Hotels (India) Ltd. & Others
consideration the Deputy Registrar concluded that the petitioner was not the first user of the logo/mark Royal Orchid as claimed and, in fact, the mark/logo Orchid was being used by the respondent No.1 from an anterior date.6. The similarity of the two logos/marks was also taken into account by the Deputy Registrar in ...
0[ds]After hearing the matter elaborately we arrive at the conclusion that the Special Leave Petition ought not to be entertained. However, in view of the extensive arguments at the Bar we deem it appropriate to support our aforesaid conclusion with the reasons therefor.The order of this Court dated 01.09.2014 in Speci...
0
1,468
478
### 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: consideration the Deputy Registrar concluded that the petitioner was not the first user of the logo/mark Royal Orc...
I T C Ltd Vs. Person Incharge, Agrl Mkt.Commtt.
notification could be issued by the State Government under Section 3 of the Act. 6. To test the argument it will be convenient to reproduce the meaning of the word animal, prawn and fish given in some standard dictionaries which is as under: Animal: An organised being having life, sensation and voluntary motion; typica...
0[ds]Therefore, the authority cited by the learned counsel does not support his contention in any manner.In our opinion, the principle laid down in the aforesaid decisions has no application here. Firstly, in Sri Lashmi Dry Fish Traders (supra), the challenge was to the notification by which dry fish was included in th...
0
2,556
178
### 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: notification could be issued by the State Government under Section 3 of the Act. 6. To test the argument it ...
Standard Chartard Bank Vs. Andhra Bank Financial Services Ltd. & Others
including the purchase of the suit bonds on 27.2.1992. 68. Although, SCB raised this point in the arguments and pointed out that this letter belies the stand of CMF, the Special Court brushed it aside by saying that it did not find any merit in the argument and observing: "merely because letter is dated 26.2.1992 one c...
1[ds]26. Thus, it is clear that the appeal has been brought on the footing that SCB had fully proved its title to the suit bonds and that the Special Court had erroneously held against SCB. Looked at from any point of view, we are not satisfied that the Suit was a mere declaratory suit, it must be regarded as a title s...
1
21,616
6,157
### 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: including the purchase of the suit bonds on 27.2.1992. 68. Although, SCB raised this point in the arguments...
Dewan Singh Vs. Champat Singh & Ors
the arbitration agreement did not specifically empower the arbitrators to decide the disputes referred to them on the basis of their personal knowledge; they having utilized their personal knowledge in deciding the disputes, they were guilty of legal misconduct and consequently the award made by them is vitiated. It al...
0[ds]7. Now coming to the question of misconduct on the part of the arbitrators, that allegation is founded on the fact that the arbitrators decided the disputes referred to them on the basis of their personal knowledge. That allegation has been accepted as true both by the Trial Court as well as the Appellate Court. I...
0
1,621
580
### 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 arbitration agreement did not specifically empower the arbitrators to decide the disputes referred to th...
State Of U.P Vs. Raj Kumar Rukmani Raman Brahma
family property the members of the family can claim four rights (1) the right of partition; (2) the right to restrain alienations by the head of the family except for necessity (3) the right of maintenance; and (4) the right of survivorship. It is obvious from the very nature of the property which is impartible that th...
0[ds]In our opinion there is no warrant for this argument.Since the decision of the Privy Council in Shiba Prasad Singh v. Rani Prayag Kumari Debi, 59 Ind App 331 = (AIR 1932 PC 216 ) it must be taken to be well settled that an estate which is impartible by custom cannot be said to be the separate or exclusive propert...
0
2,620
1,105
### 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: family property the members of the family can claim four rights (1) the right of partition; (2) the right to restr...
THE STATE OF BIHAR Vs. KIRTI NARAYAN PRASAD
employee approaching it is found entitled to relief, it may be possible for it to mould the relief in such a manner that ultimately no prejudice will be caused to him, whereas an interim direction to continue his employment would hold up the regular procedure for selection or impose on the State the burden of paying an...
0[ds]13. In Umadevi (supra) the Constitution Bench has held that unless appointment is made in terms of the relevant rules and after a proper competition among qualified persons, the same would not confer any right on the appointee. If it is a contractual appointment, the appointment comes to an end at the end of the c...
0
3,711
367
### 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: employee approaching it is found entitled to relief, it may be possible for it to mould the relief in such a manner that ult...
Electrosteel Castings Limited Vs. UV Asset Reconstruction Company Limited & Ors
that except the words used fraud/fraudulent there are no specific particulars pleaded with respect to the fraud. It appears that by a clever drafting and using the words fraud/fraudulent without any specific particulars with respect to the fraud, the plaintiff – appellant herein intends to get out of the bar under Sect...
0[ds]In case of Bishundeo Narain and Anr. (Supra) in para 28, it is observed and held as under:-.... Now if there is one rule which is better established than any other, it is that in cases of fraud, undue influence and coercion, the parties pleading it must set forth full particulars and the case can only be decided o...
0
4,214
754
### 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: that except the words used fraud/fraudulent there are no specific particulars pleaded with respect to the fraud. I...
Prabhudas Damodar Kotecha & Others Vs. Manhabala Jeram Damodar & Another
the PSCC Act. The purpose is evidently to make it more wide so as to cover gratuitous licensee as well with an object to avoid multiplicity of proceedings in different courts causing unnecessary delay, waste of money and time etc. The object is to see that all suits and proceedings between a landlord and a tenant or a ...
0[ds]We find the expressionin Section 41 of the PSCC Act has been used to fully achieve the object and purpose especially of 1976 Amendment Act and legislature has used clear and plain language and the principle noscitur a sociis is inapplicable when intention is clear and unequivocal. It is only where the intention of...
0
9,772
702
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the PSCC Act. The purpose is evidently to make it more wide so as to cover gratuitous licensee as...
K.N. Farms Industries (Pvt.) Ltd Vs. State Of Bihar
second is the role of the object of the Act while interpreting its provisions. It is true that one of the objects of the Act is to take over surplus land from large land-holders, and distribute such excess land among landless. But it does not follow therefrom that only land that could be distributed among landless for ...
0[ds]6. At the outset, we should notice that we are not concerned with the validity of the Act or the validity of the definition of land in the Act. We are concerned only with the true meaning of the word land as defined in the Act. When a particular word is defined in an Act with reference to its ordinary and normal m...
0
3,602
1,418
### 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: second is the role of the object of the Act while interpreting its provisions. It is true that on...
A. S. Krishnappa Chettiar & Ors Vs. Nachiappa Chettiar & Ors
therefor within one week after the receipt of this notice. Further you have till now collected Rs. 17,500 as per the scheme of arrangement and though you have not paid to the creditors their dividend amounts, you are bound by law and equity to pay interest to the aforesaid amounts. You are hereby informed that as you h...
0[ds]The Limitation Act is a consolidating and amending statute relating to the limitation of suits, appeals and certain types of applications to courts and must, therefore, be regarded as an exhaustive Code. It is a piece of adjective or procedural law and not of substantive law. Rules of procedure, whatever they may ...
0
5,247
532
### 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: therefor within one week after the receipt of this notice. Further you have till now collected Rs. 17,500 as per t...
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: 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: Abhay Manohar Sapre, J. - Leave granted. 2. These appeals are directed against the final judgment and order dated...
Ajay Hasia Etc Vs. Khalid Mujib Sehravardi & Ors. Etc
awarded at the interview are by and large in inverse proposition to the marks obtained by the candidates at the qualifying examination and are also, in a large number of cases, not commensurate with the marks obtained in the written test. The chart does create a strong suspicion in our mind that the marks awarded at th...
0[ds]Not it is obvious that the only ground on which the validity of the admissions to the College can be assailed is that the Society adopted an arbitrary procedure for selecting candidates for admission to the College and this resulted in denial of equality to the petitioners in the matter of admission violative of A...
0
12,787
6,899
### 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: awarded at the interview are by and large in inverse proposition to the marks obtained by the candidates at...
M/S BHARAT COKING COAL LIMITED Vs. SHYAM KISHORE SINGH
the procedure prescribed or as per the consistent procedure adopted by the department concerned, as the case may be, and a real injustice has been caused to the person concerned, the court or the tribunal should be loath to issue a direction for correction of the service book. Time and again this Court has expressed th...
1[ds]6. The fact that the respondent had joined the services of the appellants on 01.03.1982 is the accepted position. Though the respondent relies on the matriculation certificate to indicate that the date of birth stated therein is 20.01.1955, there is no material on record to indicate that the said document had been...
1
3,414
794
### 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 procedure prescribed or as per the consistent procedure adopted by the department concerned, as t...
K. AMARNATH REDDY Vs. CHAIRMAN & M.D. A.P.S.P.D.C.L.LTD.&ORS.E
of the government vide letter No.565/Ser/2011 dated 15.6.2011 is illegal and the same are set aside. c). The respondents are directed to review the entire selection process strictly in terms of this judgment and the afore said declarations and pass appropriate orders in accordance with law within a period of eight week...
1[ds]8. We have heard the learned counsel for the parties. The selection and appointment to 7114 posts of Junior Linemen were approved by a judgment dated 10.11.2009 of the Division Bench in Writ Appeal 1434 of 2008 and Batch. Their services have also been regularized. The directions issued by the High Court in the imp...
1
3,274
481
### 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 the government vide letter No.565/Ser/2011 dated 15.6.2011 is illegal and the same are set aside. c)...
Textile Labour Association, Bhadra Ahmedabad Vs. Ahmedabad Mill Owners Association, Ahmedabad
Hidayatullah, C.J.1. On September 19, 1969 the Textile Labour Association, Ahmedabad and the Ahmedabad Mill-owners Association, Ahmedabad entered into a compromise in Civil Appeal No. 1605 of 1966. This compromise was recorded by us, but we left it over for consideration as Civil Appeal No. 1606 of 1966 was to be heard...
0[ds]On an examination of the provisions of the Bombay Industrial Relations Act, 1946, we are of opinion that the compromise is binding upon all the employees who are holding out and who are parties to Civil Appeal No. 1606 of 1966. Under Sectionof the Bombay Industrial Relations Act, it is provided that except as prov...
0
537
391
### 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: Hidayatullah, C.J.1. On September 19, 1969 the Textile Labour Association, Ahmedabad and the Ahmedaba...
State Of Mysore Vs. S. R. Jayaram
candidate should be appointed. But the more fundamental question is whether that portion of Rule 9 (2) which vests in the Government this power of selection is valid. The contention of the respondent is that this portion of the Rule is violative of Articles 14 and 16 of the Constitution. 4. The Rules make provisions fo...
0[ds].Take the present case. An open competitive examination was held for recruitment to the posts of Assistant Commissioners in the Mysore Administrative Service and Assistant Controllers in the Mysore State Accounts Service. Though both are Class I posts the post of Assistant Commissioner has better prospects. But fo...
0
2,167
506
### 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: candidate should be appointed. But the more fundamental question is whether that portion of Rule 9 (2) which vest...
Deputy Commissioner Of Income Tax Vs. M/S. Core Health Care Ltd
computation of income under the head "Profits and Gains of Business". Section 43(1) defines "actual cost". The definition of "actual cost" has been amplified by excluding such portion of the cost as is met directly or indirectly by any other person or authority. Explanation 8 has been inserted in Section 43(1) by Finan...
1[ds]11. Before concluding on this point we may state that in this batch of civil appeals we are concerned with the assessment years 1992-93, 1993-94, 1995-96 and 1997-98. A proviso has since been inserted in Section 36(1)(iii) of the 1961 Act. That proviso has been inserted by Finance Act, 2003 w.e.f. 1.4.2004. Hence,...
1
3,031
963
### 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: computation of income under the head "Profits and Gains of Business". Section 43(1) defines "actual cost". Th...
M/S. Duncans Industries Ltd., Calcutta Vs. Commissioner Of Central Excise,New Delhi
issue before the Commissioner of Central Excise, Delhi was also for determination of the assessable value of the goods for the period September, 1981 to February, 1983, the period covered by show cause notice dated 1.10.1986. The show cause notice dated 1.10.1986 was issued against 20 persons including the assessee com...
1[ds]22. The issue before the Assistant Collector Central Excise, Kharda Division, Calcutta was for the determination of the assessable value of the goods for the period July, 1973 to February, 1983 i.e. the period covered by the show cause notice dated 8.5.84. The issue before the Commissioner of Central Excise, Delhi...
1
3,739
701
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: issue before the Commissioner of Central Excise, Delhi was also for determination of the assessable v...
Navinchandra N. Majithia Vs. State Of Maharashtra
amendment is thus aimed at widening the width of the area for reaching the writs issued by different High Courts"Cause of action" is a phenomenon well understood in legal parlance. Mohapatra, J. has well delineated the import of the said expression by referring to the celebrated lexicographies. The collocation of the w...
1[ds]Considering the peculiar fact-situation of the case we are of the view that setting aside the impugned judgment and remitting the case to the High Court for fresh disposal will cause further delay in investigation of the matter and may create other complications. Instead, it will be apt and proper to direct that f...
1
6,592
163
### 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: amendment is thus aimed at widening the width of the area for reaching the writs issued by different High Courts"Cause of ...
RAMESH NIVRUTTI BHAGWAT Vs. SURENDRA MANOHAR PARAKHE
applications, as in the Limitation Act, 1963. The court held in Kerala State Electricity Board (supra) that: The words any other application under Article 137 cannot be said on the principle of ejusdem generis to be applications under the Civil Procedure Code other than those mentioned in Part I of the third division. ...
0[ds]17. In the present case, the letters of administration were granted in ancillary proceedings on 25.11.1994. The High Court took note of the fact that the notice of motion (in the disposed of proceeding) was filed on 29.03.1997; it was withdrawn on 01.04.1998. The petition for revocation of the letters of administr...
0
3,773
866
### 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: applications, as in the Limitation Act, 1963. The court held in Kerala State Electricity Board (supra) that: The words any o...
LALITHA R NATH AND OTHERS Vs. KANNUR MEDICAL COLLEGE AND OTHERS
Middle class parents do not have the luxury of resources. We must form a robust understanding of the circumstances in which the father of the petitioner withdrew his complaint. The Committee has in fact recorded a finding of fact that the withdrawal was not voluntary and was occasioned by the serious impediment in rece...
1[ds]21. The impugned order dated 22nd November, 2019 quashing the re- opening notices issued by the ASC in the case of 92 students for several reasons is liable to be set aside. The said 92 students were not made parties to the writ petition preferred by KMC before the High Court and were not heard on the stand and st...
1
6,468
1,684
### 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: Middle class parents do not have the luxury of resources. We must form a robust understanding of the circumstances in which...
Corn Products Refining Company Vs. Shangrila Food Products Limited
question whether the two marks are likely to give rise to confusion or not is a question of first impression. It is for the court to decide that question. English cases proceeding on the English way of pronouncing an English word by Englishmen, which it may be stated is not always the same, may not be of much assistanc...
1[ds]9. In our judgment the view of the appellate Judges of the High Court that there was no evidence that the appellants trade mark had acquired a reputation among the public cannot be sustained.In coming to this view, they relied on the affidavits filed by the appellant wherein it was stated that "Glucovita is amark ...
1
4,648
1,445
### 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: question whether the two marks are likely to give rise to confusion or not is a question of first impression. It is for th...
Union of India & Others Vs. Maj. Gen. Manomoy Ganguly, VSM
supposed to restrict it to the ACR alone. It also needs no elaboration that Board Members are the three Chiefs of Services and it can very well be presumed that they would assess an officer in an objective manner. Indubitably, higher degree of trust can be reposed in them and their assessment is not to be interdicted u...
0[ds]9. From the aforesaid facts, it is clear that insofar as award of 93 marks, out of 95 marks, is concerned that can be calculated arithmetically on the basis of ACR, academic qualifications as well as military awards and decorations. Discretion is given to the Board to give weightage out of 2 marks and while exerci...
0
3,539
1,269
### 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: supposed to restrict it to the ACR alone. It also needs no elaboration that Board Members are the three Chief...
Bihar State Electricity Board, Patna Vs. Their Workmen
met without undue strain on the financial position of the employer, that bur den must be borne by the employer. It will certainly result in some reduction in profits; but if the industry is in a stable condition and the burden of provident fund and gratuity does not result in loss to the employer that burden will have ...
1[ds]5. The facile assumption by the Tribunal that the interest should no. be taken into account in working out the profits is no t borne out by the provisions of the statute. Indeed the Tribunal did not look into the Act at all. Whether in view of the statutory obligations laid on ii under the various sections just no...
1
2,289
327
### 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: met without undue strain on the financial position of the employer, that bur den must be borne by the e...
Satya Deo Prasad Gupta Vs. State of Bihar & Others
from the Court. This only shows how cavalierly and irresponsibly the executive authorities in the present case seem inclined to view questions concerning personal liberty and betrays complete lack of candour and frankness with the Court. No words can be too strong to condemn such irresponsible attitude.7. We have alrea...
1[ds]7. We have already referred to the original record of the case and that clearly shows that though the representation of the petitioner was received by the State Government on 16th August, 1974 and the Advisory Board, after considering the case of the petitioner and taking into account his representation, give its ...
1
3,040
806
### 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: from the Court. This only shows how cavalierly and irresponsibly the executive authorities in the prese...
Bharat Coking Coal Ltd. Vs. Madanlal Agrawal
between the owner of the coal mine and such managing contractor, in such proportions as may be agreed upon by or between the owner and such managing contractor, and in the event of there being no such agreement, in such proportions as may be determined by the Court on a reference made to it by the Commissioner. (5) Whe...
1[ds]In the Schedule annexed to the Act, names and addresses of the mines, management of which was taken over as well as the names of the owners of the mines were given. Victory P.O. Dhansar was mentioned at Serial No. 68 and United Mining Company Limited has been shown as the owner of the mine. By virtue of Section 3 ...
1
8,569
2,906
### 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: between the owner of the coal mine and such managing contractor, in such proportions as may be agreed upon by or between the...
M/s. Grid Corporation of Orissa Ltd Vs. M/s AES Corporation & Others
third arbitrator cannot be said to be a judicial act. In the Constitution Bench decision of this Court in Konkan Railway (supra) the principles laid down in Jaswant Sugar Mills Ltd. (supra) have been reiterated and it has been held that the appointment of an arbitrator by the Chief Justice under Section 11(6) of the Ac...
0[ds]Primarily it is for the parties to agree upon a procedure for appointing the arbitrator or arbitrators. Failing such agreement,(3) of the Section 11 of the Act provides that in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two appointed arbitrators shall appoint the third ...
0
4,610
990
### 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: third arbitrator cannot be said to be a judicial act. In the Constitution Bench decision of this Court in Konkan Railway (su...
M/S. Sitalpur Sugar Works Ltd Vs. Commissioner Of Income-Tax, Bihar And Orissa
old to the new yard and for re-erecting the cranes in the latter yard. It was held that the Company was not entitled to a deduction for these expenses. It was said that the expenses were of the same kind as those which might have been incurred in the buying of new cranes. Lord MacLaren said (p. 17IL "I think that the c...
0[ds]We think, for the reasons earlier mentioned, that the present is a plain ease and we feel no doubt that the expenses for shifting and re-erection were incurred on capital account. The first question referred was clearly correctly answered by the Highappellants ease is even weaker with regard to the other question ...
0
2,112
429
### 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: old to the new yard and for re-erecting the cranes in the latter yard. It was held that the Compa...
V. KALYANASWAMY (D) BY LRS. Vs. L. BAKTHAVATSALAM (D) THR. LRS.
facts of this case in view of the finding that the properties bequeathed under the Will and which are the plaint scheduled properties are not the separate properties of Rangaswamy Naidu, She would have the right to the properties under Section 3(2) of the 1937 Act. This we observe for the reason that when the Hindu Suc...
0[ds]44. The property in dispute, in both the Suits, is the same. In the Will dated 10.05.1955, there were sixteen items. In O.S. No. 71 of 1958, R. Krishnammal was conferred with absolute rights in respect of seven items. The property involved in O.S. No. 36 of 1963 also related to the seven items, which figured in co...
0
60,332
17,320
### 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: facts of this case in view of the finding that the properties bequeathed under the Will and which are the ...
Rm. Ar., Ar. Rm. Ar. Ramanathan Chettiar Vs. Commissioner Of Income-Tax, Madras
of land compulsorily acquired is interest paid for the delayed payment of the compensation and is therefore a revenue receipt liable to tax under the Act. It was held that the amount was not compensation for land acquired or for depriving the claimant of his right to possession but was paid to the claimant for the use ...
0[ds]Under the provisions of the Estate Duty Act of Ceylon, as it stood at the material time any person aggrieved by the assessment of estate duty could appeal to the appropriate District Court naming the Attorney-General as the respondent. After the Attorney-General is served in the matter the appeal is proceeded with...
0
3,554
1,569
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: of land compulsorily acquired is interest paid for the delayed payment of the compensation and is there...
Municipal Board, Saharanpur Vs. Imperial Tabacco of India Ltd
the following restrictions namely, -(a) that the tax shall not be imposed on land exclusively used for agricultural purposes, or, where the unit of assessment is a plot of land or a building as hereinafter defined on any such plot or building of which no part is within a radius, to be fixed by rule in this behalf for e...
1[ds]The learned senior counsel for the respondent company, Shri Nariman rightly invited our attention to the various decisions taking the view that for taxing purpose, if two views are possible on the construction of the provisions, the view which supports the case of the tax-payer should be preferred as compared to t...
1
9,506
1,406
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the following restrictions namely, -(a) that the tax shall not be imposed on land exclusively used for ...
Mumbai Mazdoor Sangh Vs. Regional Provident Fund Commissioner Maharashtra & Goa & Others
observations made by the Apex Court in the case of Dharamsi Morarji Chemical Co. Ltd. (Supra):It is true that if an establishment is found, as a fact, to consist of different departments or branches and if the departments and branches are located at different places, the establishment would still be covered by the net ...
0[ds]11. In the instant case, as noted earlier, there was no inter transfer of the staff between two units and in addition there was no evidence to point out that the supervision and control was done by a common management team or by a common manager of both the units. The employees of respondent no.3 were appointed by...
0
3,877
381
### 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: observations made by the Apex Court in the case of Dharamsi Morarji Chemical Co. Ltd. (Supra):It is tru...
Agarwal Tracom Pvt. Ltd Vs. Punjab National Bank & Others
We also notice that Rule 9(5) confers express power on the secured creditor to forfeit the deposit made by the auction purchaser in case the auction purchaser commits any default in paying installment of sale money to the secured creditor. Such action taken by the secured creditor is, in our opinion, a part of the meas...
1[ds]17. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal. In other words, the view taken by the High Court appears to be just and reasonable and hence does not call for any interference.So far as this case is concerned,(5) of Rule 9 is relevant. ...
1
4,660
869
### 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: We also notice that Rule 9(5) confers express power on the secured creditor to forfeit the deposit made by ...
U.P. AVAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER & ANR Vs. NOOR MOHAMMAD & ORS
a quasi judicial order. In paragraphs 19 and 20 of the said decision, this Court pointed out that the functions exercisable by CIT under section 12-A are neither legislative nor executive but essentially quasi-judicial in nature and that an order under section 12-A of the Income Tax Act does not fall in the category of...
0[ds]10. But insofar as the first contention is concerned, Section 21 of the General Clauses Act, 1897 is a complete answer. It reads as follows:-21. Power to issue, to include power to add to, amend, vary or rescind notifications, orders, rules or bye-laws.- Where, by any Central Act or Regulations a power to issue no...
0
4,076
1,150
### 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: a quasi judicial order. In paragraphs 19 and 20 of the said decision, this Court pointed out that the...
Jagannath Prasad Vs. Daulat Ram Manocha
SHAH, J.1. On August 30, 1948, the appellant executed a deed of mortgage with possession in respect of two houses in favour of the respondent to secure repayment of Rs. 15, 000/-. The property mortgaged remained in the possession of the appellant under a rent note for Rs. 150/- per month. It appears that sometimes ther...
0[ds]We are informed at the Bar that the decree in the mortgage suit has been satisfied. The question of the bar of Order 34, Rule 14 of the Code of Civil Procedure does not therefore survive. The mortgagee is now entitled to execute the decree for rent against the property of theor against him personally, and the mort...
0
578
390
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: SHAH, J.1. On August 30, 1948, the appellant executed a deed of mortgage with possession in respect of two houses in favou...
The Commissioner Of Income-Tax, Bombay V Vs. Ranchhoddas Karsondas, Bombay
filing of a voluntary return showing loss, at any time, before assessment. That section, they opined, contemplated the filing of a return of taxable income, and a return not showing such income was not a return at all in law. 15. The Calcutta view, is shown above, really proceeds upon the wording of section 22.(1). It ...
0[ds]7. We are not here concerned with the quantum but only with the legality of the assessmentThe side issue whether, in point of fact, the cash credits in the name of the wife represented the income of the husband does not survive for decisionIt is, therefore, quite clear that the extra period is available only if a ...
0
4,871
806
### 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: filing of a voluntary return showing loss, at any time, before assessment. That section, they opined, contemp...
Prakash Amichand Shah Vs. State of Gujarat
the Town Planning Officers decision in the appellants case was appealable either under clause (viii) or clause (xiii) of section 32 (1). The Town Planning Officer has a duty under clause (viii) to calculate the increment to accrue in respect of each plot included in the final scheme (which we will refer to hereinafter ...
1[ds]It seems obvious that the property or right which is injuriously affected by the making of a town planning scheme is a property or right other than that acquired fo r the purposes of the scheme. The property or right affected remains with the owner who is entitled to compensation for such injurious affection. When...
1
5,574
659
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the Town Planning Officers decision in the appellants case was appealable either under clause (viii) or clause (x...
Banarsi Das & Others Vs. The State Of Uttar Pradesh & Others
as 132 have been absorbed in the new cadre of Lekhpals and many more are likely to be absorbed in the service of Government . Thus it appears that Government have been giving a locus paenitentiae to those of the ex-patwaris who have realized their mistake in joining the agitation aforesaid and thus trying to force the ...
0[ds]But it is clear that the Government are within their rights to lay down certain qualifications for the new recruits. They are entitled to exclude those persons who have betrayed a lack of proper sense ofcannot, therefore, be said that the Government have denied an equal opportunity to those who are equal in all re...
0
1,624
491
### 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: as 132 have been absorbed in the new cadre of Lekhpals and many more are likely to be absorbed in the serv...
State Of Madhya Pradesh Vs. Mohan Singh
BHARUCHA S.P. & KIRPAL B.N. (J) 1. These appeals by special leave impugn the judgments and orders of Division Benches of the High Court of Madhya Pradesh. The High Court allowed several writ petitions and directed the respondent State to give to the writ petitioners the benefit of a special remission which the State ha...
1[ds]We are in agreement with the view of the High Court that there was no justification in law for giving special remission to prisoners belonging to the Scheduled Castes and Scheduled Tribes. In so far as these prisoners had broken the law and were being punished for doing so, they stood on the same footing as all ot...
1
865
291
### 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: BHARUCHA S.P. & KIRPAL B.N. (J) 1. These appeals by special leave impugn the judgments and orders of Division Benches of t...
Common Cause (A Registered Society) and Ors Vs. Union of India (UOI) and Ors
noted on documents were not genuine and have no evidentiary value and that details in these loose papers, computer print outs, hard disk and pen drive etc. do not comply with the requirement of the Indian Evidence Act and are not admissible evidence. It further observed that the department has no evidence to prove that...
0[ds]15. Before dilating upon the issue canvassed in the application we make it clear that we have not examined the main writ petitions vis-à-vis challenge to the appointments of Respondent Nos. 2 and 3.We are examining only the merit of the I.A. No. 3 supported by I.A. No. 4, as to whether a case is made out on the ba...
0
5,151
1,219
### 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: noted on documents were not genuine and have no evidentiary value and that details in these loose paper...
Bank of India Vs. Messrs Vijay Transport and Others
provisions of the Banking Companies Act with effect from July 19, 1969. The contention of the respondents that the Bank has been nationalised or formed under the Ordinance 8 of 1969 is without any substance whatsoever and is rejected. 14. We may refer to a decision of this Court in L. I. C. v. Kota Ramabrahmam (AIR 197...
1[ds]11. We are unable to accept the contention. It may be that in interpreting the words of the provision of a statute, the setting in which such words are placed may be taken into consideration, but that does not mean that even though the words which are to be interpreted convey a clear meaning, still a different int...
1
4,210
1,642
### 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: provisions of the Banking Companies Act with effect from July 19, 1969. The contention of the respondents that the Bank ha...
B.K.S. Marulasiddaiah & Company Vs. Madras Pakku Mandy
1. Leave granted. 2. This civil appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in RFA No. 97 of 2003, dated 16.08.2012, whereby the High Court has remanded the matter back to the learned Trial Court for its reconsideration in accordance with law.3. Briefly stated, t...
1[ds]10. In the instant case, we have already noticed the admitted fact that, at the time of filing the suit for recovery, the plaintiff/respondent herein did not have the mandatory sanction as required under Section 84(4) of the APMC Act11. This Court, on a perusal of the record, would notice that it has been stated i...
1
1,060
353
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: 1. Leave granted. 2. This civil appeal is directed against the judgment and order passed by the High ...
Pasupuleti Venkateswarlu Vs. The Motor & General Traders
to the commencement of the proceedings. It is basic to our processual jurisprudence that the right to relief must be judged to exist as on the date a suitor institutes the legal proceeding. Equally clear is the principle that procedure is the handmaid and not the mistress of the judicial process. If a fact, arising aft...
1[ds]e feel the submissions devoid of substance. First about the jurisdiction and propriety vis-a-vis circumstances which come into being subsequent to the commencement of the proceedings. It is basic to our processual jurisprudence that the right to relief must be judged to exist as on the date a suitor institutes the...
1
1,759
763
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to the commencement of the proceedings. It is basic to our processual jurisprudence that the right to r...
Strawboard Manufacturing Co., Ltd Vs. Gutta Mill Workers' Union.The State Of U. P: Intervener
time as may be specified" and not "within such time as may from time to time be specified." It is significant that the only occasion when the State Government can, under the U.P. Act, specify a fresh period of time is when it remits the award for reconsideration under sub-section (2) of S.6. for under sub-section (3) t...
1[ds]Sections 3 and 4 of the U. P. Industrial Disputes Act, 1947 certainly confer power on the State Government to refer disputes to an adjudicator for decision and S. 6 (1) may be read as empowering the State Government to specify the time within which the adjudicator to whom an industrial dispute is referred for adju...
1
3,211
597
### 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: time as may be specified" and not "within such time as may from time to time be specified." It is significant that the onl...
GRIDCO Limited and Anr Vs. Sri Sadananda Doloi and Ors
: 10. There was no compulsion on the Petitioner to enter into the contract he did. He was as free under the law as any other person to accept or reject the offer which was made to him. Having accepted, he still had open to him all the rights and remedies available to other persons similarly situated to enforce any righ...
1[ds]That is, in our opinion, no reason to hold that an appointment made on contractual basis would constitute a breach of the Rules or that such an appointment had to be necessarily treated as a regular appointment. Having said that, let us now see the background in which the appointment was made in the present case. ...
1
5,828
1,098
### 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: : 10. There was no compulsion on the Petitioner to enter into the contract he did. He was as free under the l...
UNION PUBLIC SERVICE COMMISSION Vs. SHRISTI SINGH
was not there. Thereafter, another notice was issued by the Appellant on 08.04.2016, calling 723 candidates for interview. The first Respondent was amongst those who were asked to attend the interview. She submitted the relevant documents regarding the requisite experience. By a communication dated 08.07.2016, the cand...
1[ds]8. The controversy in the present appeal is regarding the fulfillment of the condition of experience as required by the Advertisement. As stated earlier, the requisite experience for appointment as Drug Inspector is 18 months in the field of quality control and in testing of drugs prescribed in Schedule ‘C? and ‘C...
1
1,447
547
### 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 not there. Thereafter, another notice was issued by the Appellant on 08.04.2016, calling 723 candidates ...
New India Assurance Co. Ltd Vs. Shanti Bopanna & Others
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 held the post of Vice President and was due to be promoted as a Managing Dire...
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
1,229
392
### 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: consortium respectively. The High Court further upheld the award of interest @ 6% and dismissed the appeal....
Reserve Bank of India and Another Vs. Ramkrishna Govind Morey
GUPTA, J. 1. The respondent was employed as a clerk grade II in the Notes Cancellation Section at the Nagpur branch of the appellant Reserve Bank of India. On October 25, 1952 the Reserve Bank India terminated his service with effect from October 27, 1952 acting under Regulation 25(2)(b) of the Reserve Bank of India (S...
1[ds]The High Court however did not try to find out if the proposed amendments were really necessary for the plaintiffs case. If the applications for amendments made by the plaintiff contained allegations in line with what was stated in the original plaint, the amendment would be redundant; if they were different, no v...
1
857
251
### 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: GUPTA, J. 1. The respondent was employed as a clerk grade II in the Notes Cancellation Section at the N...
WIPRO FINANCE LTD Vs. COMMISSIONER OF INCOME TAX
….. the loan obtained is not an asset or advantage of an enduring nature….. the expenditure was made for securing the use of money for a certain period … and it is irrelevant to consider the object with which the loan was obtained. ….. 17. ….. the act of borrowing money ….. was not incidental to the carrying on of a bu...
1[ds]6. The broad undisputed relevant facts, as can be culled out from the record are that the appellant entered into a loan agreement with one Commonwealth Development Corporation having its registered office at England in the United Kingdom, for borrowing amount to carry on its project described in Schedule 1 to the ...
1
2,788
1,420
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: ….. the loan obtained is not an asset or advantage of an enduring nature….. the expenditure was made for securing...
Dempo Brothers Private Limited Vs. Assistant Commissioner of Income Tax Circle 1 (1) & Another
must speak for themselves. By merely stating that `there is failure on the part of assessee to disclose fully and truly all material facts in the order does not satisfy the requirement of this 5 Wp1060.17 dt 06-3-17 Section, as it would amount to merely reproducing the language of the section.7. Mr. Naniwadekar submitt...
0[ds]As rightly contended by Mr.Naniwadekar, the Section refers to production of the Form from an accountant along with the original assessment. This requirement, therefore, is at the time of original assessment. But the matter of the Petitioner had travelled much further than that stage. The Petitioners case was taken...
0
1,763
590
### 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: must speak for themselves. By merely stating that `there is failure on the part of assessee to disclose fully and...
Assistant Controller of Estate-Duty Vs. Nawab Sir Mir Osman Ali Khan
may proceed to assess or reassess such property as if the provisions of section 58 applied thereto. "It is argued for the department that the observations in the appellate order of the Central Board of Revenue constitute the information on which the Controller could proceed to reassess. We may appropriately refer to th...
0[ds]6. It is seen that under section 34 of theAct, before the amendment made by Act 48 of 1948, theOfficer, had power to issue a notice in respect of escaped orincome, but he could do so within a period of four years, whereas under the section as amended, he could issue a notice under certain conditions within a perio...
0
4,061
525
### 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: may proceed to assess or reassess such property as if the provisions of section 58 applied thereto. "It is...
B.S.E.S. Ltd Vs. Tata Power Co. Ltd.
it had appointed consultants. Two members of the Commission had several meetings with the consultants and thereafter the formula was worked out. But the Chairman of the Commission was not present in these meetings. In his dissenting order of Chairman has recorded as under: Para 60. I have had the opportunity to peruse ...
0[ds]is not possible to accept the contention of Shri Nariman that the State Government had the authority or jurisdiction on 22.3.2000 to determine or quantify the charges which BSES had to pay to TPC under the terms of the license granted to the former as this was subsequent to the formation of the Maharashtra Electri...
0
8,011
809
### 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: it had appointed consultants. Two members of the Commission had several meetings with the consultants and thereafter the for...
Dr. Astha Goel and Ors Vs. The Medical Counselling Committee & Ors
seats falling vacant will have to be undertaken. In that process, it will become endless until all the seats under the all-India quota are filled up. That is not the object of the Scheme formulated by this Court. The object was to achieve a broad-based equality as indicated by us at the outset and we do not think that ...
0[ds]10. At the outset, it is required to be noted that in the present case, the dispute is with respect to the NEET-PG-2021 and the time schedule for the approved counselling has been fixed pursuant to the direction issued by this Court and/or approved by this Court. Ordinarily, the first round of counselling in PG co...
0
4,135
1,800
### 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: seats falling vacant will have to be undertaken. In that process, it will become endless until all the ...
Sahara India Real Estate Corp.Ltd Vs. Securities & Exch.Board Of India
formal prospectus (or RHP). Thus viewed, according to learned counsel, the information memorandum would inevitably precede the issuance of a prospectus (or RHP). Herein, however, the information memorandum was circulated well after the issuance of the RHP, which clearly indicates that the information memorandum had bee...
1[ds]68. All sections falling within Sections 55 to 58 of the Companies Act will fall under those sections. So far as Section 55A is concerned, it is the very Section which deals with powers of SEBI, Central Government, Tribunal, Company Law Board, Registrar of Companies etc. Reference to Sections 59 to 81 indicated th...
1
79,852
5,534
### 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: formal prospectus (or RHP). Thus viewed, according to learned counsel, the information memorandum wou...
Commissioner of Income Tax, Bangalore Etc Vs. B.C. Srinivasa Setty, Etc
in each case bears a relationship to the nature of the charge. Thus the charging section and the computation provisions together constitute an integrated code. When there is a case to which the computation provisions cannot apply at all, it is evident that such a case was not intended to fall within the charging sectio...
0[ds]Section 45 charges the profits or gains arising from the transfer of a capital asset to income-tax. The asset must be one which falls within the contemplation of the section. It must bear that quality which brings s. 45 into play. To determine whether the goodwill of a new business is such an asset, it is permissi...
0
2,785
2,038
### 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: in each case bears a relationship to the nature of the charge. Thus the charging section and the computation provisions toge...
CEMENT WORKERS MANDAL Vs. GLOBAL CEMENTS LTD(HMP CEMENTS LTD.)
person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other ...
1[ds]21. In our considered opinion, the Division Bench erred in not noticing Article 226(2) of the Constitution of India while deciding the question arising in this case22. In other words, the question as to whether the Gujarat High Court has territorial jurisdiction to entertain the appellants petition(SCA) or not, sh...
1
2,791
607
### 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: person or authority, including in appropriate cases, any Government, within those territories direction...
Commissioner of Income Tax, Bombay North Vs. Lakhiram Ramdas
the assessee to make a return of his income under S. 22 or to disclose fully and truly all material facts necessary for his assessment for the year 1945-46. The present appellant then moved the Tribunal under S. 66 (1) of the Income-tax Act and asked the Tribunal to state a case to the High Court of Bombay on the follo...
0[ds]It is not necessary to deal with that preliminary objection, because learned Advocate for the appellant has conceded that the appeal direct from the order of the Tribunal must be dismissed in view of the decision of this Court in Chandi Prasad Chokhani v. State of Bihar,ITR 498: (AIR 1961 SC 1708 ),which laid down...
0
2,225
1,334
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the assessee to make a return of his income under S. 22 or to disclose fully and truly all material facts n...
J.K. Cotton Manufactures Ltd Vs. The Commissioner Of Income Tax, Lucknow
down particularly in cases where the managing agency is terminated would be to find out whether the termination of the agency is in terrorem or purely voluntary for obtaining substantial benefits. In other words, the decisive test to determine whether or not termination of the agency is in terrorem would be to find out...
0[ds]The Tribunal, on the basis of these facts, came to the conclusion that the compensation was paid due to extra-commercial reasons and could not be regarded as expenditure incurred wholly and exclusively for the purpose of the business. The High Court differed from the reasons given by the Tribunal but affirmed its ...
0
6,089
2,017
### 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: down particularly in cases where the managing agency is terminated would be to find out whether the ter...
Paul Brothers (Tailoring Division)And Ors. Etc Vs. Ashim Kumar Mandal And Ors. Etc
1987 and 44 with the affidavit of July 1988 - while with ine SLP only 17 rent receipts have been annexed. Some of the receipts date back earlier than 1974 though according to the partnership deeds, the business of the firms commenced only in April 1974. The rent receipts bear almost continuous serial numbers. there are...
1[ds]RI Kapur laid considerable stress on the aspect that, unless vacant possession can be had, no one will purchase any property at the auction sales conducted by thecommissioner as no one would like to face further litigation to secure possession of the property. He submitted that the object which the Court had in mi...
1
12,831
1,268
### 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: 1987 and 44 with the affidavit of July 1988 - while with ine SLP only 17 rent receipts have been annexed. So...
M/S. Holicow Pictures Pvt.Ltd Vs. Prem Chandra Mishra
information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. Court has to strike balance between two conflicting interests; (i) nobody should be allowed to indulge in wild and reckless allegations besmirching the character of others; and (ii...
1[ds]26. It is true that in certain cases even though the Court comes to the conclusion that the writ petition was not in a public interest, yet if it finds that there is scope for dealing with the matter further in greater public interest, it can be done. This can be done by keeping the writ petitioner out of picture ...
1
4,414
256
### 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: information given by him; (c) the information being not vague and indefinite. The information sho...
UNION OF INDIA Vs. NARESHKUMAR BADRIKUMAR JAGAD
decision will be of any avail to the respondents (Trust). As already noted, it is not a case of subletting by the statutory tenant (Podar Mills Ltd.) but instead a case of involuntary transfer and vesting of rights and interest of the statutory or protected tenant in respect of the suit property in the Central Governme...
1[ds]19. Reverting to the question of whether Union of India has locus to file the review petition, we must immediately advert to Section 114 of the Code of Civil Procedure ( CPC) which, inter alia, postulates that any person considering himself aggrieved would have locus to file a review petition. Order XLVII of CPC r...
1
19,123
3,844
### 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: decision will be of any avail to the respondents (Trust). As already noted, it is not a case of suble...
Fateh Singh and Another Etc Vs. Sewa Ram and Others Etc
the mortgagee when he submitted that the owners became Bhumidhars of the land under the provisions of s. 15 (2) of the Act. It is common ground that before the commencement of the Delhi Land Reforms Act, the mortgagee Ram Swarup had let the land in question to one Inder Singh and he in turn had sub-let the land to the ...
0[ds]The argument of Mr. Datta overlooks the important part of s. 15(2) of the Delhi Land Reforms Act which says that the mortgagor shall be declared as Bhumidhar only in respect of the mortgaged area which was in the personal cultivation of the mortgagee when he submitted that the owners became Bhumidhars of the land ...
0
3,545
1,144
### 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 mortgagee when he submitted that the owners became Bhumidhars of the land under the provisions of s. 15 (2) of...
Nayara Energy Limited Vs. The State of Gujarat and others
with the impugned order dated 18.08.2020 passed by the High Court of Gujarat in Civil Application (For Stay) No. 1 of 2020 in First Appeal No. 1543 of 2020 and the subsequent order dated 30.09.2020 passed in Misc. Civil Application (for modification of order) No. 2 of 2020 in First Appeal No. 1543 of 2020, permitting t...
1[ds]6. Having heard learned counsel for the respective parties at length and the fact that the lands of the original claimants have been acquired in the year 1996 and the learned Reference Court has enhanced the amount of compensation after a period of approximately 17 years (by now 20 years), and the original claiman...
1
1,122
254
### 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: with the impugned order dated 18.08.2020 passed by the High Court of Gujarat in Civil Application (For Stay...
M. Karunanidhi Vs. Dr. H. V. Hande & Others
allegations contained therein, depends on whether it is a part of the pleadings. Upon the view that the photograph was not merely a document accompanying the election petition but was a part and parcel of the pleading contained in paragraph 18 (b), it is unnecessary for us to deal with the submission based on Order 7, ...
0[ds]33. The High Court rests its conclusion on the decision of this Court in Sahodrabai case 1, but that decision, in our opinion, is inapplicable to the facts and circumstances of the present case. In Sahodrabai case 1, an election petition was filed together with a pamphlet as annexure thereto. A translation in Engl...
0
12,956
1,433
### 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: allegations contained therein, depends on whether it is a part of the pleadings. Upon the view that the photograph was not ...
M/S Polyflex (India) Pvt. Ltd Vs. Commissioner Of Income Tax, Karnataka
following analysis of the section occurring in the judgment "in short, what this provision means is that if an assessee has been allowed a deduction in the computation of its total income of any liability on account of loss or expenditure and if, subsequently, the liability of the assessee on account of such loss or ex...
0[ds](4) It is true that in Thirumalaiswamy Naidus case the question of interpretation or applicability of any particular limb of S. 41(1) of the Act did not specifically fall for consideration. However, this Court did make it clear that when the assessee actually made payment towards statutory levy (sales tax) and lat...
0
4,240
1,449
### 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: following analysis of the section occurring in the judgment "in short, what this provision means is that i...
Kail Ltd. Formerly Kitchen Appl.(I) Ld Vs. State Of Kerala Tr.Jt.Commr.(Law)
held company.5. I further say that Dhoot Brothers are also promoters of Videocon International Ltd. and based on the facts and the filings made by the company, from time to time, with the Stock Exchanges, the promoters together with various Videocon Group Companies were holding 35.11% of equity shares in Videocon Inter...
0[ds]9. As is clear from the language itself that in order to attract sub-Section (2) of Section 5, the following conditions are to beSale of manufactured goods other than tea;(ii) Sale of the said goods is under a trade mark or brand name; and(iii) The sale is by the brand name holder or the trade mark holder within t...
0
3,376
410
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: held company.5. I further say that Dhoot Brothers are also promoters of Videocon International Ltd. and ba...
ASHIM RANJAN DAS (D) BY LRS Vs. SHIBU BODHAK AND OTHERS
Reforms Officer forwarded the annulment proposal to the Sub-Divisional Officer (‘SDO’) for taking necessary action in terms of the order passed by the Tribunal. The SDO in turn issued notice to the patta holders for hearing.13. Shibu Bodhak and Tapan Malik respondents No.1 and 2 herein respectively, filed an applicatio...
0[ds]18. We believe the endeavour of the appellant through the presents has proved to be a fruitless exercise as by now the matter on being remanded would have been adjudicated, after giving opportunities to the first two respondents. The case has had a chequered factual history. No doubt the proceedings initiated unde...
0
3,574
312
### 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: Reforms Officer forwarded the annulment proposal to the Sub-Divisional Officer (‘SDO’) for taking necessary actio...
M/S. GHAI CONSTRUCTION ENGINEERS AND CONTRACTORS Vs. GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION
Rohinton Fali Nariman, J.—Leave granted. 2. In the present case, an award was passed on 14.02.2002 by which a sum Rs. 22.90 Lakhs for two contracts each was awarded to the claimant. 3. A Section 34 petition was rejected on 30.12.2003 stating that the office objections were not complied with. Nothing was done to pursue ...
1[ds]7. Taking this into account, and taking the fact that public monies are involved, according to Mr. Marlapalle, learned senior counsel, there is no reason to interfere under Article 136 of the Constitution of India.9. Having heard learned counsel for the parties, we are of the view that ordinarily in a writ petitio...
1
665
278
### 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: Rohinton Fali Nariman, J.—Leave granted. 2. In the present case, an award was passed on 14.02.200...
M/S. S.M.Dyechem Ltd., Mumbai Vs. M/S.Cadbury (India) Ltd., Mumbai
Bros. AIR 1948 Mad. 181, the passing off action failed. But thereafter James Chadwick Co. succeeded in an appeal arising out of the registration proceedings and the said judgment was confirmed by this Court in N.S. Thread & Co. v. James Chadwick & Bros., AIR 1953 SC 357 . It was held that the judgment in the passing of...
0[ds]The provisions of section 111 deal with `stay of proceedings where the validity of registration of the trade mark is questioned etc.. In the present case, while the plaintiff - appellant has filed the present suit on 18.2.99 for permanent injunction etc. against the defendant-respondent on the ground of `infringem...
0
10,730
485
### 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: Bros. AIR 1948 Mad. 181, the passing off action failed. But thereafter James Chadwick Co. succeeded in an appeal arising o...
United India Insurance Company Limited, Through It'S Divisional Manager, S.V. Devbhankar Vs. Shaikh Akbar Najir & Another
of the judicial records (in pre-litigation matter, the original award may be kept with the legal services authority or committee, concerned) and a copy of the award shall be given to each of the parties duly certifying them to be true by the officer designated by the Member Secretary or Secretary of the High Court Lega...
1[ds]11. In the instant case, even though statutory defence was available to the petitioner company, matter was referred toIn our opinion, greater responsibility is fixed upon the Courts to avoid mechanical reference of a case.In the instant case, the learned counsel had no express authority in writing to compromise or...
1
3,388
261
### 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: of the judicial records (in pre-litigation matter, the original award may be kept with the legal services authority or com...
John Mowlem and Company Limited Vs. Commissioner of Sales Tax, Orissa
after having them certified by the Director-General India Stores Department, London.The Chief Accounting Officer will pay the contractor on the pro forma invoices, and the contractor will open a separate bank account ............. to be called the Madras Account into which these sums will be paid. As soon as the money ...
1[ds]The first question referred to the High Court was answered in the affirmative and no serious argument has been raised by counsel for the appellants challenging the correctness of the answer.The third question is easy of solution. Under the terms of the contract, the appellants were not only to carry out the works ...
1
3,234
475
### 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: after having them certified by the Director-General India Stores Department, London.The Chief Accounting Off...
Ghanshiam Das Vs. Devi Prasad & Another
the meaning of S. 9 of the Act and the title to the two plots of land did not vest in the State and the respondents acquired the rights of statutory tenants under S. 9 of the Act and they had a right to demand rent from the appellant under the terms of the lease. The High Court accordingly allowed both the Second Appea...
0[ds]4. The word "building" has not been defined in the Act and must, therefore, be constructed in its ordinary grammatical sense unless there is something in the context or object of the statute to show that it is used in a special sense different from its ordinary grammaticalthis definition it does not appear that th...
0
1,711
347
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the meaning of S. 9 of the Act and the title to the two plots of land did not vest in the State and the re...
The Bihar State Co-Operativebank Ltd Vs. The Commissioner Of Income-Tax
the profits were within the exemption, but not if the business was of the nature not covered by the objects of the society. This line of reasoning has not formed part of the respondents argument in this Court and the case therefore has no application to the facts of the present case. The decision in 1956-30 ITR 356 (Tr...
1[ds]4. The ground of mutuality was not relied upon before us by the learned Solicitor-General who appeared for thecontention is not sustainable. It has not been treated as a finding of fact either by the Appellate Tribunal or by the High Court. They have both treated it as a question of law and it is on that basis tha...
1
3,713
585
### 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 profits were within the exemption, but not if the business was of the nature not covered by the o...
Hoshiarpur Central Co-Operative Bank Ltd Vs. Commissioner Of Income-Tax, Simla
"other sources" there has reference to the scheme of S. 6 of the Indian Income-tax Act, and profits from business of whatever kind, are dealt with under S. 10 of the Act. The short question thus is whether para. 2 is confined only to profits made by a Co-operative Society from transactions with its own members and does...
1[ds]3. It is admitted on all hands that the profits were made from trading in certain commodities with the approval of the Registrar of Co-operative Societies. The quantum and the manner in which those profits were made, are not in dispute. The short question in this appeal is whether the exemption granted by the noti...
1
1,943
621
### 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: "other sources" there has reference to the scheme of S. 6 of the Indian Income-tax Act, and profits from business of whate...
Municipal Committee, Amritsar & Ors Vs. State Of Punjab & Anr
wholly void and illegal.11. Under Section 6 of the Act it is only after the local authority has passed a resolution under Section 3 or the State Government has taken over management of the aided schools under Section 5 that Sections 52 and 59 of the Punjab Municipal Act would be deemed to have been amended in the manne...
1[ds]7. Under the above Article it is only the management of any property which can be taken over for a limited period either in the public interest or in order to secure its properall deference to the High Court we have not been able to properly appreciate the decision on this point given in the paragraph extracted ab...
1
6,039
1,441
### 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: wholly void and illegal.11. Under Section 6 of the Act it is only after the local authority has passe...
Southern Roadways Ltd., Madurai, Byits Secretary Vs. S.M. Krishnan
received after Ann Duncans death ? Not by the respondent for himself, or on his own behalf, any more than during her lifetime. " Emphasising the fiduciary character of the agent his possession was likened to that of trustee, a solicitor or an agent receiving the rent under a power of attorney. Another English case of W...
1[ds]17. We wish to add that it is not every agent who is in a fiduciary position vis-a-vis his principal. For example if A appoints B to be his agent merely to sign a memorandum and places no particular trust in B, the doctrine of fiduciary relations would not apply. Likewise, where the principal authorises an agent t...
1
3,455
805
### 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: received after Ann Duncans death ? Not by the respondent for himself, or on his own behalf, any more than d...
Burn & Company Limited & Another Vs. Their Employees
1. The principal point which this appeal by special leave raises for our decision is in regard to the distribution of the available surplus between the appellants, Burn & Co., Ltd., and another, and the respondents, their employees. The award under appeal was passed by the industrial tribunal in an industrial dispute w...
0[ds]It would be noticed that the judgment does not purport to lay down any rule and the working rule to which it refers is also intended to be confined to cases where the surplus is not considerable.In the present case the gross income derived from the profit and loss account by the appellants is Rs. 55.85 lakhs; and ...
0
759
440
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: 1. The principal point which this appeal by special leave raises for our decision is in regard to the distribution of the ...
HANUMAPPA (SINCE DECEASED) BY HIS LRS Vs. THE STATE OF KARNATAKA
whether the petitioner has made out a case for continuation of the order of status-quo during the pendency of the Special Leave Petition. As noticed, the claim of the petitioner is that he was a tenant in cultivation of the property as on 01.03.1974. Such claim is sought to be justified by contending that his name is i...
1[ds]Though the respondent No.4 purchased the property on 26.04.1978 i.e. subsequent to the appointed date, the interest in the property as claimed by the respondent No.4 has been accepted by the High Court in Writ Petition No.30301/1982 through the order dated 23.09.1997 and the matter had been remanded to the Land Tr...
1
1,615
736
### 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: whether the petitioner has made out a case for continuation of the order of status-quo during the pendency of the ...
Shri Digvijay Woollen Mills Ltd. Etc Vs. Mahendra Prataprai Buch Etc
Digvijay Woollen Mills Limited-appellant v. Shri Mahendra Prataprai Buch-respondent) the respondent ceased to be an employee on attaining the age of superannuation after completing 19 years of service. The appellant company calculated the amount of gratuity payable to him on the basis that fifteen days wages was half o...
0[ds]The view expressed in the extract quoted above appears to be legitimate and reasonable. Ordinarily of course a month is understood to mean 30 days, but the manner of calculating gratuity payable under the Act to the employees who work for 26 days a month followed by the Gujarat High Court cannot be called perverse...
0
1,401
301
### 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: Digvijay Woollen Mills Limited-appellant v. Shri Mahendra Prataprai Buch-respondent) the respondent cea...
UNIVERSITY OF DELHI Vs. DELHI UNIVERSITY CONTRACT EMPLOYEES UNION & ORS
follows: (SCC pp. 250-51, paras 9-11) 9. The term one-time measure has to be under- stood in its proper perspective. This would nor- mally mean that after the decision in Umadevi (2006) 4 SCC 1 , each department or each instrumentality should undertake a one-time exercise and prepare a list of all casual, daily-wage or...
1[ds]7. The decision of the Constitution Bench of this Court in Umadevi (2006) 4 SCC 1 was pronounced on 10.04.2006 by which time, the earliest contract employees had put in only 3-4 years of service and most of the contract employees were engaged after the decision in Umadevi (2006) 4 SCC 1. In paragraphs 47, 49 and ...
1
6,137
2,247
### 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: follows: (SCC pp. 250-51, paras 9-11) 9. The term one-time measure has to be under- stood in its proper persp...
Mahadeo Vs. Babu Udai Pratap Singh And Others
us by Mr. Bishan Singh for respondent No. 1 that evidence on the record shows that Udai Bhan Pratap Singh is, in fact, the name of the grandfather of respondent No.1, and he attempted to argue that the printing of Udai Bhan Pratap Singhs name on the ballot papers may have given a wrong impression to the voters that it ...
1[ds]13. Let us now examine the character of the infirmity on which the election of the appellant has been declared void by the High Court as well as the Election Tribunal. We have already noticed that the ballot papers show the name of respondent No. 1 as Udai Bhan Pratap Singh, whereas it should have been shown as Ud...
1
3,920
1,205
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: us by Mr. Bishan Singh for respondent No. 1 that evidence on the record shows that Udai Bhan Pratap Singh is,...