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Ziyauddin Burhanuddin Bukhari Vs. Brijmohan Ramdass Mehra & Ors
either religious or the occult.43. Primitive man does practically nothing without making it wear a religious garb because his understanding of the physical world, of human nature, and of social needs and realities, is limited. He surrounds customary modes of action with an aura of superstitious reverence. He is fearful...
0[ds]from the fact that the High Court dealing with this question had, in our opinion, rightly recorded the finding that the issue No. 2, framed on this objection, was specifically given up in its entirety by the learned Counsel for the appellant, so that he could not wriggle out of it by a vague reservation of some ri...
0
8,641
1,223
### 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: either religious or the occult.43. Primitive man does practically nothing without making it wear a religious...
M.M. Thomas and Ors Vs. Union of India (UOI) and Ors
the inclusion of their names in the rank list for promotion to the post of Enforcement Officer/Accounts Officer (for short, the EO/AO). The Tribunal further held that if the private party Respondents are otherwise eligible, the official Respondents are directed to take steps to consider their rank obtained in the exami...
1[ds]8. Having heard learned Counsel appearing for the parties and upon perusal of the record, we are of the view that the words of the aforesaid Rule require five years regular service "in the respective regions". Thus, these words must be understood to mean that the candidates should have served in the respective reg...
1
1,223
633
### 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 inclusion of their names in the rank list for promotion to the post of Enforcement Officer/Ac...
Ahmed Bin Salah & Another Vs. Mohd. Basha & Another
have that effect since the defendants father himself admitted in a subsequent document, Ex. A-1, that he had not paid any such amount, and further that he had executed the document Ex. A-1 at the instance of the to evidence the fact that the sale deed was fictitious as no sale had actually taken place. If Ex. A-1 were ...
0[ds]9. It is somewhat strange that though the defendants father had been careful enough to have made both the plaintiff and his mother execute the mortgage deeds, he was content to have the sale deed Ex.1 executed by the plaintiffs mother alone, although the plaintiff was present at that time and had in fact signed th...
0
4,172
1,295
### 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: have that effect since the defendants father himself admitted in a subsequent document, Ex. A-1, that he ha...
K. Jagannadha Rao Vs. State of Andhra Pradesh and Others
provides that Deputy Superintendents of Police in category 2 may be appointed by (a) direct recruit ment, or (b) recruitment by transfer from Inspectors of Police, class I, in the Andhra Pradesh Police Subordinate Service, which is really a promotion for them, or (c) appointment from category 3 which is a State service...
1[ds]6. The duties of the Deputy Superintendents of Police of category 2 and category 3 are however of a different nature. The Deputy Superintendents of Police of Category 2 are normally concerned with the prevention, detection and investigation of crime and maintenance of law and order. They constitute the principal p...
1
2,618
1,255
### 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: provides that Deputy Superintendents of Police in category 2 may be appointed by (a) direct recruit ment, o...
Commissioner of Income Tax Bombay Vs. Bar Council of Maharashtra Bar Council of India Bar Council
aforesaid functions. (2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of- (a) giving financial assistance to organise welfare schemes for the indigent, disabled or other advocates; (b) giving legal aid or advice in accordance with the rules made in this behalf." 7. Secti...
0[ds]Having regard to the aforesaid manner in which the definition of "charitable purpose" given in s.2 (15) has been interpreted by this Court the question that arises for consideration in these appeals is whether the securities, interest from which is s ought to be exempted from tax liability, were held by the assess...
0
3,909
1,000
### 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: aforesaid functions. (2) A State Bar Council may constitute one or more funds in the prescribed manner for the purpose of-...
P.N. Krishna Iyer Vs. Commissioner of Income Tax, Kerala
(AIR 1968 SC 682 ). No useful purpose will be served by making an analysis of the earlier cases, because in our view three recent judgments of this Court lay down the principles which govern this class of cases. In V. D. Dhanwateys case, 1968=68 ITR 365 = (AIR 1968 SC 683 ), V, the Karta of a Hindu undivided family con...
0[ds]But in our judgment there is no ground for holding that the Commissioner has attempted to revise the order of the Appellate Assistant Commissioner. In computing the income of the assessee as an individual, the Appellate Assistant Commissioner had directed certain modifications to be made, and pursuant thereto the ...
0
2,990
617
### 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: (AIR 1968 SC 682 ). No useful purpose will be served by making an analysis of the earlier cases, beca...
UNION OF INDIA Vs. PRIME LEATHERS
Civil Appeal No. 2176/2009, Civil Appeal No. 2099/2009 and Civil Appeal No. 4352/2009 : 1. Having regard to the nature of the order which we propose to pass in these appeals, it is not necessary to state the factual matrix of these cases in detail. Suffice is to state that according to the Directorate of Revenue Intell...
0[ds]However, the issue about the interpretation of the provision was raised before the High Court of Delhi in the case of M/s. Mangali Impex Ltd. v. Union of India and Ors., 2016 SCC Online Del 2597 = 2016 (335) E.L.T. 605 (Del.), and the High Court has held that the aforesaid provision would operate prospectively and...
0
767
351
### 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: Civil Appeal No. 2176/2009, Civil Appeal No. 2099/2009 and Civil Appeal No. 4352/2009 : 1. Having regard to the na...
Commissioner Of Income-Tax, Delhi And Rajasthan Vs. M/S. Bharat Carbon And Ribbon Manufacturing Co
assessment, even after setting off the tax paid under S. 18-A of Rs. 47,513 still an amount of Rs. 20,000 was still due from this assessee. The amount under S. 18-A has, therefore, been adjusted by the Pakistan authorities towards the payment of tax and the assessee cannot take credit for this amount again. Under these...
1[ds]11. In our opinion the effect of S. 18 (3) of the Indian Independence Act was to change the incidents of the advance tax paid. Previously the advance tax was to be adjusted towards a single regular assessment to be made by British India. After the Indian Independence Act the advance tax was liable to be adjusted a...
1
1,770
425
### 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: assessment, even after setting off the tax paid under S. 18-A of Rs. 47,513 still an amount of Rs. 20,000 was still due f...
The Regional Director Employees State Insurance Corporation Vs. M/S. Eastern Engineering Company
number of employees as :JanFebMarchAprilMayJuneJulyAug.Sep.Oct.Nov.Dec.1980WR262626262727272626262727MR222223232424242423222222 24. The counsel for the respondent tried to explain these figures that these figures are given at the instance and insistence of the factory inspector. He submitted that the respondent company...
1[ds]14. Thus, the distinction between Sections 2(9) and 2(10) is mainly wage based and the ceiling is placed on the basis of amount of wages earned by the employee. If that yardstick is applied, then we may get two types of employees in one establishment or factory. There may be different pay scales or increase in wag...
1
5,355
2,847
### 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: number of employees as :JanFebMarchAprilMayJuneJulyAug.Sep.Oct.Nov.Dec.1980WR262626262727272626262727MR222223232424242423222...
Modipon Fibre Company, Modinagar, U.P Vs. Commissioner of Central Excise, Meerut
under the Act and, therefore, effective duty of excise is the duty calculated on the basis of the prescribed rate as reduced by the exemption notification. This alone is excluded from the normal price under section 4(4)(d)(ii). 12. It is true that the Explanation to section 4(4)(d)(ii) only refers to the amount of duty...
0[ds]In our view, the above two judgments of the Bombay High Court lay down the correct principle underlying the Explanation to section 4(4)(d)(ii). As held in TOMCOs case (supra), the exemption was not by way of a windfall for the manufacturer-assessee but on account of cotton seed oil used by TOMCO in the manufacture...
0
5,525
288
### 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: under the Act and, therefore, effective duty of excise is the duty calculated on the basis of the prescribed...
Meharbansingh And Others Vs. Nareshsingh And Others
proprietor shall continue to remain in Possession of his khud-kasht land, so recorded in the annual village papers before the date of vesting.(3) Nothing contained in sub-section (1) shall operate as bar to the recovery by the outgoing proprietor of any sum which becomes due to him before the date of vesting in virtue ...
1[ds]The submission is not wholly correct. There was in fact an amendment of the plaint pursuant to the enactment of the Madhya Bharat Abolition of Zamindari Act (sic) and additional issues were framed on the amended pleadings. The parties and the Courts were thus not ignorant of the existence of the said Act on the st...
1
3,296
702
### 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: proprietor shall continue to remain in Possession of his khud-kasht land, so recorded in the annual village papers...
NARENDRA KUMAR MITTAL & ORS Vs. M/S NUPUR HOUSING DEVELOPMENT PVT. LTD. AND ANR
must either be explicitly expressed or clearly implied. The provisions of a law which seek to oust the jurisdiction of civil court need to be strictly construed. Section 331 of the Act has been the subject of series of pronouncements of the High Court as to the circumstances and the nature of the suits in which its exc...
0[ds]7. In the instant case, the plaintiff has pleaded that it had purchased the disputed property under five sale deeds all dated 17.10.1998 from the first defendant. The suit was filed for cancellation of the sale deed dated 15.06.2006 on the ground of fraud and misrepresentation. The plaintiff had not sought any rel...
0
1,636
463
### 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: must either be explicitly expressed or clearly implied. The provisions of a law which seek to oust the juri...
RAHUL Vs. THE STATE OF HARYANA
with the documentary evidence, we are of the considered view that there is a complete chain of evidence which would lead to irresistible conclusion that the appellant-accused has committed the offence and none else. Even the recoveries are sufficiently proved with the cogent evidence. In the disclosure statement the ap...
0[ds]13. Though the appellant (Rahul) and another accused, namely, Ramesh were tried together and were convicted by the trial court but on appeal the High Court has allowed the appeal qua Ramesh and acquitted him of the charges by recording a finding that prosecution has failed to prove the guilt of the accused Ramesh ...
0
6,817
3,193
### 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: with the documentary evidence, we are of the considered view that there is a complete chain of evidence whic...
Calcutta Port Sharmik Union Vs. Calcutta River Transport Association & Ors
in the light of the said principles. It took into consideration the financial capacity of the various managements who were involved in the case, the prevailing conditions of service in Calcutta and other questions governing the determination of the fair wages. It also took into consideration the observations made by th...
1[ds]19. After giving our anxious consideration to the entire award and to the judgments of the learned Single Judge and the Division Bench of the Calcutta High Court we feel that both the learned Single Judge and the Division Bench of the High Court erred on the facts and in the circumstances of the case in setting as...
1
5,966
863
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: in the light of the said principles. It took into consideration the financial capacity of the various manage...
Lalappa Lingappa & Ors Vs. Laxmi Vishnu Textile Mills Ltd., Sholapur
for the legislature and not for the courts to consider. The argument of inconvenience and hardship is a dangerous one and i s only admissible in construction where the meaning of the statute is obscure and there are two methods of construction. In their anxiety to advance beneficient purpose of legislation, the courts ...
0[ds]We are afraid, this line of reasoning cannot be accepted being against the scheme of theo questions arise in these appealsThese questions relate to the years in which these employees w ere not actually employed for 240 days in a year, due to their absence without leave6. The two Explanations have been inserted by ...
0
4,203
1,950
### 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: for the legislature and not for the courts to consider. The argument of inconvenience and hardship is a dangerous...
Muddada Chayana Vs. Karnam Narayana And Anr. Etc
provides for an appeal to the Tribunal from the decision of the Settlement Officer and it declares that the decision of the Tribunal shall be final and not liabl e to be questioned in any Court of law. Section 16 imposes on every person, whether a land-holder or a ryot who becomes entitled to a ryotwari patta under the...
0[ds]We are, however, unable to see any justification for restricting the scope of Section 56(1)(c) in the manner suggested by Shri Sarathi. We will briefly indicate our reasons for holding that the scope of Section 56(1) (c) is not to be restricted as was done by the Full Bench of Andhra Pradesh High Court in Cherukur...
0
2,867
975
### 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: provides for an appeal to the Tribunal from the decision of the Settlement Officer and it declares that the d...
Bata India Ltd Vs. Commissioner of Central Excise, New Delhi
marketability. On the question of marketability of the articles this Court held as follows :- ".....Marketability of goods has certain attributes. The essence of marketability is neither in the form nor in the shape or condition in which the manufactured articles are to be found, it is the commercial identity of the ar...
1[ds]12. We have heard counsel on either side at length and have also gone through the show cause notices issued by the Collector, objections filed by the assessee and the order passed by the Commissioner, views expressed by both the members and the order passed by the Tribunal on the question of exigibility of the pro...
1
3,440
618
### 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: marketability. On the question of marketability of the articles this Court held as follows :- ".....Mar...
Rajesh Pravinchandra Rajyaguru and Ors Vs. Gujarat Water Supply & Sewerage Board and Ors
meet out the expenses of the State. It is always a conscious decision of the Government as to how much taxes have to be levied so as to not cause excessive burden on the citizens. But the Boards and Corporations have to depend on either their own resources or seek grant from the Central/ State Government, as the case m...
0[ds]13. Having heard the learned counsel for the respective parties and considering the list of dates and events reproduced hereinabove it can be seen that the writ petitioners are working as daily rated employees with the Respondent – Board. The State of Gujarat passed a resolution dated 17.10.1988 wherein the Govern...
0
6,486
1,778
### 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: meet out the expenses of the State. It is always a conscious decision of the Government as to how much taxes...
M/S. CHITRALEKHA BUILDERS & ANR. THROUGH ANIL G. SHAH POWER OF ATTORNEY & HUSBAND OF THE PARTNER Vs. G.I.C. EMPLOYEES SONAL VIHAR CO-OP. HOUSING SOCIETY LTD. & ANR
M/s. Chitralekha Builders was impleaded as Defendant No.1, Kusum Gorule was impleaded as Defendant No.2, and M/s. Oswal Enterprises was impleaded as Defendant No.3. It was prayed that : (a) this Honble Court be pleased to declare that the partnership firm M/s Chitralekha Builders stands dissolved on 15.07.2004 or from ...
0[ds]9. Mr. Nikhil Nayyar, learned senior counsel appearing as Amicus Curiae, Mr. Anil G. Shah in-person, as the Power of Attorney Holder of appellant no. 2, and also learned counsel for the respondents have extensively made their submissions on merits. What transpires from the record is that both the consent decrees d...
0
2,400
731
### 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: M/s. Chitralekha Builders was impleaded as Defendant No.1, Kusum Gorule was impleaded as Defendan...
Shubham Knit Wear Private Limited, Mumbai Vs. The Regional Provident Fund Commissioner, Mumbai & Others
admittedly covered by the Act as it was an old establishment since 1921. The Supreme Court noted that the effect of Section 2A is that where an establishment is found to consist of different departments or branches, even if those departments and branches are situated at different places they would be a part and parcel ...
1[ds]Similarly, the material produced by the Appellant showed that gents undergarments manufactured under licence for that year constituted approximately 2227 dozen valued at Rs. 1.5 lakhs while similar products of the Appellant which were not under licence were to the extent of 4438 dozen valued at Rs. 5.18 lakhs. Apa...
1
4,822
342
### 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: admittedly covered by the Act as it was an old establishment since 1921. The Supreme Court noted that...
AGRA DIOCESAN TRUST ASSOCIATION Vs. ANIL DAVID AND ORS
then Article 17(iii) of Schedule II will not be applicable. On a comparison between the Court Fees Act and the U.P . Amendment Act, it is clear that Section 7(iv-A) of the U.P . Amendment Act covers suits for or involving cancellation or adjudging/declaring null and void decree for money or an instrument securing money...
1[ds]15. It is evident from the above discussion that it is undisputed that the point in issue was with respect to valuation for purposes of court fee; equally, it is not in issue that since the plaintiff (i.e. petitioner herein) sought, in addition to a declaration, in both the suits, decrees of cancellation, the cruc...
1
6,426
537
### 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: then Article 17(iii) of Schedule II will not be applicable. On a comparison between the Court Fees Act and the U.P...
jodhia Prasad Vs. Sangam Lal and Others
Prasad, appellant in this appeal from the office of Sarvarakar and the managership of the trust described in the plaint and from order removing defendants Nos. 2, 3 and 4 from the "office of trusteeship", for appointment of new trustees, Sarvarakar and Manager and for and order against the appellant directing him to re...
0[ds]We are unable to hold that the order appointing the appellant the Manger was an order made by consent. The order, dated October 14, 1955, consisted of two parts, the first part relating to the appointment of trustees was an order by consent, and the second part was the adjudication of the Court. That second part o...
0
1,144
362
### 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: Prasad, appellant in this appeal from the office of Sarvarakar and the managership of the trust describ...
M/s. Inox Wind Ltd Vs. M/s. Thermocables Ltd
a ?stricter rule? is applied in charterparty/bills of lading cases. The reason given is that the other party may have no knowledge nor ready means of knowledge of the relevant terms. Further, as the authorities illustrate, the terms of an arbitration clause may require adjustment if they are to be made to apply to the ...
1[ds]19. We are of the opinion that though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later contract, a general reference to a standard form would be enough for incorporation of the arbitration clause. In M.R. Engineers this Court restricted the exceptio...
1
5,502
394
### 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 ?stricter rule? is applied in charterparty/bills of lading cases. The reason given is that the othe...
Thakur Narain Singh Vs. State of Rajasthan
be said that the settlement made in 1953 still stood for the purpose of determining the compensation for the jagir in question.Shri Badri Das Sharma appearing for the State on the other hand has contended that it is true that the determination of rent rates in 1953 had been quashed, but the High Court had directed re-d...
1[ds]Having given our anxious consideration to the contentions raised on behalf of the parties we are of the positive view that after the quashing of the settlement made in 1953 it cannot be said that the settlement of the jagir still existed. It is to be noted at this stage that the settlement of 1953 was qu ashed by ...
1
2,432
635
### 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: be said that the settlement made in 1953 still stood for the purpose of determining the compensat...
Pandit Kishan Lal Vs. Ganpat Ram Khosla And Another
could not be validly determined, and that the company will be held responsible till such delivery for liability to pay rent and that in the event of possession being transferred to any other person, legal action will be taken against the company. But the company delivered possession of the shop to Khosla and allowed hi...
1[ds]In our view, the High Court misconceived the nature of the tenancy. A tenancy except where it is at will, may be terminated only on the expiry of the period of notice of a specified duration under the contract, custom or statute governing the premises in question. A tenant does not absolve himself from the obligat...
1
1,501
366
### 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: could not be validly determined, and that the company will be held responsible till such delivery for liability to pay re...
Workmen Of M/S Bata Shoe Co., (P) Ltd Vs. M/S Bata Shoe Co. (P) Ltd
which wanted the fixed percentage basis to be continued. That is the union was not prepared to receive bonus on the basis of profits, but wanted to continue the existing arrangement of payment at a fixed percentage as an incentive to efficiency in production. That is, the union wanted the character of the payment as pr...
0[ds]In the case before us, from the award it is seen that the union conceded that the amount paid as general bonus under the agreement was neither customary, nor profit bonus, nor bonus as an implied term of contract. In the nature of things the union has not raised the plea that amount paid under the agreement is a p...
0
8,030
2,318
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: which wanted the fixed percentage basis to be continued. That is the union was not prepared to receive bonus on th...
Rajes Kanta Roy Vs. Shanti Debi
is whether in view of the terms to be noticed, his interest in No. 44/2, Lansdowne Road against which execution is sought is in any way different. The scope for any possible difference arises in view of the fact that the devolution of lots I to IV on Rajes or his heirs (then living) is specifically expressed to be "sub...
0[ds]It is true that a formal direction in terms of the various clauses of the compromise petition directing the plaintiffs to pay the monthly allowance of Rs. 475 to the first defendant has not, in terms, been drawn up. But there can be no doubt that this was what was meant to be conveyed by the above mentioned formal...
0
8,032
2,208
### 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: is whether in view of the terms to be noticed, his interest in No. 44/2, Lansdowne Road against which execution is sought i...
Lilaben Udesing Gohel Vs. The Oriental Insurance Company Ltd
become liable to pay the amount of compensation is required to retain the amount with it. It is obliged to pay the same to the claimants periodically with interest at the rate of 15%. This is not the case in the guidelines laid down by the Honble Supreme Court. The guidelines laid down by the Honble Supreme Court requi...
1[ds]9. One can easily notice the major shift in ideas in the impugned judgment. The thrust in the impugned judgment is on the concept of annuity so as to ensure periodic payment of a fixed amount and to prevent the awarded sum in lump sum falling into the hands of the claimant as long as possible. In order to ensure t...
1
5,010
1,238
### 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: become liable to pay the amount of compensation is required to retain the amount with it. It is obliged to p...
Prithi Nath Singh And Others Vs. Suraj Ahir And Others
mortgagee, at the date of decree for principal and interest on the mortgage and other matters. Rule 9 provides that if on such accounting, any sum be found due to mortgagor, the decree would direct the mortgagee to pay such amount to the mortgagor. If the mortgage money due has been already paid by the mortgagor and ha...
0[ds]When the mortgage money is paid by the mortgagor to the mortgagee, there does not remain any debt due from the mortgagor to the mortgagee, and therefore the mortgage can no longer continue after the mortgage money has been paid. The transfer of interest represented by the mortgage was for a certain purpose, and th...
0
2,668
836
### 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: mortgagee, at the date of decree for principal and interest on the mortgage and other matters. Rule 9 provi...
Registrar General Vs. Jayshree Chamanlal Buddhbhatti
without there being any requisition from the court of the Chief Judicial Magistrate. This Court noted that if such resolutions are passed, it will be difficult for the judicial officers to perform their function in an objective and unbiased manner. This Court was constrained to observe that the High Court had failed to...
0[ds]we must once again reflect on the facts that have emerged in the present case. As noted earlier, the respondent was a candidate who had obtained a high rank in the selection for the judicial service, and was given an independent posting in a rural area, where she was living all alone. Her disposal of cases had bee...
0
8,594
330
### 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: without there being any requisition from the court of the Chief Judicial Magistrate. This Court noted that if such...
Deputy Commissioner of Sales Tax (Law) Board of Revenue (Taxes) Ernakulam Vs. Thomas Stephen and Company Limited
the decision of the Tribunal and rejected the Revenue s contention. 7. The construction of Section 5A of the Act came up for consideration before this Court in Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes), Ernakulam v. Pio Food Packers [1980, Vol. 46 STC 63 = 1980 E.L.T. 343 (S.C.)]. That was a case...
0[ds]We do not think that that is a reasonable interpretation of the expression either consumes such goods in the manufacture of other goods for sale or otherwise . It is intended by the Legislature that consumption of goods renders the price paid for their purchase taxable, if the goods are used in the manufacture of ...
0
1,947
414
### 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 decision of the Tribunal and rejected the Revenue s contention. 7. The construction of Section 5A of the Act c...
NAND RAM (D) THROUGH LRS. & ORS Vs. JAGDISH PRASAD (D) THROUGH LRS
the doctrine of tenant estoppel, which continues to operate even after the termination of the tenancy, debars a tenant who had been let into possession by a landlord, from disputing the latters title or pleading adverse possession, without first openly and actually surrendering possession of the tenanted premises and r...
1[ds]27. Thus, the finding returned in the award of the Reference Court (Ex. PW1/12) that the lease stood determined on account of non- payment of rent was a finding made by the reference Court for a limited purpose i.e. not to accept the defendants claim for compensation. Such finding cannot be binding on the parties ...
1
10,442
1,174
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the doctrine of tenant estoppel, which continues to operate even after the termination of the tenancy, debars a tenant who...
Allahabad Bank Limited Vs. Commissioner of Income Tax, West Bengal
officer if in their opinion the conduct of the recipient or the circumstances of the case should justify them in so doing. The whole scheme of the deed invested the bank or its officers duly authorised in that behalf with the sole discretion of granting or of withdrawing, modifying or determining the pension and it was...
0[ds]7. On a consideration of the provisions of the deed of trust above set out it is clear that the bank or its officers duly authorised in that behalf were constituted the sole authorities to determine what pensions and in what manner the same should be paid out of the income of the fund. The fund was declared to hav...
0
2,609
879
### 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: officer if in their opinion the conduct of the recipient or the circumstances of the case should justify them in so doing. ...
Punjab University Vs. Subash Chander and Another
to refuse to grant grace-marks or to enhance or reduce the quantum of grace marks. It has not been contended before us that there was any mala fides on the part of the Senate in making this change. It could not be contended that Subash Chander who appeared for the final examination in 1974 did not a have sufficient not...
1[ds]We are of the opinion that this appeal has to succeed. Section 31(1) of the Punjab University Act extracted above enables the Senate of the Punjab University, with the sanctions of the Government, to make from time to time, regulations, consistent within the provisions of that Act to provide for all matters relati...
1
3,612
1,586
### 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: to refuse to grant grace-marks or to enhance or reduce the quantum of grace marks. It has not been contended ...
Monnet Ispat & Energy Ltd. & Others Vs. Union of India & Others
a variation not exceeding ten percent;" Reading of the aforesaid Rule makes it clear that to be classified as `captive generating plant under Section 9 read with Section 2(8) of the Act of 2003, a power plant has to fulfil certain conditions; firstly, 26% of the ownership of the plant must be held by the captive user(s...
1[ds]8. It is apparent from the provisions that generating plants are to be regulated as per the provisions of the Act, Rules andof the aforesaid Rule makes it clear that to be classified as `captive generating plant under Section 9 read with Section 2(8) of the Act of 2003, a power plant has to fulfil certain conditio...
1
3,828
792
### 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: a variation not exceeding ten percent;" Reading of the aforesaid Rule makes it clear that to be classified as `captive ge...
Lila Kanta Barua and Others Vs. Collector of Customs and Central Excise, Shillong and Others
KRISHNA IYER, J. This is a hard case which cannot persuade us to make bad law; therefore, the petition has to fail. 2. The petitioners are Central Government employees of the Customs Department who complain that they find themselves below Customs Officers employed by the Tripura princely State, who came into the servic...
0[ds]We are unable to see any such vitiating factor. We may also add that some what challenges were made in Amrit Lal Berry v. Collector of Central Excise, New Delhi ((1975) 4 SCC 714 : 1975 SCC) 412 : (1975) 2 SCR 960 ), and repelled. We are unable to accede to the contentions of the petitioners and dismiss the wri...
0
415
212
### 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: KRISHNA IYER, J. This is a hard case which cannot persuade us to make bad law; therefore, the pet...
Axis Bank Vs. Sbs Organics Pvt. Ltd
also means admit to consideration. It would therefore appear that the direction to the court in the proviso to s. 9 is that the court shall not proceed to admit to consideration an appeal which is not accompanied by satisfactory proof of the payment of the admitted tax. This will be when the case is taken up by the cou...
0[ds]19. Any person aggrieved by the order of the DRT under Section 17 of the SARFAESI Act, is entitled to prefer an appeal along with the prescribed fee within the permitted period of 30 days. Foran appeal, a fee is prescribed, whereas for the Tribunal tothe appeal, the aggrieved person has to make a deposit of fifty ...
0
5,812
669
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: also means admit to consideration. It would therefore appear that the direction to the court in the proviso to s. ...
B. Subbarama Naidu Vs. B. Siddamma Naidu & Others
a dispute to an arbitrator must specify the time within which the award is to be made. What is imperative is the fixation of the time for making the award. But it does not follow that where the Court omits to specify the time in the order of reference but does so elsewhere in the proceedings, the reference is bad. In R...
0[ds]In our opinion there is no substance in any of thesemere application of the kind could not affect the reference. Apart from that, the award had actually been made before that date and, therefore, the attempt to seek the supersession of the arbitration was, in any case,agree that upon the material on record it woul...
0
1,328
210
### 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: a dispute to an arbitrator must specify the time within which the award is to be made. What is imperative is the fixation o...
NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. SAYEDABAD TEA COMPANY LTD. AND ORS
of the parties, has to be determined by the Arbitrator to be appointed by the Central Government in terms of sub-section (5) of Section 3G of the Act, 1956. 18. After analysing the scheme, it can be assumed that the legislature intended the Act, 1956 to act as a complete code in itself for the purpose of acquisition un...
1[ds]15. At the very outset, we may notice that the two Judge Bench of this Court in the recent judgment in General Manager (Project), National Highways and Infrastructure Development Corporation Ltd. case(supra), while dealing with the scope of sub-sections (5) and (6) of Section 3G of the Act 1956 with reference to S...
1
3,673
1,235
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: of the parties, has to be determined by the Arbitrator to be appointed by the Central Government in terms of...
Workmen Of Indian Express (P) Ltd Vs. The Management
in similar or allied trades. But the U. P. Working Journalists Union, Lucknow, with which the third respondent had no concern, took the matter to the Conciliation Board. On a reference being made to the Industrial Tribunal by the Government the legality of that reference was challenged by the appellant company on the g...
1[ds]8. The evidence of the union secretary was that in 1959-60, 31 working journalists of the respondent company were members of the Delhi Union of Journalists. It was nobodys case that these 31 members did not continue to be the members of that union in 1960-61 also. If the number of working journalists in the respon...
1
2,799
338
### 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: in similar or allied trades. But the U. P. Working Journalists Union, Lucknow, with which the third res...
The State of Punjab Vs. Anshika Goyal and others
her submission, learned senior counsel has heavily relied upon the following decisions of this Court: (i) Gulshan Prakash (Dr.) and others v. State of Haryana and others, reported in (2010) 1 SCC 477 (para 27); (ii) Chairman and Managing Director, Central Bank of India and others v. Central Bank of India SC/ST Employee...
1[ds]6. Now so far as the directions issued by the High Court directing to provide for 1% reservation/quota for children/grand children of terrorist affected persons/Sikh riot affected persons and sports persons in all private unaided non-minority Medical/Dental institutions in the State is concerned, at the outset, it...
1
2,503
2,309
### 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: her submission, learned senior counsel has heavily relied upon the following decisions of this Court: (i) Gu...
Youssuf Abbas Vs. Union of India and Others
CHINNAPPA REDDY, J.1. Ali Abbas Jafri was arrested on Sent 8, 1981, pursuant to an order of detention made on July 26, 1980 under the COFEPOSA. The grounds of detention along with the documents necessary to enable the detenu to make a representation were served on him on September 16, 1981. The detenu claims to have ma...
1[ds]We informed the learned counsel that he would be at liberty to produce the relevant records within a week from that date. Not withstanding the fact that four weeks have elapsed, the record have not been produced before us. When asked about it, the learned counsel told us hat though he had written to the Government...
1
778
117
### 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: CHINNAPPA REDDY, J.1. Ali Abbas Jafri was arrested on Sent 8, 1981, pursuant to an order of detention made ...
Gautam Kundu Vs. Manoj Kumar Assistant Director, Eastern Region, Directorate Of Enforcement (Prevention Of Money Laun
by a competent court of law, holding that no offence is made out against the appellant under Section 24 of the SEBI Act and it would be noteworthy that a criminal revision praying for quashing the proceedings initiated against the appellant under Section 24 of SEBI Act is still pending for hearing before the High Court...
0[ds]There is no doubt that PMLA deals with the offence of money laundering and the Parliament has enacted this law as per commitment of the country to the United Nations General Assembly. PMLA is a special statute enacted by the Parliament for dealing with money laundering. Section 5 of the Code of Criminal Procedure,...
0
6,638
572
### 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: by a competent court of law, holding that no offence is made out against the appellant under Section 24 of the SEBI Act and...
RADHEY SHYAM PANDEY Vs. KANPUR DEVELOPMENT AUTHORITY
BANUMATHI, J.: (1) The appellant was appointed as IIIrd grade clerk in the year 1963 and he was confirmed as IInd grade clerk vide Order dated 23.10.1969. Thereafter, the appellant was appointed as a stenographer on ad-hoc basis on 12.12.1969. Later, the appellant was reverted as clerk on 05.07.1973 and he continued to...
1[ds](5) The High Court vide impugned order set aside the order of the Tribunal mainly on the ground that the services of the appellant as stenographer were centralised one and the State Government being the appointing authority, has not been impleaded as party.
1
479
51
### 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: BANUMATHI, J.: (1) The appellant was appointed as IIIrd grade clerk in the year 1963 and he was confirmed as IInd grade cle...
ATMA RAM Vs. CHARANJIT SINGH
been paid in the first instance. 6. But in this case, the question was not merely one of limitation. As we have stated earlier, the suit agreement of sale was dated 12.10.1994. According to the petitioner, the last date fixed for the performance of the obligations under the contract, was 7.10.1996. A legal notice was i...
0[ds]It was only after issues were framed on 12.10.2002 that the Trial Court took up the application filed by the respondent for the dismissal of the suit. It is in that application that the Trial Court passed the order dated 09.08.2003 permitting the petitioner/plaintiff to pay the deficit court fee by treating the pr...
0
2,419
916
### 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: been paid in the first instance. 6. But in this case, the question was not merely one of limitation. As we have stated earli...
Express Newspapers (P) Ltd Vs. Michael Mark And Another
could, however, not be taken back even after the strike ended because their vacancies had been filled up.3. One of the workmen filed an application under S. 15 of the Payment of Wages Act, 1936 in which a claim was made for 30 days wages in lieu of notice, 20 days wages in lieu of leave, two months wages as compensatio...
0[ds]5. It is common ground that the respondents claim is based upon the aforesaid Standing Order. The High Court seems to think that where it is admitted on both the sides that employment of an employee has come to an end, Standing Order 25(1) would apply and the employee would be entitled to compensation thereunder. ...
0
1,746
539
### 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: could, however, not be taken back even after the strike ended because their vacancies had been filled u...
Karnataka Power Trans. Cor. Ltd Vs. M/S Deepak Cables (India) Ltd
presently apposite to refer to clause 48 of the agreement. The said clause reads as follows: - 48.0 Settlement of disputes: 1. Any dispute(s) or difference(s) arising out of or in connection with the Contract shall, to the extent possible, be settled amicable between the parties. 2. If any dispute or difference of any ...
1[ds]9. From the aforesaid provision, it is graphically clear that unless an arbitration agreement stipulates that the parties agree to submit all or certain disputes which have arisen or which may arise in respect of defined legal relationship, whether contractual or not, there cannot be a reference to an arbitrator. ...
1
5,443
941
### 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: presently apposite to refer to clause 48 of the agreement. The said clause reads as follows: - 48.0 Settlemen...
Timber Kashmir Pvt. Ltd. Etc. Etc Vs. Conservator Of Forests, Jammu & Ors. Etc
power to "sanction or cancel" leases, agreements and other instruments which was delegated to the officers mentioned there with limitation on their powers specified there. But, the Constitutional provision, relied upon on behalf of the appellant, relates to the manner of the execution of the formal document containing ...
0[ds]The learned Chief Justice had observed that these orders, purporting to ratify the leases which were valid, did not have any legal effect whatsoever and were unnecessary. If there had been any question to be decided as to whether the Government had sanctioned the leases, its actions, apart from the execution of le...
0
1,506
238
### 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: power to "sanction or cancel" leases, agreements and other instruments which was delegated to the officers mentioned there...
Reliance Jute and Industries Ltd Vs. Commissioner of Income Tax, West Bengal
assessment for the assessment year 1959-60, the ITO set-off the unabsorbed business loss of Rs. 1, 58, 845 for 1949-50 and Rs. 5, 70, 952 for 1950-51, against the business income of that year and directed that Rs. 15, 50, 189 representing the loss remaining unabsorbed should be carried forward. In the assessment procee...
0[ds]In our judgment, there is no substance in the assessees claimSection 24(2) has suffered amendment a number of times. Prior to its amendment by the Finance Act, 1955, it permitted a business loss to be carried forward for not more than six years, except in the case of losses pertaining to certain assessment years e...
0
1,253
514
### 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: assessment for the assessment year 1959-60, the ITO set-off the unabsorbed business loss of Rs. 1, 58, 845 for 1949-50 and...
Saraswathi Ammal Vs. Jagadambal And Another
governing succession the decision of the case has to rest on the rules of justice, equity and good conscience because admittedly no clear text of Hindu law applies to such a case. The High Court thought that the just rule to apply was one of propinquity to the case, according to which the married and dasi daughters wou...
0[ds]After hearing the learned counsel for the appellant, we feel no hesitation in concurring with the decision of the High Court. It was contended that the High Court was in error in holding that the custom set up by the defendant was not proved. To prove the custom that a dasi daughter was a preferential heir and exc...
0
3,462
804
### 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: governing succession the decision of the case has to rest on the rules of justice, equity and good cons...
Ramji Das and Ors Vs. Trilok Chand etc
we will therefore dispose it of by this common judgment. 2. The appellant is the owner of a house at Shamali in District Muzaffarnagar in U.P., and the respondent is the tenant of that house. The appellant applied to the Rent Control and Eviction Officer under S. 3 of the U. P. (Temporary) Control of Rent and Eviction ...
1[ds]4. In our view, the High Court was in error in holding that the decision of the Rent Control and Eviction Officer was, in the suits filed by the appellant, open to the objection that the Officer did not consider the "needs of the tenant". The Rent Control and Eviction Officer had jurisdiction to hear and decide th...
1
1,124
262
### 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: we will therefore dispose it of by this common judgment. 2. The appellant is the owner of a house at Shamali in District Mu...
SELVI Vs. GOPALAKRISHNAN NAIR (D) THR. LRS
No.123/9) and what was the basis on which the possession of the second defendant was upheld in the proceedings under Section 145 Cr.P.C. and in CRP No.45 of 1992.15. Both the trial court and the First Appellate Court appear to have rejected the objections raised by the second defendant mainly on the following grounds:-...
1[ds]18. In view of the stand taken by the second defendant that he is entitled to the adjoining property in Survey No.988 by virtue of the sale deed of the year 1951 and the consistent objections raised by him to the Commissioner?s Report, in our view, in the final decree proceedings, the trial court ought to have dir...
1
3,285
533
### 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: No.123/9) and what was the basis on which the possession of the second defendant was upheld in the proceedings un...
Satish Chandra Anand Vs. The Union Of India
There is thus a clear indication of the intention of the testator to absolutely dedicate the said premises to the deity and it is impossible to urge that there was a partial dedication of the premises to the deity. The only thing which was urged by Shri. N. C. Chatterjee in support of his contention was that the right ...
0[ds]The appeal was argued but so far as the petition for special leave to appeal was concerned the parties came to an agreement whereby the idol asked for leave to withdraw the petition on certain terms recorded between the parties. The petition for special leave was therefore allowed to be withdrawn and no objection ...
0
3,921
998
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: There is thus a clear indication of the intention of the testator to absolutely dedicate the said premi...
Lakshman Swarup Om Prakash Vs. Union of India
Section 226(4) of the Act. It was submitted on behalf of the appellant before the High Court that the income tax liabilities of the judgment-debtors were the subject-matter of a number of writ petitions and in those writ petitions by order dated 8-4-1980, the demand giving rise to such liabilities has been quashed. On ...
0[ds]7. These observations do not lend support in the case of the appellant because in the present case it cannot be said that the Union of India had allowed the amount to be taken away by the. Before the amount could be distributed among thes the application had been filed by Respondent 1 under Section 226(4) of the A...
0
1,556
188
### 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: Section 226(4) of the Act. It was submitted on behalf of the appellant before the High Court that the...
Jamshed Jahan Begam & Ors Vs. Lakhan Lal & Ors
not necessary that the interest or rights of the debtor should be mentioned in the decree, because the requirement is only regarding the nature and extent of the property and that has been mentioned in the decree granted in favour of the respondents by the Special Judge under Section 14 (7), and it has also been report...
0[ds]8. It will be seen from the rival contentions set out above that the main question that arises for consideration is as to whether the bhumidhari rights of the appellants obtained by them under the Abolition Act can be proceeded with for realisation of the decree obtained by the respondents under the provision of t...
0
6,926
7,703
### 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: not necessary that the interest or rights of the debtor should be mentioned in the decree, because the requirement is onl...
AJAY KUMAR RATHEE Vs. SEEMA RATHEE
have to develop some interaction with the appellant-father if she wants him to play a role in her education. At the request of parties the matter was again referred to mediation but the report was one of failure and as per the learned counsel for the appellant, it became acrimonious and unpleasant in terms of the telep...
1[ds]10. None appeared for the respondent in the pre-lunch session or in the post-lunch session. We have thus heard learned counsel for the appellant and perused the records. On analysis of the impugned judgment what transpires is that the High Court has reversed the findings of the trial Court predicated on a reasonin...
1
1,781
842
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: have to develop some interaction with the appellant-father if she wants him to play a role in her...
Johri Lal (H.U.F.) Vs. Commissioner of Income Tax, Uttar Pradesh
Assistant Commissioner agreeing with Income-tax Officer came to the conclusion that the required notice had been served within time and therefore the proceedings taken under Section 34 (1) (b) were valid proceedings. Against this order of the Appellate Assistant Commissioner the assessee went up in second appeal to the...
1[ds]4. Our answer to the third question depends upon our answer to the first question. If we come to the conclusion that the proceedings were not validly initiated under Section 34 (1) (a) then we will have to answer the third question also in favour of the assessee.In the instant case, as seen earlier, theOfficer did...
1
1,546
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: Assistant Commissioner agreeing with Income-tax Officer came to the conclusion that the required notice had been served wi...
Mansaram Vs. S. P. Pathak And Others
appellant entered the premises in 1954. There have been numerous proceedings between him and the late Basantrai Sharma who let out the premises to the appellant but no one ever raised the question whether the appellant had entered the premises in contravention of clause 22(2). Till Basantrai Sharma died, no one raised ...
1[ds]Undoubtedly, power is conferred on the Collector to see that the provisions of the Rent Control Order which disclosed a public policy are effectively implemented and if the Collector therefore, comes across information that there is a contravention, he is clothed with adequate power to set right the contravention ...
1
4,926
749
### 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: appellant entered the premises in 1954. There have been numerous proceedings between him and the late Basantrai Sharma wh...
K. Kankarathnamma And Others Vs. State Of Andhra Pradesh And Others
so far as the determination of compensation was concerned cannot amount to waiver or acquiescence. Indeed, when there is an absence of inherent jurisdiction, the defect cannot be waived nor can be cured by acquiescence.4. In Alderson v. Palliser, (1901) 2 KD 833 the Court of Appeal held that where the want of jurisdict...
0[ds]We say unfortunately because this is not a kind at plea which the state ought at all to have taken. Quite clearly applications objecting to the rates at which compensation was allowed were taken in time by persons interested in the lands which were under acquisition and it was no fault of theirs that a reference w...
0
2,346
1,631
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: so far as the determination of compensation was concerned cannot amount to waiver or acquiescence. Indeed, ...
Commnr. Of Sales Tax Vs. Industrial Coal Enterprises
not operate. In support of his contention that provision for exemption from payment of tax should by strictly construed, reliance is placed upon the judgment of this court in State Level Committee and another v. Morgardshammar India Ltd., 1996(1) SCC 108. A Bench of two Judges of this Court relied upon an earlier decis...
0[ds]We are unable to accept this contention. It is pointed out by the court of Appeal in England in Attorney General v. Clarkson, 1900(1) QB 156 that subsequent Legislation may be looked at in order to see the proper construction to be put upon an earlier Act where that earlier Act is ambiguous. Lindley M.R. said, "Ou...
0
3,928
502
### 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: not operate. In support of his contention that provision for exemption from payment of tax should by strictl...
The Management of Pradip Lamp Works, Patna Vs. Workmen of Pradip Lamp Works, Patna, & Another
by an application dated 29 November, 1963 by three other dismissed workmen complaining about their dismissal and requesting the conciliation officer to hold conciliation proceedings. It appears that a large number of workmen were not satisfied with the existing union, namely, the Pradip Lamp Workers Union. They, theref...
0[ds]The facts that the workmen were agitating the dispute regarding the dismissal of the said ten workmen before the conciliation officer, that that officer had fixed meeting for conciliation and the managements refusal to attend are clearly borne out by the letter Ex. 1/G-a dated 29 January, 1964. That letter was add...
0
1,523
702
### 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: by an application dated 29 November, 1963 by three other dismissed workmen complaining about their dismissal ...
Sant Lal Mahton Vs. Kamala Prasad
written and engrossed at the plaintiffs house at village Chakla Maulanagur and the date which the document bears is 21st Chaitra 1334 Fasli corresponding to 8th April, 1927. Obviously, it was attesting witnesses whose names appears in the deed, to wit, Sunderlal, Matukdhari Prasad, Dwarka Prasad and Nanak Prasad the la...
1[ds]It would be clear, we think, from the language of section 20 of the Limitation Act that to attract its operation two conditions are essential : first, the payment must be made within the prescribed period of limitation and secondly, it must be acknowledged by some form of writing either in the handwriting of the p...
1
4,145
1,160
### 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: written and engrossed at the plaintiffs house at village Chakla Maulanagur and the date which the document bears is 21st Ch...
ANIL KHADKIWALA Vs. STATE (GOVERNMENT OF NCT OF DELHI) AND ANOTHER
in his earlier application under Section 482, Cr.P.C. that he had resigned from the Company on 20.01.2001 and which had been accepted. From the tenor of the order of the High Court on the earlier occasion it does not appear that Form 32 issued by the Registrar of Companies was brought on record in support of the resign...
1[ds]6. We have considered the respective submissions on behalf of the parties and are of the opinion that the appeal deserves to be allowed for the reasons enumerated hereinafter28.02.2001. The appellant in his reply dated 31.08.2001, to the statutory notice, had denied answerability in view of his resignation on 20.0...
1
1,588
446
### 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: in his earlier application under Section 482, Cr.P.C. that he had resigned from the Company on 20.01....
MATADIN SURAJMAL RAJORIA (DECEASED) THROUGH SOLE LEGATEE LALITA SATYANARAYAN KHANDELAWAL Vs. RAMDWAR MAHAVIR PANDE (DEAD) THR. LRS. & ORS
made by the defendants, after carrying out measurement on the basis of sale deeds (Exhibits 47,66), whereafter one Amol Giri was appointed as the Surveyor/Court Commissioner for joint measurement of the suit property. The Court Commissioner visited the site on 28.11.2016 in Survey no. 25/4 in Village Mhasala and prepar...
1[ds]10. The contention advanced by the rival counsel have been considered. While concurrent findings of Courts below are not to be routinely interfered, it is seen that there was a second round in the litigation and another substantial question of law was formulated by the High Court for adjudication of the second app...
1
1,714
310
### 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: made by the defendants, after carrying out measurement on the basis of sale deeds (Exhibits 47,66), whereafter one Amol G...
Praga Tools Corporation Vs. Shri C. A. Imanual & Ors
for the issue of mandamus is that there is in one claiming it a legal right to the performance of a legal duty by one against whom it is sought. An order of mandamus is, in form, a command directed to a person, corporation or an inferior tribunal requiring him or them to do a particular thing therein specified which ap...
1[ds]6. In our view the High Court was correct in holding that the writ petition filed under Art. 226 claiming against the company mandamus or an order in the nature of mandamus was misconceived and not maintainable. The writ obviously was claimed against the company and not against the conciliation officer in respect ...
1
3,256
906
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: for the issue of mandamus is that there is in one claiming it a legal right to the performance of a legal du...
Mahesh Stationaries & Anr Vs. Indiabulls Financial Services Ltd
T.S. Thakur, J. 1. In this petition under Section 406 of the Cr.P.C., the petitioners seek transfer of Criminal Complaint No.14089 of 2009 from the Court of Judicial Magistrate, First Class, Gurgaon, Haryana to the Court of competent jurisdiction at Bangalore.2. The petitioner appears to have borrowed a loan of Rs.15,0...
1[ds]4. Having heard learned counsel for the parties, we are inclined to allow this petition.5. It is evident from the above that the only reason the complainant claims jurisdiction for the Courts at Gurgaon is the fact that the complainant-respondent had issued the statutory notices relating to the dishonour of the ch...
1
858
425
### 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: T.S. Thakur, J. 1. In this petition under Section 406 of the Cr.P.C., the petitioners seek transfer of Crimi...
Sardar Inder Singh Vs. State of Rajasthan
of 1949, and provided S.3 is valid, the validity of the notification is coextensive with that of the Ordinance. If the Ordinance did not come to an end by reason of the fact that the authority of the Rajpramukh to legislate came to an end-and that is not and cannot be disputed- neither did the power to issue a notifica...
0[ds]It will be noticed that the authority conferred on the Bihar Government by the proviso to S.3 was one not merely to extend the lift of the Act as in the present case, but also to extend it with such modifications as might be specified in the notificationIn our opinion, S.3 of the Ordinance in so far as it authoris...
0
6,275
1,054
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: of 1949, and provided S.3 is valid, the validity of the notification is coextensive with that of the Ordinance. If the Ordin...
State Of U.P. Vs. Saraya Industries Ltd
Meakin Breweries Ltd. v. Excise & Taxation Commissioner, Chandigarh 6 the appellant company carried on the business of manufacture, storage and sale of liquors. Between June 1967 and April 1969, it transported various quantities of liquor from its distilleries in U.P. to its bonded warehouse at Chandigarh. On arrival, ...
0[ds]Thus, by reason of the circular letter, the concept of payment of damages measured in terms of the excise duty had not been conceptualized.29. The legislative field in regard to levy of excise duty is covered by Entry 51, List II of the Seventh Schedule of the Constitution of India. It may be true that the resort ...
0
5,711
485
### 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: Meakin Breweries Ltd. v. Excise & Taxation Commissioner, Chandigarh 6 the appellant company carried o...
Haridas Mondal Vs. Anath Nath Mittra
as may be considered appropriate. The court is invested with the power of reopening transactions including taking of accounts between the parties, of releasing the borrower of all liability in excess of the limits specified in cls. (1) and (2) of S. 30 and of setting aside either wholly or in part or of revising or alt...
1[ds]In our judgment, S. 36 contemplates filing of one suit and not successive suits for reopening transaction including decrees and obtaining relief under the Act. If in a suit filed for that purpose, a borrower does not obtain relief which he has asked for or abandons his right to relief, in our judgment it will not ...
1
1,829
279
### 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: as may be considered appropriate. The court is invested with the power of reopening transactions including taking...
Narra Seetharamayya Varma & Others Vs. Kosaraju Venka Girayya By L.Rs. & Others
the minor inam subsequent to the grant of the named village. To our mind, there was no. justification for the High Court to interfere in second appeal even if it was inclined to take a different view of the evidence. In fact, we do not consider that a different view than that taken by the Lower Appellate Court was poss...
1[ds]To our mind, there was no. justification for the High Court to interfere in second appeal even if it was inclined to take a different view of the evidence. In fact, we do not consider that a different view than that taken by the Lower Appellate Court was possible. We notice that the High Court completely lost sigh...
1
1,654
578
### 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 minor inam subsequent to the grant of the named village. To our mind, there was no. justification for the High...
Sri Samir Sobhan Sanyal Vs. Tracks Trade Pvt. Ltd.
to purchase the property at a consideration price of Rs.40 lakhs". 3. It would thus be seen that in the suit for specific performance, the 6th respondent was put on notice that the appellant was in possession and enjoyment of the demised premises and yet the 6th respondent had entered into the agreement subject to the ...
1[ds]are not impressed with the arguments. At this stage, we are only concerned with his admitted possession of the demised premises. What rights would flow from a contract between him and his employer is a matter to be adjudicated in his application filed under Order 21, Rules 98 and 99,CPC. At this stage, it is prema...
1
1,348
350
### 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: to purchase the property at a consideration price of Rs.40 lakhs". 3. It would thus be seen that in the suit for specific p...
Ramakrishna Hari Hegde & Anr Vs. Market Committee, Sirsi & Ors
had earlier in Mohammad Hussain Gulam Mohammad v. The State of Bombay (1962) 2 SCR 659 = (AIR 1962 SC 97 ), held Sections 4, 4-A, 5, 5-A and 5-AA to be constitutional and that none of the said provisions imposed unreasonable restrictions on the right to carry on trade in the agricultural produce regulated under the Act...
1[ds]11. It may be mentioned that the earlier Notification of 31-8-1954 also made in exercise of the powers conferred by sub-section (2) of Section 4-A of the Act had declared as the Principal Market Yard all godowns, storage places and open places lying within the limits of the Sirsi Municipality and approved by the A...
1
3,026
647
### 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: had earlier in Mohammad Hussain Gulam Mohammad v. The State of Bombay (1962) 2 SCR 659 = (AIR 1962 SC 97 ), held S...
Silversons Vs. Oriental Insurance Company Ltd. & Another
final port would give the cause of action to the Insurance Company. The date of discharge at final port could be relied. The insurance policy provides for that only. We are, therefore, of the view that the bar of limitation cannot survive.Since this does not survive, the Insurance Company cannot resist the claim of the...
0[ds]Although, the view taken by the National Commission that for availing benefit of the Policy, the insured should give intimation to the insurer within 24 hours or 48 hours or at best within 72 hours appears to be too narrow and we are inclined to agree with the learned Counsel for the appellant that it would be suf...
0
2,136
376
### 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: final port would give the cause of action to the Insurance Company. The date of discharge at fina...
Dist. Registrar & Coll.,Hyderabad Vs. Canara Bank Etc
The above safeguards must necessarily be read into the provision relating to search and inspection and seizure so as to save it from any unconstitutionality. 55. Secondly, the impugned provision in sec.73 enabling the Collector to authorize any person whatsoever to inspect, to take notes or extracts from the papers in ...
0[ds]An instrument which is not duly stamped cannot be received in evidence by any person who has authority to receive evidence and it cannot be acted upon by that person or by any public officer. This is the penalty which is imposed by law on the person who may seek to claim any benefit under an instrument if it is no...
0
12,837
442
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: The above safeguards must necessarily be read into the provision relating to search and inspection and ...
N.C. SANTHOSH Vs. THE STATE OF KARNATAKA & ORS
threshold as being not in conformity with proviso to Rule 5. The appellants applied for compassionate appointment (after attainment of majority), well beyond the stipulated period of one year from the date of death of the parent, and therefore, those applications should not have been entertained being in contravention ...
0[ds]8.4 Though, certain additional factual details are seen in the appeal relating to Sayeda Farheen Banao, but core issue is no different from the other casesThe validity of the amended Rules is not challenged in any of the present proceedings. Following the amendment the norms clearly suggest that the earlier provis...
0
2,996
899
### 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: threshold as being not in conformity with proviso to Rule 5. The appellants applied for compassionate a...
State Of M.P Vs. Sheetla Sahai
in the earlier case. The decision in Meads v. King does not carry us any further; it adopts the reasoning in Gills case." The said principle has been reiterated by this Court in B. Saha v. M.S. Kochar [(1979) 4 SCC 177] in the following terms: "17. The words "any offence alleged to have been committed by him while acti...
0[ds]47. From the materials available on record, it is crystal clear that the decision taken was a collective one. The decision was required to be taken in the exigency of the situation. It may be an error of judgment but then no material has been brought on record to show that they did so for causing any wrongful gain...
0
12,841
1,820
### 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: in the earlier case. The decision in Meads v. King does not carry us any further; it adopts the reasoning ...
Syed Basheer Ahamed & Others Vs. Mohd. Jameel & Another
dependents at the time of his death and the amount, which he was accustomed to spend upon himself. This exercise has to be on the basis of the data, brought on record by the claimant, which again cannot be accurately ascertained and necessarily involves an element of estimate or it may partly be even a conjecture. The ...
1[ds]arriving at just compensation, it is necessaryn the net income of the deceased available for the support of himself and his dependents at the time of his death and the amount, which he was accustomed to spend upon himself. This exercise has to be on the basis of the data, brought on record by the claimant, which a...
1
3,102
175
### 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: dependents at the time of his death and the amount, which he was accustomed to spend upon himself. This...
S. Anbalagan Vs. B. Devarajan & Ors
all practical purposes and when we have to consider the legal and political rights of the old body the views of the new faith hardly matter. The new body is free to ostracise and outcaste the convert from its fold if he does not adhere to its tenets, but it can hardly claim the right to interfere in matters which conce...
0[ds]14. Now, what are the facts of the present case ? The birth extract of the first respondent, Devarajan shows his parents as Hindu Adi Dravidas. Throughout his educational career, he was treated as a Hindu student belonging to the Scheduled Castes and was awarded scholarships on that basis. The school records relat...
0
3,403
396
### 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: all practical purposes and when we have to consider the legal and political rights of the old body the vie...
State of Maharashtra Vs. Dinesh
other by the State seeking enhancement of sentence against the accused. By the judgment impugned herein, the High Court while dismissing the appeal of the State, allowed the appeals filed by the Accused and acquitted them of the charges. 4. Dissatisfied with the impugned judgment, three criminal appeals i.e. Criminal A...
0[ds]6. We have heard learned Counsel for the Appellant-State as well as learned Counsel appearing on behalf of the Respondent-accused, and gone through the material on record7. Undoubtedly, out of 23 prosecution witnesses, the evidence of PW7 Pushpabai is crucial in this case as she was presented as the sole eye-witne...
0
1,356
541
### 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: other by the State seeking enhancement of sentence against the accused. By the judgment impugned herein, the High Court wh...
PEER GULAM JILANI Vs. PEER GULAM NASEER AND ORS
was the real brother of Khwaja Najmuddin, Maujam Ali PW1 has also confirmed his testimony. In this connection two Sajras Ex.101 and 102 have been placed on record. In this connection Gulam Jilani DW1 has stated that: Ahmad baksh saheb ke pote hone ke nate vadi unke putra najimuddin saheb va unke pote maulana Nasruddin ...
0[ds]11. Rule 1 of the Zabta cannot be read in a manner as suggested by the counsel for the appellant. Had the Zabta intended to lay down line of succession through lineal descendants, it would have been clearly provided. The succession to the Sajjadah Nashin and Mutawalli is not hereditary succession but it is selecti...
0
3,186
789
### 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 the real brother of Khwaja Najmuddin, Maujam Ali PW1 has also confirmed his testimony. In this connectio...
Ishwarlal Mohanlal Thakkar Vs. Paschim Gujarat Vij Company Ltd
the functioning of the tribunals and courts subordinate to the High Court.” It was also held that- “High Courts cannot, at the drop of a hat, in exercise of its power of superintendence under Art.227 of the Constitution, interfere with the orders of tribunals or courts inferior to it. Nor can it, in exercise of this po...
1[ds]9. We find the judgment and award of the labour court well-reasoned and based on facts and evidence on record. The High Court has erred in its exercise of power under Article 227 of the Constitution of India to annul the findings of the labour court in its Award as it is well settled law that the High Court cannot...
1
3,420
1,332
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: the functioning of the tribunals and courts subordinate to the High Court.” It was also held that- “High Cou...
Indian Oil Corp.Ltd Vs. Subrata Borah Chowlek
erred in declining to condone the same. It is true that even upon showing a sufficient cause, a party is not entitled to the condonation of delay as a matter of right, yet it is trite that in construing sufficient cause, the Courts generally follow a liberal approach particularly when no negligence, inaction or mala fi...
1[ds]7. Having heard the learned counsel, we are of the opinion that in the instant case a sufficient cause had been made out for condonation of delay in filing the appeal and therefore, the High Court erred in declining to condone the same. It is true that even upon showing a sufficient cause, a party is not entitled ...
1
1,732
331
### 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: erred in declining to condone the same. It is true that even upon showing a sufficient cause, a party is not entitled to th...
Harkishan Singh Vs. State Of Punjab & Ors
to the selection grade was said by the appellant to be an infraction of rule 9 (2). The contention of the appellant with regard to rule 5 was that it spoke of appointment to the service either by promotion from Class II or by direct recruitment and therefore there could be direct recruitment only to Class I service and...
0[ds]12. Rule 9 (2) does not contain any restrictive word that only members of the service shall be eligible to promotion to a selection grade. The proviso to rule 9 (2) contains a word of limitation and it is that no member of the service shall be entitled as of right to such promotion. To exclude appointment to selec...
0
2,612
755
### 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: to the selection grade was said by the appellant to be an infraction of rule 9 (2). The contention of the appellant with re...
Chairman cum Managing Director Coal India Limited & Another Vs. Mukul Kumar Choudhuri & Others
of Civil Service Union v. Minister for Civil Service(1985 AC 374 : (1984) 3 WLR 1174 : (1984) 3 All ER 935 (HL) Lord Diplock proclaimed: (All ER p. 950h-j)"Judicial review has I think developed to a stage today when, without reiterating any analysis of the steps by which the development has come about, one can convenie...
1[ds]24. The High Court in the present case assessed the entire evidence and came to its own conclusion. The High Court was not justified to do so. Apart from the aspect that the High Court does not correct a finding of fact on the ground that the evidence is not sufficient or adequate, the evidence in the present case...
1
5,903
1,076
### 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: of Civil Service Union v. Minister for Civil Service(1985 AC 374 : (1984) 3 WLR 1174 : (1984) 3 A...
The Management of the Cannanore Spinning & Weaving Mills Ltd Vs. Secretary, Cannanore Spinning & Weaving Mills Workers' Union
in the hands of the Management-for the employer as well as for the industry together-a sum of Rs. 49,773 plus Rs. 74,674 as the income-tax rebate available i.e., a total sum of Rs. 1,24,447 as against the amount of Rs. 1,70,684 for the workmen.2. It appears to have been the employers case before the Tribunal that an am...
0[ds]It was urged on behalf of the appellant that an analysis of the statements in the balance sheet would clearly establish the fact that the amount claimed to have been worked as working capital was in fact soused. It is unnecessary for us to consider in this case whether an analysis of the statements in thewould est...
0
1,515
840
### 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: in the hands of the Management-for the employer as well as for the industry together-a sum of Rs....
Om Prakash Gupta Swadheen Vs. Union of India & Others
the post held by the petitioner, the appointing authority in relation to the petitioner would be the higher of the two authorities, in this case the Director-General, Geological Survey of India.5. The Division Bench of the High Court hearing the appeal from the judgment of the learned Single Judge thought that the defi...
1[ds]This is a contention which cannot be rejected out of hand, However, this aspect of the matter does not appear to have been investigated in the High Court. But if the parties are agreed on the point, as they seemed to be, that the definition of appointing authority in Rule 2 (a) of the Central Civil Services ( Clas...
1
2,221
512
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the post held by the petitioner, the appointing authority in relation to the petitioner would be the higher of the two aut...
Svenska Handelsbanken Vs. Messrs Indian Charge Chrome and Others
to the plaintiff; and that if the letter of credit was drawn up or negotiated plaintiff might be forced into bankruptcy. 82. It will again be noticed that in this case the dispute was between the supplier and the purchaser and the decision is based on the facts found by the court for grant of preliminary injunction. 83...
1[ds]It will be noticed that in the present case prima facie the provision for capacity of the power plant being of 108 M. W. was a condition. Therefore, the plaintiff could have repudiated the contract as provided in S. 12(2) of the Sale of Goods Act or treated as a warranty by waiving the condition or elect to treat ...
1
15,965
581
### 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: to the plaintiff; and that if the letter of credit was drawn up or negotiated plaintiff might be forced...
RAJENDRA K. BHUTTA Vs. MAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ANOTHER
for building repairs or for reconstruction of buildings or for housing and rehabilitation of, dishoused occupiers, whether provided by this Act or not, and the Board shall thereupon undertake the framing and execution of such schemes as if it had been provided for by this Act. (2) The Board may, on such terms and condi...
1[ds]The aforesaid provisions of the Joint Development Agreement would show that, at the very least, a license is granted in favour of the developer to enter upon the land to demolish existing structures, construct and erect new structures, and allot to erstwhile tenants, tenements in such constructed structures in thr...
1
10,974
1,556
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: for building repairs or for reconstruction of buildings or for housing and rehabilitation of, dishoused occup...
Soni Dineshbhai Manilal Vs. Jagjivan Mulchand Chokshi
on 29th April, 1995. However, an observation was made by the trial court that the ‘averments are fabricated with bad intention by the defendant and that the delay may be caused for recovery of decretal amount’. Another objection filed by the respondent was rejected by a very detailed order dated 31st January, 1996 not ...
0[ds]In a given case the appellate court in exercise of its inherent jurisdiction can convert one type of appeal to the other. Forum for preferring a second appeal as also an appeal under Order XVIII Rule 1(u) is the same, namely the High Court. As the scope of an appeal under Order XVIII Rule 1(u) is wider than a seco...
0
2,643
242
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: on 29th April, 1995. However, an observation was made by the trial court that the ‘averments are fabricated ...
CHAIRMAN-CUM-MANAGING DIRECTOR FERTILIZER CORPORATION OF INDIA LTD. AND ANR Vs. RAJESH CHANDRA SHRIVASTAVA AND ORS
the calculation of payment of gratuity and ad hoc payment with interest. Hence, the appellant shall succeed 2 in this appeal. Accordingly, the appeal is allowed. It is needless to mention that the question raised by respondent no. 2 is kept open. 12. The Management filed a petition for review. It was dismissed on 13.08...
1[ds]15. We have already extracted the order passed by this Court on 05.05.2015 in C.A.No.4258 of 2015 in the case of Shri Kashi Prasad Tripathi. The said order does not deal with this question. The said order has gone on the basis that the computation of the quantum of gratuity is exclusively within the domain of the ...
1
2,587
651
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the calculation of payment of gratuity and ad hoc payment with interest. Hence, the appellant shall succeed 2 in this appe...
State of Gujarat Vs. Gujarat Revenue Tribunal and Others
a piece of such land not in any mans occupation but lying common.3. A devastated region."13. In the sequence in which the expression waste lands appears in the two relevant sections, it cannot but have its ordinary etymological meaning as given in the Shorter oxford Dictionary i.e.. land lying desolate or useless, with...
0[ds]It is therefore, evident that the determination of the question whether a particular category of property belonging to a taluqdar in a taluqdari estate is vested in the Government or not, and the determination of the question whether the rights held by a taluqdar in such property shall be deemed to have been extin...
0
3,582
1,277
### 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: a piece of such land not in any mans occupation but lying common.3. A devastated region."13. In the sequence...
R. L. Narasimham Vs. Union Of India
retired after the enforcement of the 1954 Act but before its amendment in1958. However, for the purpose of pension he had elected to be governed by Part II of the First Schedule to the 1954 Act. He was accordingly paid pension to which he would have been entitled under the ordinary rules of I.C.S., if he had not been a...
1[ds]8. The principal distinction between C.A. No. 2065 of 1970 (Shri B. Malik v. Union of India and anr.) and the other two cases, as suggested at the bar, is that Shri B. Malik never belonged to the Indian Civil Service whereas Shri Narasimham and Shri Desai originally belonged to the Indian Civil Service and were ap...
1
11,541
1,984
### 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: retired after the enforcement of the 1954 Act but before its amendment in1958. However, for the purpose...
Anjani Singh & Others Vs. Salauddin & Others
V. Gopala Gowda, J. 1. This civil appeal is directed against the judgment and award dated 29th November, 2006 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.236 of 2001, wherein the High Court allowed the said appeal and enhanced the compensation by [pic]1,20,600/- and awarded interest at the ra...
1[ds]Pursuant to the said order, the matter was placed before a larger Bench which answered the points of reference in favour of the appellants, in the decision reported in Reshma Kumari & Ors. v. Madan Mohan & Anr. [(2013) 9 SCC 65] The points answered read as under:40. In what we have discussed above, we sum up our ...
1
1,112
379
### 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: V. Gopala Gowda, J. 1. This civil appeal is directed against the judgment and award dated 29th November, 2006...
Shroff & Co., Etc Vs. Municipal Corporation Of Greater Bombay Andanother, Etc
See in this connection the observations of this Court in R. C. Jall v. Union of India, where at page 451 of the report this Court reiterated that the method of collection does not affect the essence of the duty, but only relates to the machinery of collection for administrative convenience. 32. In McDowell v. CTO at pa...
0[ds]36. This rule used the words "excise duties" as also the words "all other incidental charges". Section 105 of the Bombay Prohibition Act 1949 itself talks of excise duties so as to include both excise duty as well as countervailing duty. Therefore, the normal connotation of the words "excise duties" would take in ...
0
9,313
257
### 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: See in this connection the observations of this Court in R. C. Jall v. Union of India, where at page 45...
Bachan Singh & Ors Vs. Gauri Shankar Agarwal & Ors
Constitution. The matter was, at the first instance heard by a single Judge of that Court. The learned single Judge allowed the writ petition and remanded the case back to the Board of Revenue for fresh disposal. Against that order of the learned single Judge, respondents Nos. 1 and 2 filed an appeal before the Letters...
0[ds]4. So far as the lease in favour of the appellants is concerned, admittedly that lease had not been granted by Raja Harish Chandra. According to the appellants the properties of the Raja were under the management of Court of Wards in 1946. One Aziz Ullah on behalf of Punjab Farmers entered into an agreement with t...
0
1,543
912
### 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: Constitution. The matter was, at the first instance heard by a single Judge of that Court. The learne...
Sundaram Finance Limited Vs. Abdul Samad & Another
said code in the same manner as if it were a decree. It is, thus, the enforcement mechanism, which is akin to the enforcement of a decree but the award itself is not a decree of the civil court as no decree whatsoever is passed by the civil court. It is the arbitral tribunal, which renders an award and the tribunal doe...
1[ds]15. The aforesaid provision would show that an award is to be enforced in accordance with the provisions of the said code in the same manner as if it were a decree. It is, thus, the enforcement mechanism, which is akin to the enforcement of a decree but the award itself is not a decree of the civil court as no dec...
1
4,825
619
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: said code in the same manner as if it were a decree. It is, thus, the enforcement mechanism, which is akin ...
Chhedi Ram Vs. Jhilmit Ram and Others
successful candidate, the reasonable probability is that the result of the election has been materially affected and one may venture to hold the fact as proved. Under the Indian Evidence Act, a fact is said to be proved when after considering the matters before it, the Court either believes it to exist or considers its...
1[ds]We do not think that this case lays down any different principle than what we have already said. On the other hand, the sentence underlined by us indicates that where the difference between the number of votes secured by the successful candidate and the number of votes secured by the highest candidate is marginal,...
1
1,957
371
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: successful candidate, the reasonable probability is that the result of the election has been materially affected and one ma...
M. Natarajan Vs. State
25. In the above case, the question was whether the immunity granted under the KVSS 1998 could also cover proceedings under the Kerala Sales Tax Act in respect of the same assessee. The learned Judges again referred in paragraph 15 to Sushila Ranis case as also to Hiralals case and more particularly to the observations...
0[ds]The argument is only to be rejected. It is not at this stage that we would consider the nature of offences under Section 132 of the Customs Act and/or those under the Indian Penal Code, under which the appellant is being charged. However, merely because there may be some overlapping in the two offences, it does no...
0
8,471
2,044
### 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: 25. In the above case, the question was whether the immunity granted under the KVSS 1998 could also cover proceed...
Registrar Karnataka University & Anr Vs. Dr. Prabhugouda & Anr
14. Clause 13 of the statute deals with the Stages of Promotion under CAS of Incumbent and Newly Appointed Assistant Professors, Associate Professors, Professors. Clauses 13.7 and 13.8 of the statute, read as under: 13.7 Assistant Professors completing three years of teaching in third grade (stage 3) shall be eligible,...
1[ds]A comprehensive reading of the statute makes it very clear that for the purpose of granting CAS promotion, the incumbent teacher must have holding a substantive sanctioned post, as much as CAS promotion being a personal promotion to the incumbent teacher and on superannuation of the individual incumbent, the said ...
1
3,009
882
### 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: 14. Clause 13 of the statute deals with the Stages of Promotion under CAS of Incumbent and Newly Appointed Assistant Profes...
Sri Vijaylakshmi Rice Mills, New Contractors Company Etc Vs. State of Andhra Pradesh
submission, counsel has contended that as the prices fixed by the Government are me ant for the entire season, the appellants have to be paid at the controlled price as fixed vide the Rice (Andhra Pradesh) Price Control (Third Amendment) order, 1964, regardless of the dates an which the supplies were made. We cannot ac...
0[ds]We cannot accede to this contention. It is no doubt true that the literal meaning of the word "substitute" is "to replace but the question before us is from which date the substitution or replacement of the new Schedule took effect. There is no deeming clause or some such provision in the Rice (Andhra Pradesh) Pri...
0
2,288
229
### 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: submission, counsel has contended that as the prices fixed by the Government are me ant for the entire season, the...