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M/s Bharat Coking Coal Ltd Vs. M/s C.K. Ahuja & Another
is required to be filed before this Court. Consequently, the objection if any to the award is also required to be filed before this Court. He has also submitted that at no point of time, any objection was raised by M/s Bharat Coking Coal Ltd. about the alleged impropriety in filing the award before this Court even thou...
1[ds]6. In our view, the contention raised by Mr. Bhandare in wholly justified. The Registry of this Court gave notice to the learned counsel for the parties about the filing of the award in April, 1994. It is nobodys case that counsel had an authority to take such notice on behalf of either of the party. It was also o...
1
1,858
547
### 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: is required to be filed before this Court. Consequently, the objection if any to the award is also required to be filed befo...
Bajaj Auto Ltd. Vs. Director General (I and R) and Ors.
application of Section 33(1)(b) are lacking inasmuch as the said letter dated 11.5.1994 neither obliges nor compels the dealer to purchase all the goods as a condition of purchase of other goods nor does it oblige the dealer as a condition of purchaser of any of them to purchase any other goods. The said letter only se...
1[ds]28. In the instant case, neither the notice nor the application even allege that the appellant has ever indulged in or that the alleged trade practice has or may have the effect of preventing, distorting or restricting competition in any manner and in particular it, inter-alia, tends to obstruct the flow of capita...
1
3,315
174
### 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: application of Section 33(1)(b) are lacking inasmuch as the said letter dated 11.5.1994 neither obliges nor ...
Bishan Paul Vs. Mothu Ram
In this case the tenant was told to attorn from October 3, 1956 because nothing remained to be done except the ministerial acts of issuing the certificate and getting it registered. Therefore, so far as title was concerned, it must be deemed to have passed and the certificate must relate back to the date when the sale ...
0[ds]5. It may be stated at once that there is no proof on record that the standard rent was tendered by money order by the appellant. The only money order receipts are Exs. R. 27 and R. 28 but they show tender of rent respectively for two months from January 24, 1957 and for four months from April to July, 1959. These...
0
5,523
1,243
### 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: In this case the tenant was told to attorn from October 3, 1956 because nothing remained to be done except the ministerial...
M/s. Raghunandan Prasad Mohanlal Vs. State of Uttar Pradesh & Others
imposing single point tax on Atta, Maida and Sooji with effect from October 1, 1956. That notification was purported to have been issued under sec. 3-A of the U.P. Sales Act, 1948. On January 5, 1957 the Central Act No. 52 of 1952 was replaced by Central Sales Tax Act. U.P. Act 19 of 1956 referred to earlier was declea...
0[ds]8. One cannot understand how a notification can be revived subject to its supersession by some other notification. Obviously reference to supersession of the Notification No.dated March 31, 1956 is wholly inconsistent with the language of Section 3(1) of the U.P. Act 15 of 1958. It appears to be an error that has ...
0
1,788
406
### 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: imposing single point tax on Atta, Maida and Sooji with effect from October 1, 1956. That notification was pu...
The Cotton Agents Ltd., Bombay Vs. Commissioner Of Income-Tax,Bombay
by side, the conclusion at which we have arrived is that in their true scope and effect Cl. (3) determines the time of accrual of the managing agency remuneration and Cl. (2) determines the rate at which the remuneration is to be calculated; and as to the time of payment, that is determined by the second part of Cl. (3...
0[ds]We are not considering in this case the validity or otherwise of what are known as protective or precautionary assessments, and nothing said in this judgment has any bearing on that question6. We do not think that this reading of the two clauses is correct. In our view,) is the accrual clause; it shows that the co...
0
3,168
804
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: by side, the conclusion at which we have arrived is that in their true scope and effect Cl. (3) determines the ti...
COMMISSIONER OF CENTRAL EXCISE, MUMBAI Vs. UNIVERSAL LUGGAGE MANUFACTURING CO. LTD
Arun Kumar, J. 1. The Commissioner of Central Excise, Mumbai II, the appellant in these appeals, aggrieved against the orders of the Customs, Excise and Gold (Control) Appellate Tribunal, Mumbai (for short the Tribunal) upholding the orders passed by the authorities below, has filed the present appeals. The assessee, n...
0[ds]6. Counsel for the parties have been heard.7. It is not disputed that the sales made to the persons other than the related person, were of significant quantity viz. for the period from 1-6-1987 to March 1988 the sales to persons other than the related person were to the tune of nearly 36% and for the period from J...
0
1,018
174
### 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: Arun Kumar, J. 1. The Commissioner of Central Excise, Mumbai II, the appellant in these appeals, ...
Commissioner of Income Tax, Bombay Vs. Onkarmal Meghraj
other eight persons are concerned, they did not have anything further to do after the Income-tax Officer in spite of their filing returns as individuals made an order of No Assessment. They were not before the Appellate Assistant Commissioner or the Tribunal, They were not assessees nor were they intimately connected w...
1[ds]8. It appears to us that the conclusion reached by the High Court in respect of the question whether cl. (a) or cl. (b) of Section 34 (1) applies is correct. Neither the proposal submitted by the Income-tax Officer to the Commissioner for taking action under Sec. 34 nor the sanction of the Commissioner, nor the no...
1
3,787
946
### 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: other eight persons are concerned, they did not have anything further to do after the Income-tax Officer in spite ...
M/s. Hooghly Jute Mills Vs. Their Employees
as a Turbine Fitter. He continued in the said employ as a Turbine Fitter until July 1951 when the appellant mills were electrified. On such electrification some employees were discharged by the appellant as redundant. Nanilal Mukherjee would also have been similarly discharged, but he was retained in its employ by the ...
1[ds]Nanilal Mukherjee admitted that he was discharged with effect fromand that he was served with a notice to the effect that his services were no. longer required from that date. He also admitted that he was discharged on the ground that he was no. more required as a Turbine Fitter. No. case of a dismissal by way of ...
1
1,158
413
### 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: as a Turbine Fitter. He continued in the said employ as a Turbine Fitter until July 1951 when the appellant mills were elec...
KAIKHOSROU(CHICK) KAVASJI FRAMJI AND ANR Vs. UNION OF INDIA AND ANR
be, by filing civil suit in the Civil Court. The respondents cannot now be permitted to go back from their statement and take recourse to a remedy of summary procedure under the PP Act, which is otherwise not available to them. 69. Fourth, this Court while granting special leave to appeal on 03.08.2009 had also granted...
1[ds]44. Having heard the learned counsel for the parties and on perusal of the record of the case including the written submissions, we find force in the submissions urged by the learned counsel for the appellants (writ petitioners)47. Though, in Express Newspaper case (supra) several other issues relating to Fundamen...
1
7,927
2,035
### 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: be, by filing civil suit in the Civil Court. The respondents cannot now be permitted to go back from their stateme...
Commissioner of Wealth Tax (Central) Calcutta Vs. Moon Mills Limited
HEGDE, J.1. In this appeal by special leave, the only question that we have to consider is whether on the facts and the circumstances of the case the Tribunal was right in holding that the income-tax liabilities amounting to Rs. 1, 994, 270 was not allowable as a deduction in the computation of net wealth of the assess...
1[ds]In view of thisthe assessee was not entitled to claim the deduction in question. The High Court clearly erred in overlooking this clause though the same had been pointedly referred to in the statement of the case
1
733
42
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: HEGDE, J.1. In this appeal by special leave, the only question that we have to consider is whether on the f...
National Insurance Co.Ltd Vs. Harjeet Rice Mills
have exceeded its jurisdiction. Thus, the appellant was directed to pay a sum of Rs. 8,96,500/- with interest thereon at the rate of 18% per annum from 2.1.1992, till the date of payment. The appellant filed an appeal before the High Court of Jammu & Kashmir. The High Court declined to interfere, essentially stating th...
1[ds]4. We do not think it necessary to go into this question on merits in view of the course we propose to adopt and in view of the amendment to the Act enhancing the pecuniary jurisdiction of the State Commission and the present claim being within that enhanced jurisdiction.We are of the view that the State Commissio...
1
1,493
425
### 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: have exceeded its jurisdiction. Thus, the appellant was directed to pay a sum of Rs. 8,96,500/- with inter...
N.M. Siddique Vs. Union of India
15 of 1965 in the High Court of Allahabad which on April 20, 1967 was remanded by the High Court to the trial Court for recording its findings on Issues Nos. 11 and 12. By an order dated August 29, 1967, the trial Court found in favour of the appellant on both the issues. It held on the assumption that the appellants c...
0[ds]9. Having given a close consideration to these submissions, we see no ground for interfering with the judgment of the High Court. In the first place, the mere circumstance that the appellant was put on a panel for promotion does not mean that he would have been automatically promoted to the higher post. Being empa...
0
1,865
567
### 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: 15 of 1965 in the High Court of Allahabad which on April 20, 1967 was remanded by the High Court to the trial Cour...
CDC Financial Services (Mauritius) Ltd., Vs. BPL Communications Ltd & Others
cellular licence in favour of Respondent 1. The Division Bench passed an order on 4-7-2002 directing the parties to maintain "status quo as it exists today for five weeks".8. This order was communicated to the arbitrator by one of the five shareholders. In addition, the said five shareholders also expressed their view ...
1[ds]14. Whatever may be the merits of the writ application, we are of the view and it has been fairly conceded by the learned Senior Counsel appearing on behalf of Respondent 1 that the High Court should have had regard to S.5 of the 1996 Act before granting the reliefs it did. Under S.5 of the 1996 Act, courts are re...
1
2,018
223
### 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: cellular licence in favour of Respondent 1. The Division Bench passed an order on 4-7-2002 directing the parties to maintain...
Gurdit Singh And Others Vs. State Of Punjab And Others
1963, as he gave no opportunity to appellants 2 and 3 of being heard. The fact that the first appellant was heard before that order was passed is of no moment because the persons who were vitally concerned in re-opening the case were appellants 2 and 3. Admittedly, no notice of the proceedings to re-open the case was g...
1[ds]6. We are not satisfied that this is a correct approach to the question. The Collector purported to act under Section 15 of the Land Revenue Code, which, obviously has no application. The High Court did not rest its decision on S.15 of the Punjab Land Revenue Code for holding that Collector had jurisdiction to pas...
1
2,512
1,074
### 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: 1963, as he gave no opportunity to appellants 2 and 3 of being heard. The fact that the first appellant...
M/S Boc India Ltd Vs. State Of Jharkhand
ingredients of the last mentioned class qualify themselves as and are eligible to be called "Raw-Material" for the end- product. One of the valid tests, in our opinion, could be that the ingredient should be so essential for the chemical processes culminating in the emergence of the desired end-product, that having reg...
1[ds]16. BOC admittedly is the manufacturer of oxygen gas. It is a dealer within the meaning of the provisions of the Act being a supplier of its product. It, thus, comes within the purview of `dealer as contained in Section 2(e) of the Act as it carries on the business of buying, selling, supplying or distributing goo...
1
5,704
909
### 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: ingredients of the last mentioned class qualify themselves as and are eligible to be called "Raw-Materi...
Gujarat Pollution Control Board Vs. M/s Nicosulf Industries & Export Pvt. Ltd. & Others
of the Constitution. It is, therefore, submitted that it was never challenged by the respondents 1 and 2. They cannot be permitted to urge that the Act was not passed pursuant to Article 250 of the Constitution. The passing of the resolution by the State Legislature of two or more States is a condition precedent for in...
0[ds]There is no substantial difference in the language of the amended Section 49. The High Court proceeded on the basis that the complaint was illegal since the complaint filed was not duly authorized. Though the High Court proceeded on the basis of amended Section 49, the amended as well as un-amended provisions requ...
0
2,144
383
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of the Constitution. It is, therefore, submitted that it was never challenged by the respondents 1 and 2. The...
N T P C Ltd Vs. K Pothu Raju
the first respondent or that they do not fit in the minimum medical standards of minimum service period, it is not possible, therefore, to specify, in the same terms as the Supreme Court has done, in the instant case, but to observe generally that a person who has crossed the age limit or a person who is below the age ...
0[ds]consider it to be too late in the day for the appellant, which had an obligation under the Factories Act, 1948 to run the canteen to contend to the contrary. So far as the case on hand is concerned, the Division Bench has chosen to leave liberty to the appellant to consider the claims of the workers as to whether ...
0
1,959
110
### 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 first respondent or that they do not fit in the minimum medical standards of minimum service period, it ...
Nohiria Ram Vs. Union of India
on a permanent post; Fundamental Rule 113 says that a Government servant transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer and may be given such substantive or officiating promotion in those cadres as the ...
0[ds]7. It is quite clear from the aforesaid orders that the post to which the appellant was appointed permanently in 1930,was a post outside the cadre of the regular establishment of the Director General, Indian Medical Service. Indeed, on April 2, 1935, the Home Department (as it was then called) ruled on a reference...
0
5,216
924
### 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: on a permanent post; Fundamental Rule 113 says that a Government servant transferred to foreign service shall remain in th...
Principal Commissioner of Income Tax-III, Bangalore and another Vs. M/s Wipro Limited
under section 139(5) can only substitute its original return under Section 139(1) and cannot transform it into a return under Section 139(3), in order to avail the benefit of carrying forward or set-off of any loss under Section 80 of the IT Act. The assessee can file a revised return in a case where there is an omissi...
1[ds]On a plain reading of Section 10B (8) of the IT Act as it is, i.e., where the assessee, before the due date for furnishing the return of income under sub-section (1) of section 139, furnishes to the Assessing Officer a declaration in writing that the provisions of Section 10B may not be made applicable to him, the...
1
6,425
1,487
### 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: under section 139(5) can only substitute its original return under Section 139(1) and cannot transform it into a ...
Bharat Sanchar Nigam Ltd. and Anr Vs. S.K. Bhatnagar and Ors
Vikramajit Sen, J. 1. Leave granted. 2. This Appeal assails the Order passed on 22.11.2010 by the Division Bench of the High Court of Judicature at Allahabad in Writ Petition No.1580 (S/B) of 2010. Regretfully, it is a laconic order in respect of an extremely cryptic decision of the Central Administrative Tribunal (CAT...
1[ds]We find that there is no alternative but to remand the matter back to the High Court of Judicature at Allahabad for a complete and detailed consideration of the matter. It must consider all the evidence collected by both the adversaries and come to a definite answer without resorting to fastening a ‘presumption in...
1
803
97
### 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: Vikramajit Sen, J. 1. Leave granted. 2. This Appeal assails the Order passed on 22.11.2010 by the Division Bench of the Hi...
Shyam Sunder & Others Vs. The State of Rajasthan
in degree between practical certainty and reasonable probability. Where the coincidence of cause and effect is not a matter of actual observation there is necessarily a hiatus in the direct evidence, but this may be legitimately bridged by an inference from the facts actually observed and proved".In other words, an inf...
1[ds]The maxim is only a convenient label to apply to a set of circumstances in which the plaintiff proves a case so as to call for a rebuttal from the defendant, without having to allege and prove any specific act or omission on the part of the defendant. The principal function of the maxim is to prevent injustice whi...
1
2,757
1,445
### 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 degree between practical certainty and reasonable probability. Where the coincidence of cause and effec...
RAJINDER KUMAR BANSAL & ORS Vs. MUNICIPAL COMMITTEE & ORS
entitled to possession even though the purpose may not be on that falls under Section 10(3)(a)(i)(ii) and (iii). Sub-section 10(3)(c) would also support the construction which I am putting on it, as the landlord who is occupying only a part of the building may apply to the Controller for an order directing a tenant occ...
1[ds]12. We find that the High Court has distinguished the Full Bench judgment in Model Town Welfare Council not for good reasons. The rented land as defined in Section 2(f) of the Punjab Act is pari materia with definition of rented land in the Act. It has been held that the expression business appearing in Section 2(...
1
4,275
851
### 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: entitled to possession even though the purpose may not be on that falls under Section 10(3)(a)(i)...
Ram Prakash Vs. Mohammad Ali Khan (Dead) Through L.R'S
Dwivedi, J.1. In this appeal the bone of contention is a certain zamindari grove. The grove belonged to a number of co-sharers. But in a partition it fell to the share of one Sakhawat Ali and one Hafiz Ali. On 16-2-1946 Hafiz Ali executed a composite document of lease and sale in favour of the appellant, Ram Prakash. H...
0[ds]2. We agree with the learned Judge that after the commencement of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act), the appellant has no subsisting interest in the grove land.As the grove in dispute was an intermediarys grove, Mohammad Ali and others, who were intermediaries ...
0
975
328
### 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: Dwivedi, J.1. In this appeal the bone of contention is a certain zamindari grove. The grove belonged to a number o...
HARDIAL SINGH Vs. BALBIR KAUR & ANR
counsel appearing for the plaintiffs. At the time when notice was issued in this case on 06.03.2017, we notice that what was projected before this Court was that substantial questions of law were not framed and without that the second appeal has been allowed by the High Court. It was on this premise that this Court iss...
1[ds]This Court in Pankajakshi (Dead) Through Legal Representatives and Others (supra) which is, in fact, a Constitution Bench judgment has found that as far as Punjab and Haryana High Court is concerned, in a second appeal, the law which would be applicable would be Section 41 of Punjab Courts Act, 1918. Therein, this...
1
1,693
705
### 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: counsel appearing for the plaintiffs. At the time when notice was issued in this case on 06.03.2017, we notice tha...
V. Subramaniam Vs. Rajesh Raghuvandra Rao
object (Chintamanrao and another vs. The State of Madhya Pradesh (supra). The mode of approach to ascertain the reasonableness of restriction has been succinctly stated by Patanjali Ssastri, C.J. in State of Madras vs. V.G. Row AIR 1952 SC 196 :"It is important in this context to bear in mind that the test of reasonabl...
1[ds]16. In our opinion2A of Section 69 inserted by the Maharashtra Amendment violates Articles 14, 19(1)(g) and 300A of the Constitution of India.17. It has already been mentioned above that a partnership firm, whether registered or unregistered, is not a distinct legal entity, and hence the property of the firm reall...
1
3,317
1,049
### 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: object (Chintamanrao and another vs. The State of Madhya Pradesh (supra). The mode of approach to ascertain the reasonablene...
State Of Gujarat & Ors Vs. Ambalal Haiderbhai Etc
-(i) in any case where the land proposed to be acquired is agricultural land, consult the Senior Agricultural Officer of the district whether or not such land is good agricultural land;(ii) determine, having regard to the provisions o f sections 23 and 24 of the Act, the approximate amount of compensation likely to be ...
0[ds]A conjoint reading of sub-rules (1) and (2) leaves no room for doubt that the enquiry by the Collector, which is meant inter alia to find out whether all reasonable efforts have been made by the Company to get the land by negotiation on payment of reasonable price and such efforts have not fructified and to determ...
0
1,997
625
### 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: -(i) in any case where the land proposed to be acquired is agricultural land, consult the Senior Agricu...
The Controller Of Estate Duty, Mysore,Bangalore Vs. Haji Abdul Sattar Sait & Ors
above is that the Cutchi Memons who proceeded either from Cutch or from Bombay to Madras and who, it appears, settled down amongst Hindus, Hindu surroundings and traditions there, regulated their affairs as regards their property, succession and inhentance according to the Hindu law which they had retained while in Cut...
0[ds]6. It is a rule of Mahomedan law, the correctness of which is not capable of any doubt, that it applies not only to persons who are Mahomedans by birth but by religion also. Accordingly, a person converting to Mahomedanism changes not only his religion but also his personal law. (Mitar Sen Singh v. Maqbul Hasan Kh...
0
7,529
2,540
### 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: above is that the Cutchi Memons who proceeded either from Cutch or from Bombay to Madras and who, it appears, set...
Commissioner of Income Tax, Karnataka Vs. Sterling Foods
a means to earn any other profit. Reference was also made to the meaning of word "source", and it was held that the import entitlements that the assessee had earned were awarded by the Central Government under the Scheme to encourage exports. The source referable to the profits and gains arising out of the sale proceed...
1[ds]7. It appears to us that the later Division Bench did not fully appreciate what had been held by the earlier Division Bench and to what had been so held the provision of Section 28 as amended made no difference. Therefore, in our view, the judgment under appeal would have to be set aside in as much as it did not f...
1
2,031
299
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: a means to earn any other profit. Reference was also made to the meaning of word "source", and it was held...
M/S. Waterfall Estates Ltd.Madras Vs. The Commissioner Of Income-Tax, Tamil Nadu I, Madras
Officer to work out the details. Thereupon the assessee applied for and obtained the reference under Section 256(1)3. The issue arising from Questions 1 and 2 in short depends upon the answer to the question - whether the various activities being carried on by the appellant-assessee constitute one single integrated act...
0[ds]In the present case, there are a number of other factorsapart from what are pointed out as irrelevant (assuming for the sake of argument that they are irrelevant)to support the finding of the Tribunal7. Mr Ramachandran also relied upon the decision in CIT v. Indian Bank Ltd. The appellant therein was a banking com...
0
1,877
262
### 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: Officer to work out the details. Thereupon the assessee applied for and obtained the reference under Se...
M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED Vs. STATE BANK OF INDIA & ORS
legal obligation to handover the title deeds or original documents being Exhibits A110 to A114 to the appellant for completion of the formalities of sale. 15. Thus understood, the High Court should have been loath in entertaining the writ petition filed by the guarantor, raising the same plea ad nauseam. The reason wei...
1[ds]10. Considering the fact that the guarantor had filed writ petition before the High Court assailing the order passed by the DRAT, dated 29.3.2019, allowing the application filed by the Bank for return of original documents, we must first address the argument of the appellant (auction purchaser) that the guarantor ...
1
8,489
1,991
### 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: legal obligation to handover the title deeds or original documents being Exhibits A110 to A114 to the...
State of Mysore Vs. T. Digambar Rao
to 85 per cent (excluding 15 per cent solatium) and directing that the ex gratia payment be deferred in respect of buildings until the colonisation scheme was finalised.6. The Special Deputy Collector, No. 2 Tungabhadra Project (hereinafter referred to as the Land Acquisition Officer) made an award on November 30, 1950...
0[ds]14. The High Court was of the view that when the court, on reference, enhanced the compensation, the ex gratia, payment has to be made on the basis of the enhanced compensation and not on the basis of the amount of compensation fixed by the Land Acquisition Officer in his award and that no other reading of the ord...
0
1,633
271
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to 85 per cent (excluding 15 per cent solatium) and directing that the ex gratia payment be defer...
State of Rajasthan and Others Etc Vs. Union of India and others
does not appertain to legal rights of the States concerned to satisfy the requirement of Article 131 of the Constitution. These suits are, therefore, not maintainable in law and on this ground they are liable to be dismissed. 79. With regard to the Writ Petitions I had the opportunity to go through the judgments of my ...
0[ds]first ground of objection on behalf of the Union is confined to the suits. But, the remaining three grounds of objection are common to the suits as well as the Writ PetitionsHence it cannot be said that a mere attempt to get more political power for a party, as a means of pursuing the programme of that party, as, ...
0
46,134
16,716
### 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: does not appertain to legal rights of the States concerned to satisfy the requirement of Article 131 of the Constitution. T...
Nagaland Public Service Commission Vs. State Of Nagaland & Ors
Kurian Joseph, J.1. Leave granted.2. The short dispute that arises for consideration in these two appeals is on the essential qualification for the post of Lecturer, Chemistry in the Higher Education Department in the State of Nagaland.3. The prescribed qualification is M.Sc. in the subject concerned. The appellant, in...
0[ds]4. We find it difficult to accept the submission. It may be seen from the advertisement itself for Item No. 10, that for the post of Lecturer in Chemistry, what is prescribed is only M.Sc. without any further description. It is a post in the Department of Information Technology and Technical Education. But for the...
0
231
204
### 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: Kurian Joseph, J.1. Leave granted.2. The short dispute that arises for consideration in these two appea...
Raghu Nath Vs. Competent Officer, Delhi & Ors
cancelling or varying the terms of the lease or before evicting any leases the Custodian must serve a show cause notice on such lessee and afford him a reasonable opportunity of being heard. If the custodian is satisfied on hearing the concerned lessee that he is not liable to eviction under a rent control Act in force...
1[ds]10. The result which emerges from the discussion of the relevant provisions of the two Acts and the rules thereunder made is (1) that though the Competent Officer must accept the mortgage amount when tendered by a mortgagor and the mortgage debt thereupon would be satisfied, he cannot exercise the power to redeem ...
1
5,126
922
### 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: cancelling or varying the terms of the lease or before evicting any leases the Custodian must serve a show cause n...
The State of Kerala & Ors Vs. M/s Joseph & Company
license to another person (limited to two rods) to fish in the river during the residue of the term. The consideration therein would not be relevant in the instant case. In the case, Cook vs. Shoesmith (1951) 1 KB-752, it was the case where the dwelling house was let to the tenant wherein, he agreed that he will not su...
1[ds]11. Having noted the contention, we find that the said the lease deed dated 15.12.1979 would no doubt disclose that Mr. K.K. Joseph in his individual name is referred to as the lessee of the other part. The recital in the lease deed however depicts that the earlier transaction in favour of Mr. P.I. Joseph and the ...
1
7,282
3,566
### 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: license to another person (limited to two rods) to fish in the river during the residue of the term. The con...
Madhavrao Narayanrao Patwardhan Vs. Ramkrishna Govind Bhanu & Others
Both the courts below have viewed the controversy under S. 14 of the Limitation Act, as if it was for the defendant to showmala fideson the part of the plaintiff when he instituted the previous suit and was carrying on the proceedings in that court. In our opinion, both the courts below have misdirected themselves on t...
1[ds]6. In our opinion, the appellants, contentions based on the provisions of S. 14 of the Limitation Act, are, and the decision of the courts below, granting thet the benefit of that section, must be reversed for the following reasons: Before the promulgation, on 1st January 1926, of the Proclamation by StateKarabhar...
1
3,161
778
### 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: Both the courts below have viewed the controversy under S. 14 of the Limitation Act, as if it was for the defendant to sho...
State Of Gujarat Vs. Sayed Mohd. Baquir El Edross
KOSHAL, J. 1. The sole respondent in this appeal died on the 10th December, 1978. He was also arraigned as an appellant in the connected appeal (Civil Appeal No. 2132 of 1977) in which an application was made on the 20th February 1979 stating the factum and the date of the demise. A copy of that application was deliver...
0[ds]It is common ground between the parties that on the death of the sole respondent to the appeal the right to sue survived to his legal representatives. No application having been made within 90 days of the death, the appeal abated on the 11th March. 1979 and an application for having the abatement set aside could h...
0
557
378
### 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: KOSHAL, J. 1. The sole respondent in this appeal died on the 10th December, 1978. He was also arraigned as a...
Bishwanath And Anr Vs. Shri Thakur Radhaballabhji & Ors
can maintain a suit for eviction, did not arise for consideration in that case. That question falls to be decided on different considerations. 9. Three legal concepts are well settled : (1) An idol of a Hindu temple is a juridical person; (2) when there is a Shebait, ordinarily no person other than the Shebait can repr...
0[ds]On the questions of fact, namely, whetherthe impugned transaction was binding on the idol and was supported by consideration,we do not think we would be justified to permit the appellant to question their correctness, because the said findings are concurrent and are based upon appreciation of the relevant evidence...
0
2,883
1,780
### 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: can maintain a suit for eviction, did not arise for consideration in that case. That question falls to be ...
New India Insurance Company Vs. Bhagwati Devi and Others
1. In this appeal, the correctness of the decision of a two-member Bench a of this Court reported in New India Assurance Co. Ltd. v. Ram Dayal requires to be tested 2. The facts giving rise to the appeal are minimal. The appellant-insurance company sold a policy at about 4 p.m. on 17-2-1989. Undeniably, it had been bou...
1[ds]However, in case there is mention of a specific time for its purchase then a special contract to the contrary comes into being and the policy would be effective from the mentioned time. The law on this aspect has been put to rest by this Court. There is, thus, nothing further for us to deliberate upon
1
372
65
### 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: 1. In this appeal, the correctness of the decision of a two-member Bench a of this Court reported in New India Assurance ...
Epari Chinna Krishna Moorthy & Another Vs. State of Orissa & Others
confine the benefit of the said exemption only to persons who actually produce gold ornaments or employ artisans for that purpose. We do not see how any question of legislative incompetence can come in the present discussion. And, if the State Government was given the power either to grant or withdraw the exemption, th...
0[ds]It is obvious that if the State Government which is the delegate of the legislature can withdraw the exemption granted by it, the legislature cannot be denied such right. But it is urged that once exemption was validly granted; the legislature cannot withdraw it retrospectively, because that would be invalidating ...
0
2,463
570
### 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: confine the benefit of the said exemption only to persons who actually produce gold ornaments or employ artisans f...
JASWANT SINGH Vs. JASPAL SINGH
MOHAN M. SHANTANAGOUDAR, J.1. The judgment dated 27.10.2009 passed by the High Court of Punjab and Haryana at Chandigarh in RSA No. 3609 of 1998 (O&M) is called into question in this appeal by the unsuccessful defendants.2. The brief facts leading to this appeal are that Jaspal Singh, Plaintiff No.1 in the present suit...
0[ds]5. All the three Courts, on facts, have rightly concluded that the judgment and decree passed in Civil Suit No. 18 of 1983 was illegal, and hence not binding on the plaintiffs. A collusive decree was obtained by the plaintiffs in Civil Suit No. 18 of 1983 (Defendant Nos. 1 to 3 in the present suit) by agreeing to ...
0
850
389
### 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: MOHAN M. SHANTANAGOUDAR, J.1. The judgment dated 27.10.2009 passed by the High Court of Punjab and Haryana at Chandigarh ...
Corn Products Company India Limited Vs. Union of India
exclude condiments and spices such as yeast, salt, pepper, baking powder and turmeric, but in a wider sense, it includes everything that goes into the preparation of food proper to make it more palatable and digestible. The Supreme Court the referred to the meaning of the expression in Websters International Dictionary...
1[ds]( 4 ) BAKING powder is a product formulated from various edible ingredients such as edible maize, starch special, soda bicarb and sodium aluminium sulphate. The finished product is marketed by the company in their brand name rex in different packings. Baking powder is extensively used in bakery preparations like b...
1
2,081
726
### 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: exclude condiments and spices such as yeast, salt, pepper, baking powder and turmeric, but in a wider sense, ...
Salim Vs. State Of West Bengal
February were closed days and he was during the particular period "extremely busy" due to "heavy rush of work." This explanation was accepted by the Court as satisfactory. In coming to the conclusion that there was no violation of the requirement that the report should be made forthwith, the Constitution Bench relied o...
0[ds]It is an established rule of construction that unless the language of the statute is ambiguous, the words used by the legislature ought to be given their plain, literal meaning. But it is equally important that by no rule of construction may the words of a statute be so interpreted as to bring about absurd situati...
0
2,985
663
### 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: February were closed days and he was during the particular period "extremely busy" due to "heavy rush o...
Wilfred D'Souza Vs. Francis Menino Jesus Ferrao
the time of counting of votes after the poll, can be taken into account in proceedings to challenge the validity of the election of the returned candidate provided certain conditions are fulfilled. We agree with the learned counsel for the parties in this respect, and find that this position of law is supported by two ...
1[ds]The fact that the name mentioned in the electoral roll is Rodrigues Joaquina Domingos and not Joaquina Rodrigues is not very material because the name of the father of the witness is Domingos. So far as Vina Fernandes (PW 2) is concerned, Form No. 15 does not mention her name but only gives the serial number of th...
1
3,385
1,125
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the time of counting of votes after the poll, can be taken into account in proceedings to challenge the valid...
Rajesh Kohli Vs. High Court Of J.&K.
to a stigma, the order must be in a language which imputes something over and above mere unsuitability for the job." 20. In the case of Krishnadevaraya Education Trust v. L.A. Balakrishna reported in (2001) 9 SCC 319 , the services of respondent-Assistant Professor were terminated on the ground that his on the job prof...
0[ds]12. The petitioner was temporarily appointed as District & Sessions Judge on 24.08.2000 and therefore completed his initial period of probation of two years on 23.08.2002. Thereafter his matter was placed on the administrative side before the full court of the High Court in its meeting held on 26.04.2003 for the p...
0
4,506
1,373
### 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: to a stigma, the order must be in a language which imputes something over and above mere unsuitability for the job...
TELANGANA JUDGES ASSOCIATION Vs. UNION OF INDIA
We see no force in this argument because chances of promotion are not conditions of service. It is enough in this connection to refer to the State of Orissa v. Durga Charan Dass (A.I.R. 1966 SC 1547) . 55. To the similar effect is judgment of this Court in Mohammad Shujat Ali and Others Vs. Union of India and Others, i...
0[ds]38. It is true that Section 77 contemplates allotment of State after consideration of option received by an officer but for interpreting Section 77 and Section 80, the existing constitutional scheme that control of Judicial Officer is 33 vested in the High Court can neither be ignored nor given a go by. From the f...
0
13,801
1,979
### 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: We see no force in this argument because chances of promotion are not conditions of service. It is enough in this connecti...
Air India Corporation, Bombay Vs. V. A. Rebellow & Anr
a colourable exercise of the power under Regulation 48, the real object of the appellant being essentially to punish the complainant for misconduct.16. No doubt, the position of the industrial workman is different from that of a Government servant because an industrial employer cannot "hire and fire" his workman on the...
1[ds]11. We should like first to deal with the applicability of Ss.33 and 33A of the Act on the assumption that the complainant was a workman and also as such interested in a pending industrialthe case before us we are concerned only with the ban imposed against orders of discharge or punishment as contemplated by cl. ...
1
6,068
966
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: a colourable exercise of the power under Regulation 48, the real object of the appellant being essentially to pun...
M.P. Davis Vs. Commissioner of Agricultural Income Tax
his agent. The remuneration provided for the appellants brother was out of the profits and none was payable if there was a loss and the High Court was wrong in thinking that the appellants brother was entitled to his remuneration whether there was profit or not. But as stated in section 6 of the Act earlier mentioned, ...
0[ds]3. In the light of the facts stated in the preceding paragraph we proceed to examine the document. It is naturally desccribed as an agreement of partnership, but it does not in our opinion contain any decisive term to show that the relationship created by it was one of partnership. The capital of the firm has been...
0
2,352
1,027
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: his agent. The remuneration provided for the appellants brother was out of the profits and none was payable if th...
LOK PRAHARI THROUGH ITS GENERAL SECRETARY Vs. THE STATE OF UTTAR PRADESH
State of Punjab and another vs. Brijeshwar Singh Chahal and another 15 .33. Paragraph 23 and 35 of Kumari Shrilekha (supra) may be extracted with profit only to notice the absolute clarity in carrying forward the principle laid down by Hon. Bhagwati J., in Royappa (supra). ?23. Thus, in a case like the present, if it i...
1[ds]27. Coming back to the issue in hand a brief look at the contentions advanced may be appropriate at this stage.The State of Uttar Pradesh has sought to defeat the writ petition by contending that the same being under Article 32 of the Constitution of India a direct infringement of the fundamental rights of the pet...
1
7,076
1,134
### 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: State of Punjab and another vs. Brijeshwar Singh Chahal and another 15 .33. Paragraph 23 and 35 of Kuma...
P.K. Narayanan Raja Vs. Ambika and Ors
Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 23.12.2004 passed by the Madras High Court (Madurai Bench) in Second Appeal No. 19 of 1995 whereby the High Court allowed the second appeal and set aside the order of the lower Appellate Court.2. It is not necessary to set out ...
1[ds]7. If that be the position then, in our opinion, the property, which is subject matter of this appeal, should also necessarily be subjected to its adjudication in OS No. 46/1986 along with other properties. In any event, in our view, it would be just and proper that all properties belonging to or claim to belongin...
1
526
201
### 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: Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 23.12.2004 pas...
Mohinder Singh Vs. Delhi Administration
Vaidialingam, J.1. The only question that arises for consideration in this appeal by special leave is whether the award of sentence of death is justified. As special leave has been restricted only to the question of sentence, we will only refer to the facts bearing on the same.2. The appellant and one Gian Singh, P. W....
0[ds]After consideration of the various circumstances, we are satisfied that both the learned Sessions Judge and the High Court have acted properly in awarding the death sentence. That the murder is premeditated and cold blooded, is clear from the evidence of P.W. 12 to whom the appellant had stated one day earlier of ...
0
738
251
### 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: Vaidialingam, J.1. The only question that arises for consideration in this appeal by special leave is whethe...
Silla Chandra Sekharam Vs. Ramchandra Sahu
the expression subsequently to the sale or lease be given the meaning subsequently to the actual sale or lease.16. The sections preceding S. 18 deal with specific performance of contracts in general and therefore use the expression party to a contract. Section 18 deals with the cases of contracts to sell or let and the...
1[ds]14. The expression in cl. (a) of S. 18 should preferably be construed in a way so that there will be no overlapping between the provisions of this clause and of S. 43 of the Transfer of Property Act, as ordinarily the legislature does not intend to make duplicate provisions for similar situations.15. The use of th...
1
3,574
518
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the expression subsequently to the sale or lease be given the meaning subsequently to the actual sale or lea...
S.M. Sharmila Vs. National Insurance Co.Ltd. & Others
owner of a vehicle and her workmen had been injured in an accident while they were travelling in a vehicle owned by the appellant. As the concerned respondent workmen had suffered injuries in an accident arising out of and in the course of their employment on 3rd April, 1998, they had filed cases claiming compensation ...
0[ds]13. Whether the vehicle in question was insured at the time of accident i.e. on 3rd April, 1998 is a question of fact. After appreciating the evidence, the High Court came to the conclusion that the vehicle in question was not insured on 3rd April, 1998 and the vehicle in question had been insured for a period com...
0
1,149
217
### 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: owner of a vehicle and her workmen had been injured in an accident while they were travelling in a vehicle owned b...
Dilip Vs. Rekha
Not only had the wife pleaded the aforesaid facts, but the wife had also pleaded that the husband had misappropriated a sum of Rs.7,500/- that was received by her towards the sale of her TVS Scooty and had mis-utilized a sum of Rs.17,000/- that was required to be utilised for the purchase of her Honda-Activa.The wife h...
1[ds]The wife could have examined one of her daughters who were of marriage age to tender evidence in the Court in respect of at least switching off the lights when they were studying. However, the wife did not examine any witness in support of her case, apart from herself. The Family Court erroneously disbelieved the ...
1
4,649
391
### 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: Not only had the wife pleaded the aforesaid facts, but the wife had also pleaded that the husband had misapp...
Small Scale Industrial Manufactures Association (Regd.) Vs. Union of India and others
moratorium period. 30.2 As per the provisions of the DMA 2005, the responsibilities and functions of the discharge of functions by the NDMA would be confined to Section 6 of the Act. However, on-ground disaster management and relief measures shall have to be undertaken by the Central Ministries and the State Government...
0[ds]14. In catena of decisions and time and again this Court has considered the limited scope of judicial review in economic policy matters. From various decisions of this Court, this Court has consistently observed and held as under:i) The Court will not debate academic matters or concern itself with intricacies of t...
0
30,845
5,228
### 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: moratorium period. 30.2 As per the provisions of the DMA 2005, the responsibilities and functions of the dis...
DINA NATH (D) BY LRS Vs. SUBHASH CHAND SAINI
Rent Controller passed an order dated 21 st April, 2008 directing the appellants to deposit arrears of rent from 1st November, 2007 to April, 2008 and to continue to pay future rent @ Rs. 66/- p.m. by the 15 th of each succeeding month. It is not in dispute that the appellants had complied with the order of deposit of ...
1[ds]16. Broadly speaking, the perusal of Act, 1952 with Act, 1958 shows primarily the followingSection 13(5) of the Act, 1952 was meant to safeguard the interest of the landlord only. Section 15(1) of the Act, 1958 is meant primarily by way of benefit to the tenant who gets another opportunity to avoid his eviction by...
1
4,920
1,754
### 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: Rent Controller passed an order dated 21 st April, 2008 directing the appellants to deposit arrears of rent...
Jaiprakash Associates Ltd Vs. State of Madhya Pradesh and Ors
the similar enactments made by the said States. Some of the High Courts upheld the legislation holding the tax to be compensatory tax whereas some other High Courts found the legislation not to be compensatory in nature and, thus, struck down the provisions thereof. Some High Courts had taken support of certain other r...
1[ds]11. During the hearing of arguments, counsel for both sides submitted that since the main challenge in the writ petitions, which were filed by the writ Petitioners before the High Court, was predicated on the law laid down by the Constitution Bench in Atiabari Tea Co. Ltd. (supra), the High Court essentially confi...
1
1,762
186
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the similar enactments made by the said States. Some of the High Courts upheld the legislation holding the t...
Vinodchandra Sakarlal Kapadia and Ors Vs. State of Gujarat and Ors
consider, inter alia, the competence of the State Legislature to enact certain provisions of the Maharashtra Regional and Town Planning Act, 1966, stated to be in conflict with Section 11A of the Land Acquisition Act, 1894, a Central Legislation. While rejecting the submission, this Court observed: 183. We have already...
0[ds]20. The common thread running through these decisions except that in Mahadeo (2017) 13 SCC 756 is to construe the prohibition against transfer appearing in various statutes in keeping with the legislative intent. As laid down in Amarendra Pratap Singh (2004) 10 SCC 65 , where the object of the legislation is to p...
0
39,626
5,938
### 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: consider, inter alia, the competence of the State Legislature to enact certain provisions of the Maharashtra Regional and T...
President/Secretary, J.K. Synthetics Mazdoor Union and Ors Vs. Arfat Petrochemicals Pvt. Ltd. and Ors
held by the BIFR on 30.06.2008. It complained of no notice being issued for the earlier meeting dated 05.05.2008. The First Respondent informed the BIFR that it is not a sick company and no directions can therefore be issued to it. The BIFR held that the First Respondent was not right in contending that it does not fal...
0[ds]11. It is clear from a plain reading of Section 22 A of the Act that the Board can issue a direction not to dispose of assets only to a sick industrial company. There is no dispute that the First Respondent is not a sick industrial company and that it purchased the assets from a sick industrial company in accordan...
0
2,210
304
### 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: held by the BIFR on 30.06.2008. It complained of no notice being issued for the earlier meeting dated 05.05.2008. The First ...
MRF Ltd., Kottayam Vs. Assistant Commissioner Sales Tax and Ors
than 5 years out of a total period of 7 years, in our opinion, is highly arbitrary, unjust and unreasonable and deserves to be quashed. In any event the State Government has no power to make a retrospective amendment to SRO 1729/93 affecting rights already accrued to MRF thereunder. Section 10 of the Act provides the p...
1[ds]In the aforesaid case, the Employees Provident Fund Act (as amended in 1988) provided that the Act would not apply "to a newly set up establishment for a period of three years from the date on which such establishment is set up." Section 16 (1)(d) was deleted by the Amending Act w.e.f. 22.9.1997 and the question w...
1
9,805
1,249
### 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: than 5 years out of a total period of 7 years, in our opinion, is highly arbitrary, unjust and unreasonable and deserves to ...
VINAY EKNATH LAD Vs. CHIU MAO CHEN
because the interest is a fluctuating one depending on various factors, such as, the losses incurred by the firm, the advances made by the partners as distinguished from the capital brought in the firm, etc., it cannot be said, unless the accounts are settled in the manner indicated by Section 48 of the Partnership Act...
1[ds]8. We accept the plaintiffs? stand that the principle of estoppel bars a tenant from questioning the title landlords. This is incorporated in Section 116 of the Evidence Act. But this principle cannot be made applicable in the present case straightaway as the main defence set up by the tenant is that he had acknow...
1
6,157
1,185
### 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: because the interest is a fluctuating one depending on various factors, such as, the losses incurred by the ...
T.G. Shivacharana Singh & Others Vs. State of Mysore
before the date on which he is required to retire. The note further provides that a government servant who retires or is retired, only in the manner indicated above, shall be granted a retiring pension not exceeding such proportion of average emoluments and subject to such maximum limit as are specified in Chapter XIX....
0[ds]4. It would thus be clear that though the normal age of retirement under R. 95(a) is 55 years, under R. 285 it is competent to the Government to retire compulsorily a government servant prematurely if it is thought that such premature retirement is necessary in the public interest. This power can, however, be exer...
0
1,838
819
### 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: before the date on which he is required to retire. The note further provides that a government servant ...
Union of India Vs. Concrete Products and Const. Co. Etc
sums found payable or which at any time-thereafter may become payable to the Contractor under the same contract or any other contract with the Purchaser or the Government pending finalization or adjudication of any such claim.It is an agreed term of the contract that the sum of money or moneys so withheld or retained u...
1[ds]18. We are of the opinion that the sole arbitrator in awarding interest to the contractors has failed to take into account the provisions contained in the aforesaid two clauses. We find merit in the submission made by learned Additional Solicitor General that award of interest at-least from the date when the amoun...
1
4,087
170
### 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: sums found payable or which at any time-thereafter may become payable to the Contractor under the same contr...
Pushpavathi & Others Vs. Chandraraja Kadamba & Others
and return in the evening. In the midday, however, he did not return to his house and it appears that the testator who was a rich and charitably disposed man and a respected Patil of the village must have requested the teacher to take his lunch at his place and that was how the teacher was visiting the Kolke house at n...
1[ds]4. The Will in question is Exhibit, dated March 10, 1958. The case of the defendant is that it was executed by Shantiraja at about 1.00 p.m. on that day. The Will was written by one P. Venkataramana (D.W. 1) a teacher in the village School at Irvathoor. The two attesting witnesses are Dharampal Kadamba, (D.W. 2) a...
1
3,892
1,642
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: and return in the evening. In the midday, however, he did not return to his house and it appears that the testator...
Ram Singh & Others Vs. Union of India
which was submitted in the year 2012, all the other reports as well as the literature on the subject would be at least a decade old. The necessary data on which the exercise has to be made, as already observed by us, has to be contemporaneous. Outdated statistics cannot provide accurate parameters for measuring backwar...
1[ds]30. Apart from the aforesaid eight reports, fifty one representations in favour of inclusion of Jats in the Central Lists and fifty eight representations against such inclusion received by the NCBC were also forwarded to the ICSSR. On receipt of the report of ICSSR, the summary of which has been indicated above, t...
1
13,345
7,780
### 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: which was submitted in the year 2012, all the other reports as well as the literature on the subject would be at least a ...
E. Mahboob Saheb Vs. N. Subbarayan Chowdhary and Others
Schedule property by the plaintiff, there had been a partition between her and the other heirs of Narayanaswamy in 195 2, as pleaded by the plaintiff, and the plaint C Schedule property had been allotted to the plaintiffs share at that partition. In the light of the aforesaid findings, the appeal filed by the first def...
1[ds]The learned counsel appearing on both sides have taken us through the relevant portions of the evidence having a bearing on the plea of partition, and we are satisfied tha t the finding entered by the Additional District Judge cannot be said to be unreasonable or perverse. No question of law whatever was agitated ...
1
2,451
151
### 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: Schedule property by the plaintiff, there had been a partition between her and the other heirs of Narayanaswamy i...
Waryam Singh & Another Vs. Amarnath & Another
Urban Rent Restriction Act, as applied to Himchal Pradesh, the Controller, if it came to the finding, that rent had not been paid, had no option but to direct the tenant to put the landlord in possession. Undoubtedly, that is the correct legal position, but in the present case the non-payment of rent was due to a misap...
0[ds]The Court of the Judicial Commissioner of Himachal Pradesh exercise jurisdiction in relation to the whole of the territories of Himachal Pradesh. The Rent Controller and the District Judge exercising jurisdiction under the Act are certainly Tribunals, if not Courts, and they function within the territories of Hima...
0
2,000
465
### 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: Urban Rent Restriction Act, as applied to Himchal Pradesh, the Controller, if it came to the finding, that r...
Arun Kumar Agrawal Vs. Union of India & Others
Mr. Bhave was not granted the extension for the reasons which have been given in detail by Mr. Prasaran in his submission, the same need not be reiterated. We are also unable to take the allegations made by Dr. Abraham seriously, as the same seem to be actuated by ulterior motive. It is a direct attack on the integrity...
0[ds]We agree with Mr. Bhushan that SEBI is an institution of high integrity. A bare perusal of the SEBI Act makes it apparent that SEBI was established to protect the interests of investors in securities and to promote the development of, and to regulate the securities market. In fact, the SEBI Act gives wide ranging ...
0
20,532
2,255
### 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: Mr. Bhave was not granted the extension for the reasons which have been given in detail by Mr. Prasaran...
P.B. NAYAK & ORS Vs. MANAGING DIRECTOR, BHILAI STEEL PLANT & ORS
The members and their families are to be provided facilities for their cultural and intellectual advancement. 36. The inquiry conducted by the Appellate Authority was predominantly based on the definition of the word restaurant or eating house (Section 2(23)). The Appellate Authority glossed over the vital clue provide...
0[ds]27. The argument of the Respondents No. 1 and 2 is essentially based on the second respondent-club not being a residential club and, consequently, the Act not being applicable to the establishment. As can be seen, Section 3 exempts certain persons and establishments from the purview of the Act. Section 3 [(a) to S...
0
8,854
2,343
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: The members and their families are to be provided facilities for their cultural and intellectual advanceme...
Smt. M.M. Amonkar and Others Vs. Dr.S.A.Johari
said cabin to the respondent-plaintiff but at that time it could not be within the contemplation of anybody to seek protection against giving premises on licence also, and even so Ext. No. 1 in terms records that respondent-plaintiff was neither a tenant nor a licensee of the suit cabin. Such a double protection was un...
1[ds]Though the aforesaid conclusion of ours would be sufficient to dispose of the appeals, even on merits we feel that the broad features emerging from the evidence on record make it difficult to accept the respondent-plaintiffs case that the user of the suit cabin was permitted to him on leave and licence basis as cl...
1
6,899
2,156
### 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: said cabin to the respondent-plaintiff but at that time it could not be within the contemplation of a...
M/s Neeharika Infrastructure Pvt. Ltd Vs. State of Maharashtra and others
before the higher authority/Forum, contain reasons, however brief, in support of the grant or refusal thereof. It is further observed that in the absence of such reasons, it is virtually impossible for such higher authority/Forum to determine what persuaded the grant or refusal of relief. 21.3 In the case of Hindustan ...
0[ds]7.1 The first case on the point which is required to be noticed is the decision of this Court in the case of R.P. Kapur (supra). While dealing with the inherent powers of the High Court under Section 561-A of the earlier Code (which is pari materia with Section 482 of the Code), it is observed and held that the in...
0
18,399
9,150
### 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: before the higher authority/Forum, contain reasons, however brief, in support of the grant or refusal thereo...
Sree Raghuthilakathirtha Sreepadangalavaru Swamiji Vs. The State Of Mysore And Others
case (1874) 2 Sc and Div 352, appears to have been treated as an authority for the proposition that an order like the one passed by the Magistrates in that case amounted to an evasion of the Parliamentary statute, because it was not in honest and bona fide exercise of the discretion vested in them. (Maxwell on Interpre...
0[ds]The Act has been passed by the Mysore Legislature because it was thought necessary to regulate the law which governs the relations of landlords and tenants of agricultural lands and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtenant thereto belon...
0
4,940
3,274
### 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: case (1874) 2 Sc and Div 352, appears to have been treated as an authority for the proposition that an order like the one ...
Nemi Chand Jain Vs. State Transport Appellate Tribunal, M.P., Gwalior & Others
Nawaz Bus Service. The appellant felt aggrieved because, according to him, the tribunal dismissed his appeal without giving him a hearing. The precise grievance was that when the case was taken up for hearing on January 11, 1974, the parties were present, but the tribunal adjourned the case for final hearing on March 1...
1[ds]We do not think it necessary to examine the correctness of the legal proposition advanced by Mr. Mehta, but even if it were assumed that the appeal could not be dismissed for want of prosecution on March 11, 1974, it was not, for reasons already stated, permissible for the tribunal to allow Shri Trivedi to appear ...
1
1,275
205
### 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: Nawaz Bus Service. The appellant felt aggrieved because, according to him, the tribunal dismissed his appeal without givi...
Anjana Saraiya Vs. The State of U.P. & Ors
on 16.06.2006. Out of payment of Rs.1,39,000/- on 16.06.2006, an amount of Rs.1,04,128/- (for last four instalments) was towards principal amount and Rs.34,872/- was towards interest amount. Thus, as on 16.06.2006 the appellant deposited the entire amount and cleared all the instalments along with the interest. Thereaf...
1[ds]5. Having heard learned counsel for the respective parties and in the facts and circumstances of the case, we are of the opinion that if on payment of a further sum of Rs.2 lakhs towards the compensation for the delayed payment of instalments, the account of the appellant be regularized and the allotment made unde...
1
1,382
320
### 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: on 16.06.2006. Out of payment of Rs.1,39,000/- on 16.06.2006, an amount of Rs.1,04,128/- (for last fo...
State of Andhra Pradesh & Another Vs. K. Jayaraman & Others
as they were promoted on and after 1-11-1956. The real controversy, therefore, was whether petitioners Nos. 1 to 5 were or were not promoted already before 1-11-1956.3. It is clear that, if there had been an averment, on behalf of the petitioners, that the rule was invalid for, violating Articles 14 and 16 of the Const...
1[ds]3. It is clear that, if there had been an averment, on behalf of the petitioners, that the rule was invalid for, violating Articles 14 and 16 of the Constitution, relevant facts showing how it was discriminatory ought to have been set out. After this had been done, the respondents, including the State of Andhra Pr...
1
1,444
862
### 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: as they were promoted on and after 1-11-1956. The real controversy, therefore, was whether petitioners ...
P. Raghava Kurup Vs. V. Ananthakumari
than what has been intended by the rule framing authorities. 11. Learned counsel for the appellants invited our attention to a decision of this Court in Maharaja Pratap Singh Bahadur v. Thakur Manmohan Deo& Ors. ([1966] 3 S.C.R.663). In this case a comparative study of two Acts i.e. The Bengal Ghatwali Lands Act, 1859 ...
0[ds]12. Therefore, the general principle which emerges is that the general law does not abrogate any special law by mere implication. This principle so far as the present case is concerned, is not of much relevance because here the intention of the Rule framing authority was to provide for theg staff an opportunity, i...
0
3,854
621
### 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: than what has been intended by the rule framing authorities. 11. Learned counsel for the appellants invited our attention t...
Deep Chand and Another Vs. State of Uttar Pradesh and Another
disadvantages also. The level of the land was lower than the level of the Bhopa Road; during rainy season water collected on it. There were some pits here and there, which needed filling up. Nonetheless the value fixed by the courts below, in our judgment, is too low and unjust. If these defects would not have been the...
1[ds]In our opinion it was a fit case where the appeal ought to have been substantially allowed and by committing obvious error in appreciation of the legal position and the facts and circumstances of the case the High Court maintained the valuation fixed by the District Judge5. As noticed by the High Court the land ha...
1
2,219
1,131
### 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: disadvantages also. The level of the land was lower than the level of the Bhopa Road; during rainy season ...
P. Lakshmi Reddy Vs. L. Lakshmi Reddy
legis, for the benefit of whoever may be ultimately determined to be entitled thereto". But does this doctrine enable a person who was not previously in possession of the suit properties, to claim that the Receiver must be deemed to have taken possession adversely to the true owner, on this behalf, merely because he ul...
0[ds]5. In the present case there can be no doubt that Hanimi Reddy obtained sole possession of the suit properties after the death of Venkata Reddy on the basis of an action against third parties in which he claimed to be the sole nearest male agnate having title to all the properties. After obtaining possession he wa...
0
4,550
1,140
### 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: legis, for the benefit of whoever may be ultimately determined to be entitled thereto". But does this doctri...
Commissioner Of Income Tax Vs. S. N. A. S. A. Annamalai Chettiar
assessment year 1942-43. This loss was claimed as a business loss. The Income-tax Officer rejected that claim. The Appellate Assistant Commissioner affirmed the order of the Income-tax Officer. The assessee did not succeed before the Tribunal as well. The Tribunal rejected the claim of the assessee on the sole ground t...
0[ds]5. We are fortified in our conclusion by the decision of the Bombay High Court in Pohoomal Bros. v. Commissioner of Income-tax, Bombay City, 34 ITR 64 = (AIR 1958 Bom 461 ). The facts of that case are somewhat similar to the facts before us. The assessee therein, which had its head office in Bombay and branches i...
0
1,332
774
### 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: assessment year 1942-43. This loss was claimed as a business loss. The Income-tax Officer rejected that...
State Of Goa Vs. Subhash Ghogle
DR. Arijit Pasayat, J. 1. Challenge in this appeal is to the judgement of acquittal passed by a Division Bench of Bombay High Court at Goa. 2. The Learned Additional Session Judge, Mapusa had convicted the respondent for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short IPC). 3. The allegat...
0[ds]So far as some of the circumstances are concerned they have no relevance to be question as to whether the respondent was guilty of the charged offence. The prosecution primarily relied on the evidence of PWs 5,9 and 10. So far as the evidence of these witnesses are concerned the only question(s) of any remote subs...
0
782
320
### 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: DR. Arijit Pasayat, J. 1. Challenge in this appeal is to the judgement of acquittal passed by a Division Ben...
Bharat Steel Tubes Limited and Another Vs. State of Haryana and Another
indicated that a further notice has to be given. The question that fell for determination before the Court did not require examination as to whether such a notice was necessary. In view of the position as has emerged in the matter before us, we also do not think it necessary to finally indicate as to whether such a not...
0[ds]Undoubtedly, the assessment proceedings have been very delayed. As the material placed before us shows, the assessee had gone before different courts from time to time to ask for injunction against the completion of assessment but that trial appears be have started in December, 1980 when a suit was filed and injun...
0
3,990
775
### 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: indicated that a further notice has to be given. The question that fell for determination before the Court d...
Bachan Singh & Anr Vs. Union Of India & Ors
whereof 5 were allocated for direct recruits and 6 for departmental promotees. In 1964 there were 9 permanent posts whereof 8 were allocated for direct recruits and one for departmental promotee. In 1965 there were 15 permanent posts whereof 13 were allocated for direct recruits and two for departmental promotees. In 1...
0[ds]In this background the recruitment against temporary posts between the years 1951 and 1971 was indicated by a chart prepared by the Government and accepted to be correct. The recruitment against temporary posts indicated the following features: Between 1951 and 1956 the total recruitment against temporary posts wa...
0
3,099
734
### 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: whereof 5 were allocated for direct recruits and 6 for departmental promotees. In 1964 there were 9 permanent posts whereof ...
State Of Tamil Nadu Vs. Dharangadhara Trading Co. Ltd
Company as well as the Trading Company filed appeals before the Appellate Assistant Commissioner contending that both the said sales were inter-State sales. It was contended by the assessee that the sales by the Trading Company to the out of State purchasers were admittedly inter-State sales and as far as sales by the ...
0[ds]5. The only submission advanced by Mr Mahajan, learned counsel for the appellant, was that there were two sets of sales, namely, by the Chemical Company to the Trading Company and by the Trading Company to the out of State buyers. It was submitted by him that the first set of sales, namely, by the Chemical Company...
0
1,857
276
### 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: Company as well as the Trading Company filed appeals before the Appellate Assistant Commissioner contending that b...
National Insurance Co. Ltd Vs. General Insurance Dev. Officers Asson. & Others
is excessive delegation in framing schemes and reading the preamble, the scheme and the other provisions of the enactment taking note of the general economic situation in the country, the authorities concerned had to frame appropriate schemes. Therefore, it is not open to the petitioners to contend that there is excess...
1[ds]18. It is true as contended by learned counsel for the writ petitioners that a personal factor has a role to play notwithstanding the overall importance of the entity. With opening of economy there is a remarkable change in the various sectors including the insurance sector. Since modifications appear to have been...
1
6,123
817
### 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: is excessive delegation in framing schemes and reading the preamble, the scheme and the other provisions o...
P. Radhakrishna Murthy Vs. M/s. N.B.C.C. Ltd
they think fit, so long as they are not opposed to law. (The proviso to Section 41 and Section 3 of Arbitration Act illustrate this point). All the same, the agreement must be in conformity with law. The Arbitrator must also act and make his award in accordance with the general law of the land and the agreement. (iv) O...
0[ds]20. The High Court has examined the rate of interest at 16.5% on the amount awarded in favour of the Contractor by the civil court and has considered the contention urged on behalf of NBCC that the rate of interest awarded is excessive and also the contention that there is no contract of payment of interest on the...
0
7,467
497
### 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: they think fit, so long as they are not opposed to law. (The proviso to Section 41 and Section 3 of Arbitration Act illus...
MAHABIR INDUSTRIES Vs. PRINCIPAL COMMISSIONER OF INCOME TAX
the case of such industries in the North-Eastern Region, as may be notified by the Central Government, the amount of deduction shall be hundred per cent. of profits and gains for a period of ten assessment years, and the total period of deduction shall in such a case not exceed ten assessment years.?This provision pert...
1[ds]11. The assessee in the instant case has not got deduction under Sectionfor a period of ten years as he started claiming deduction under this provision w.e.f. Assessment YearSituation Nos. (b) and (c) mentioned above would not apply to the assessee as it?s undertaking/enterprise is not established inRegion. It is,...
1
3,722
587
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the case of such industries in the North-Eastern Region, as may be notified by the Central Government, the amount of dedu...
Sher Singh and Others Vs. Union of India and Others
the legislature to provide that an application for renewal of a permit shall be made and disposed of as if it were an application for a fresh permit. The expression as if is used to make one applicable in respect of other. Therefore, the expression as if used in Sec. 58 (2) would mean and imply that the application for...
0[ds]In this group of petitions for special leave, it was contended before the High Court that as Pallavan Transport Corporation Ltd., the first respondent, did not make provision for night halt cleaners, the application for permits made by them were liable to be screened. The High Court declined to examine this conten...
0
4,864
749
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the legislature to provide that an application for renewal of a permit shall be made and disposed of as if it were an applic...
Chander Kali Bai & Ors Vs. Jagdish Singh Thakur
be payable for any accommodation and includes any person occupying the accommodation as a sub-tenant and also, any person continuing in possession after the termination of his tenancy whether before or after the commencement of this Act; but shall not include any person against whom any order or decree for eviction has...
1[ds]9. Mrs. Seth in support of her argument rightly pressed into service a few other provisions of the Act. Section 13(1) giving protection against eviction on the ground of default in payment of rent provides therein that even after the institution of the suit if he clears off the amount of rent due within a period s...
1
2,455
1,129
### 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: be payable for any accommodation and includes any person occupying the accommodation as a sub-tenant and also...
Hira Rai Vs. State of Bihar
and Suraj Kumari could have no claim to it. Still on the morning of 23-2-1965 Kamlarai and his son went to the plot with some ten to fifteen labourers for harvesting the crop. Chhedirai and others on his behalf including the appellant Hirarai where already on the spot. They were obviously armed with lathis and spears r...
1[ds]It is contended by Mr. Singh for the appellant that the High Court was in error in thinking that the right of private defence had been exceeded. Chhedirai was being assaulted by a number of members of the prosecution party and deceased Biharirai was one of them. The case that Biharirai and his four companions had ...
1
1,345
260
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: and Suraj Kumari could have no claim to it. Still on the morning of 23-2-1965 Kamlarai and his son went to the plo...
CENTURY RAYON LIMITED Vs. IVP LIMITED
with regard to the sufficiency of the compensation to be paid under clause (d) to Section 10, the District Judge within whose jurisdiction the property is situated shall determine the compensation. On the legal effect of these provisions, this Court had observed:?21. It is not in dispute that in exercise of powers unde...
1[ds]5. A number of issues and contentions have been raised before us but we are not inclined to enter into a detailed discussion, for we are dealing with an interim injunction order and are inclined to grant relief to the appellant subject to certain conditions, leaving the main issues to be decided and adjudicated in...
1
2,369
537
### 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 regard to the sufficiency of the compensation to be paid under clause (d) to Section 10, the District J...
S.A.A. Biyabani Vs. State of Madras
has to be considered whether the accused ceased to perform the duties of his office by his own free will or compelled by circumstances beyond his control to stay away from duty. The communal disturbances in Hyderabad were notorious facts of which judicial notice can be taken. Even according to the prosecution, the accu...
1[ds]As pointed out above, the trial court was inclined to accept the evidence of the defence witnesses through whom the explanation put forward by the accused was sought to be proved.We have not been able to find any sufficient reason given by the learned Judge, why, differing from the trial court, these witnesses are...
1
1,990
456
### 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: has to be considered whether the accused ceased to perform the duties of his office by his own fr...
Sidhakamal Nayan Ramanuj Das Vs. Bira Naik & Others
Bose, J.1. This is a defendants appeal. The suit was for possession and, if the alternative, for redemption of the plaint properties.2. The first plaintiff was a tenant of the suit lands under the Orissa Tenancy Act. He mortgaged them to the defendant on 13-9-1930 by way of simple mortgage. The rent, payable by the fir...
0[ds]6. The position, in our opinion, is very clear and in the absence of any special statutory provision to the contrary is governed by S. 90, Trusts Act. The defendant is a mortgagee and apart from special statutes, the only way in which a mortgage can be terminated as between the parties to it is by the act of the p...
0
751
456
### 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: Bose, J.1. This is a defendants appeal. The suit was for possession and, if the alternative, for redemption of the...
Inspector Of Police, T.N Vs. Palanisamy @ Selvan
Dr. Arijit Pasayat, J. 1. Heard. 2. The State of Tamil Nadu questions the correctness of the judgment rendered by a Division Bench of the Madras High Court directing acquittal of the respondent. Learned Additional Sessions Judge, Erode had found the respondent guilty of offence punishable under Section 302, Indian Pena...
0[ds]We find that the High Court has analysed the evidence in great detail and we find that the evidence of PWs 1 and 2 is not truthful so far identification aspect is concerned. Undisputedly it was a dark night. They claimed to have identified them from their voice. Though such identification in some cases is possible...
0
787
180
### 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: Dr. Arijit Pasayat, J. 1. Heard. 2. The State of Tamil Nadu questions the correctness of the judgment rendered by...
Mondri Sreenu Vs. State Of Andhra Pradesh
the appellant who are independent witnesses, to a large extent, supported the prosecution case. The strained relationship between appellant and the deceased must be held to have been proved. PW-2 who is the wife of the appellant, had completely supported the prosecution case in that regard. The prosecution case must al...
0[ds]It is, therefore, not a case where the Courts below could have totally ignored recovery of the said articles. Furthermore, although not strictly admissible, even a confession was made by appellant in the Police Station before PW-14 and one Seetha Ramulu. Their statements before the Court are also now not in disput...
0
2,446
247
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the appellant who are independent witnesses, to a large extent, supported the prosecution case. The straine...
Pratap Narain Singh Deo Vs. Srinivas Sabata And Anr
092/-.2. The appellant felt aggrieved and filed a writ petition in the High Court of Orissa, but it was dismissed summarily on October 10, 1969. He has therefore come up in appeal to this Court by special leave.3. It has not been disputed before us that the injury in question was caused to the respondent by an accident...
0[ds]5. It has not been disputed before us that the injury was of such a nature as to cause permanent disablement to the respondent, and the question for consideration is whether the disablement incapacitated the respondent for all work which he was capable of performing at the time of the accident. The Commissioner ha...
0
1,616
808
### 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: 092/-.2. The appellant felt aggrieved and filed a writ petition in the High Court of Orissa, but it was dismissed summaril...
Commissioner Of Income-Tax, Nagpur Vs. Rai Bahadur Jairam Valji And Others
limestone loaded by him, and the business which he had to do to earn the amount was to raise and supply limestone as provided in the agreement. There is here no profit-making apparatus set up by the agreement apart from the business which is to be carried on under it. We are accordingly unable to agree that the present...
1[ds]21. (2) The above discussion answers to a large extent the contention of the respondent that the contract dated 9th May 1940, was merely a framework of his business and not the business itself, and that a receipt on account of it must be treated as a capital receipt. The decision relied on in support of this conte...
1
8,455
1,680
### 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: limestone loaded by him, and the business which he had to do to earn the amount was to raise and supply limestone ...
Competition Commission of India Vs. M/s. Fast Way Transmission Pvt. Ltd. & Others
The Preamble of the Act, read with the aforesaid provisions, would show that the Commission set up by the Competition Act certainly has a positive role to play. A perusal of Sections18 and 19 would show that it is a positive duty of the Commission to eliminate all practices which have an adverse effect on competition. ...
1[ds]7. The Preamble of the Act, read with the aforesaid provisions, would show that the Commission set up by the Competition Act certainly has a positive role to play. A perusal of Sections18 and 19 would show that it is a positive duty of the Commission to eliminate all practices which have an adverse effect on compe...
1
5,120
790
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: The Preamble of the Act, read with the aforesaid provisions, would show that the Commission set up by the Competi...
Patel Chunibhai Dajibhai Etc Vs. Narayanrao Khanderao Jambekar Andanother
no ground for interference with the Mahalkaris order. The Collector observed that the appellant had not paid rent for three consecutive years, and his tenancy had been duly terminated by the requisite notice and the findings of the Mahalkari on these points had not been challenged by a regular appeal. The Collector thu...
0[ds]Now, on April 1, 1957 the application filed by respondent No. 1 under S. 29 read with S. 31 was pending. Consequently, the appellant could not be deemed to have purchased the lands on April 1, 1957.20. But the application under S. 29 read with S. 14 was not maintainable, as it was filed after April 1, 1957. On thi...
0
9,659
2,026
### 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: no ground for interference with the Mahalkaris order. The Collector observed that the appellant had not paid...
Janak Raj Vs. Gurdial Singh And Anr
has been set aside in appeal, but there is no general principle which would give him a similar right to look to a third party who has for good consideration purchased the property sold through the Court." In S. Chokalingam v. N. S. Krishna, AIR 1964 Mad 404 . there was a Letters Patent Appeal out of restitution proceed...
1[ds]So far as sales of immovable property are concerned there are some specie provisions in O. XXI beginning with R. 82 and ending with R. 103. If a sale had been validly held, an application for setting the same aside can only be made under the provisions of Rr. 89 to 91 of O. XXI. As is well known, R. 89 gives a jud...
1
5,023
1,524
### 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: has been set aside in appeal, but there is no general principle which would give him a similar right to look...
V.T.S. Thyagasundaradoss Thevar & Others Vs. V.T.S. Sevuga Pandia Thevar & Another
debts or alienate properties possessed by an impartible estate-holder in respect of his Estate. The limits of his power are defined by reference to the power of a managing member of a joint Hindu family, not being the father or grandfather of the other co-parceners, to make an alienation of the joint family property or...
1[ds]It is not disputed that on the date the will was executed the holder of an ancestral impartible Estate could validly bequeath it to whomsoever he liked. The answer to the question raised, therefore, depends purely on the construction of the willWe find it impossible to construe the said words to mean that the test...
1
6,127
2,110
### 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: debts or alienate properties possessed by an impartible estate-holder in respect of his Estate. The lim...