Case Name
stringlengths
11
235
Input
stringlengths
944
6.86k
Output
stringlengths
11
196k
Label
int64
0
1
Count
int64
176
118k
Decision_Count
int64
7
37.8k
text
stringlengths
1.43k
13.9k
Seth Jagjivan Mavji Vithlani Vs. Messrs Ranchhoddas Meghji
it is payable on demand, as is the suit hundi. In a bill payable after sight, there are two distinct stages, firstly when it is presented for acceptance, and later when it is presented for payment. Section 61 deals with the former, and section 64, with the latter. As observed in --- Ram Ravji v. Pralhaddas Subkaran, 20...
0[ds]The answer to this contention is firstly, that there was no valid presentment of the hundi for acceptance; and secondly that there was no acceptance of the same required by thea bill payable after sight, there are two distinct stages, firstly when it is presented for acceptance, and later when it is presented for ...
0
1,916
749
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: it is payable on demand, as is the suit hundi. In a bill payable after sight, there are two distinct stages,...
Prestige Engineering Ltd. and Ors Vs. Collector of Central Excise, Meerut and Ors
are "incidental or ancillary to the completion of manufactured product" - processes contemplated by clause (i) of Section 2(f). We do not see any warrant for restricting the meaning of the expression manufactured occurring in the notification only to the aforesaid processes. In our opinion, the stress in the notificati...
0[ds]16. In our opinion, while the Calcutta and Gujarat High Courts have by and large understood the notification correctly, their reasoning is vitiated by their omission to understand the expression manufacture in the sense it is defined in the Act. Both the High Courts have understood the expression manufacture in it...
0
5,497
2,168
### 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: are "incidental or ancillary to the completion of manufactured product" - processes contemplated by cla...
Phoolchand And Anr Vs. Gopal Lal
widow and it must descend on the remaining three surviving parties equally, namely, Phool Chand, Gopal Lal and Rajmal. The contention, therefore, on this head also fails.9. Then we come to the question whether the will by Sohan Lal in favour of Gopal Lal was genuine. We have already indicated that the trial Court held ...
0[ds]That no doubt is the correct position in law; but as was pointed out in that case, there may be circumstances where an appeal may be competent even though a copy of the decree may not have been filed along with the memorandum ofsuch exceptional case was dealt with in Jagat Dhish Bhargavas case, (1961) 2 SCR 918 :...
0
4,301
2,357
### 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: widow and it must descend on the remaining three surviving parties equally, namely, Phool Chand, Gopa...
M/S J.B. Boda & Co. Pvt. Ltd Vs. Central Board Of Direct Taxesnew Delhi
v. CBDT 1989 (175) ITR 523 (SC) , and contended that the income must be directly received by the assessee--the Indian company, and if it is not so directly received, any other substitute arrangement which may have the effect of receipt by the assessee is of no avail. In the said case, the question that arose for consid...
1[ds]The provisions similar to section 80-O of the Act were originally available in the former section 85C ofthe Income-tax Act, 1961. While moving the Bill relevant to the Finance (No. 2) Act, 1967, the then Finance Minister highlighted the fact that fiscal encouragement needed to be given to Indian industries to enco...
1
3,978
609
### 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: v. CBDT 1989 (175) ITR 523 (SC) , and contended that the income must be directly received by the assessee--the Ind...
ABID-UL-ISLAM Vs. INDER SAIN DUA
may not be open to be interfered with, but (sic if) in a given case, the finding of fact is given on a wrong premise of law, certainly it would be open to the Revisional Court to interfere with such a matter. It was thus held, that though the scope of revisional powers of the High Court was very limited one, but even s...
1[ds]13. We may usefully refer to the decision of this Court in Inderjeet Kaur v. Nirpal Singh, (2001) 1 SCC 706 :9. Chapter III-A deals with summary trial of certain applications expressly stating that every application by a landlord for recovery of possession on the ground specified in clause (e) of the proviso to su...
1
8,786
6,185
### 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: may not be open to be interfered with, but (sic if) in a given case, the finding of fact is given...
Collector of Lakhimpur Vs. Bhuban Chandra Dutta
Grover, J.1. This is an appeal by certificate from a judgment of the High Court of Assam and Nagaland in which the question involved is one of the quantum of compensation for certain land belonging to the respondent which had been acquired.2. A piece of land measuring 5 Bighas, 4 Kathas and 3 Lechas in Dibrugarh Distri...
1[ds]4. In our opinion the High Court overlooked the fact that the plots which were the subject matter of the sale deeds Exhibits 1 to 4 were comparatively of small areas and it is well known that when a large area like the one which was the subject matter of acquisition has to be sold it cannot possibly fetch a price ...
1
764
222
### 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: Grover, J.1. This is an appeal by certificate from a judgment of the High Court of Assam and Nagaland...
Bachcha and Another Vs. Chamru
Tulzapurkar, J.The only question raised in this appeal relates to the construction of a compromise decree passed in Suit 31 of 1941. It arises thus :2. A mortgage in respect of two houses (admittedly ancestral) was executed by Bachcha and Babu in favour of one Padmavati on December 14, 1933. The document was also execu...
0[ds]The principle enunciated by counsel will not avail because we, are only concerned with the question of proper construction of the compromise decree, and whether the benefit thereunder was intended to be given to Chamru alone or to the joint family. has taken us through the terms of the decree and all that the decr...
0
911
301
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: Tulzapurkar, J.The only question raised in this appeal relates to the construction of a compromise decr...
Narayanamma and Ors Vs. Govindappa and Ors
* *. Section 78 provides: (1) Any person who in contravention of the provisions of this Act, obtains possession of any land by virtue of a bequest, gift sale, mortgage or sub-lease, or of any agreement purporting to be a bequest, gift, sale, mortgage or sub-lease shall be deemed to be a trespasser and shall be liable t...
1[ds]13. A perusal of the said provision would clearly show that, notwithstanding anything contained in any law, no land of which the occupancy has been granted to any person under the said Chapter shall, within 15 years from the date of the final order passed by the Tribunal Under Sub-section (4) or Sub-section (5) or...
1
7,948
943
### 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: * *. Section 78 provides: (1) Any person who in contravention of the provisions of this Act, obtains posse...
Gharda Chemicals Limited & Others Vs. Jer Rutton Kavasmaneck & Others
Judge. As we have held that the votes cast under both the power of attorneys are valid, it is not necessary to consider the issue as to whether the power of attorney is a proxy or not. However, the above issue being raised and decided by the company Judge and the counsel on both sides have also canvassed respective arg...
0[ds]26. On perusal of the aforesaid provisions of Companies Act and the articles of association of the company, it is seen that at the meeting of the company not only the shareholder and the proxy holder but some other duly authorised person is also entitled to vote. In other words, at the meeting of the company the v...
0
6,067
2,202
### 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: Judge. As we have held that the votes cast under both the power of attorneys are valid, it is not necessary to consider th...
State Of Haryana Vs. Bharti Teletech Ltd
to be tested on a different anvil, for it grants freedom from liability. In the case at hand, as we understand, it is ‘unit’ specific. The term ‘unit’ has not been defined. The grant of exemption unit wise can be best understood by way of example. An entrepreneur can get an exemption of a unit and thereafter establish ...
1[ds]22. From the aforesaid authorities, it is clear as crystal that a statutory rule or an exemption notification which confers benefit to the assessee on certain conditions should be liberally construed but the beneficiary should fall within the ambit of the rule or notification and further if there are conditions an...
1
4,988
1,908
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to be tested on a different anvil, for it grants freedom from liability. In the case at hand, as we und...
COUNCIL OF ARCHITECTURE Vs. MR. MUKESH GOYAL & ORS
a phenomenal scale. A large variety of buildings, many of extreme complexity and magnitude like multi-storeyed office buildings, factory buildings, residential houses, are being constructed each year. With this increase in the building activity, many unqualified persons calling themselves as Architects are undertaking ...
1[ds]21. The order of this Court dated 14 February 2017 states that the High Court was in error in rejecting the contention of the appellant that practice under the Architects Act, 1972 is not restricted only to the architects.The appellant was the Council of Architecture. The order is based on the premise that the con...
1
10,447
2,371
### 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: a phenomenal scale. A large variety of buildings, many of extreme complexity and magnitude like multi-s...
State Of J & K Vs. Vichar Kranti International
been extracted above, proceeded on the basis that the circular also regulated government medical doctors engaging in self-employment or other activities. It was urged that the rules governing private practice by government doctors were not placed before the Court. Hence, without considering those rules, the High Court ...
1[ds]6. In the circumstances, we are of the view that there is merit in the grievance of the State Government in regard to the correctness of the view which has been formulated by the High Court. The High Court was not apprised of the relevant statutory rules which govern the field. An order of remand would hence be ne...
1
1,925
333
### 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: been extracted above, proceeded on the basis that the circular also regulated government medical doctor...
State of Mysore Vs. H.L. Chablani
be urged that the High Court wrongly held that there was a contravention of Art. 311 (2) of the Constitution in this case. Mr. N. C. Chatterji appearing on behalf of the respondent has raised a preliminary objection that in view of the terms of the certificate stated in the order of the High Court dated February 18, 19...
0[ds]6. We are of the view that in the facts and circumstances of this case no. substantial question of law as to the interpretation of Art. 311 really arises. It is clear that the High Court in granting a certificate under Art. 132 (1) held, rightly or wrongly, that the case involved a substantial question of law to t...
0
3,019
816
### 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 urged that the High Court wrongly held that there was a contravention of Art. 311 (2) of the Constitution ...
Commissioner of Income Tax, Madras Vs. M/s. Southern Roadways Private Limited
operator, replaced the petrol engine in two of his buses incurring expenditure in that connection during the year of account ending with March 31, 1950, relevant to the assessment year 1950-51. This Court by a majority held that the same meaning ought to be given to the word "machinery" in all the clauses, namely, clau...
1[ds]In Mir Mohammads case on which the High Court based its decisions, the assessee, aand transport operator, replaced the petrol engine in two of his buses incurring expenditure in that connection during the year of account ending with March 31, 1950, relevant to the assessment yearThis Court by a majority held that ...
1
1,871
568
### 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: operator, replaced the petrol engine in two of his buses incurring expenditure in that connection during the year of account...
Kalumiya Karimmiya Vs. State of Gujarat and Others
9 of the Act was served on the appellant but he did not submit any claims with regard to compensation under that section. On Septem- ber 22, 1970, the appellant filed an application under Article 226 of the Constitution before the High Court of Gujarat challenging the aforesaid notifications under the Act. The High Cou...
0[ds]Although, ordinarily, t here should be no difficulty in furnishing a copy of the report under section 5A to an objector, when he asks for! the same, it is not a correct proposition that bearing under section 5A is invalid because of failure to furnish a copy of the report at the conclusion of the hearing under the...
0
1,572
860
### 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: 9 of the Act was served on the appellant but he did not submit any claims with regard to compensation...
Khazan Singh Etc. Etc Vs. State Of U.P. & Ors
which we are concerned was inserted in the Act by the Union Parliament.The State Government in approving a scheme in respect of an inter-State route under sub-section (3) of Section 68-D of the Act exercises a statutory power which has been vested in it by a law made by the Parliament. The said law relates to the creat...
0[ds]This contention, in our opinion, cannot be accepted as it runs counter to the plain language of the proviso to sub-section (3) of Section 68-D of the Act. According to the proviso, no scheme which relates to an inter-State route shall be deemed to be an approved scheme unless it has been published in the Official ...
0
4,364
791
### 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: which we are concerned was inserted in the Act by the Union Parliament.The State Government in approving a scheme in respec...
Anglo American Direct Tea Trading Co.Ltd Vs. Commissioner Of Agricultural Income-Tax,Kerala State, Triv
within the State is determined under S. 6 of the Kerala Agricultural Income-tax Act read with R. 15 of the Kerala Agricultural Income-tax Rules. 5. Our attention was drawn to the provisions of (a) Ss. 8 (2), 24 (1) proviso 24 (2) proviso; 25 (4) and 25, (5) of the Bengal Agricultural Income-tax Act, 1944 and Rules 7 an...
1[ds]We think that this question should be answered in the affirmative. Income from sale of tea grown and manufactured by the seller is derived partly from business and partly from agriculture. This income has to be computed as if it were income from business under the Central Income-tax Act and Rules, 40 per cent of t...
1
3,146
1,126
### 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: within the State is determined under S. 6 of the Kerala Agricultural Income-tax Act read with R. 15 of ...
Pandian @ Veerapandian Vs. State of Tamil Nadu
the progress of the case. Accused no.2 surrendered on 11.6.1986. PW.1 was arrested on 27.5.1987. He made a confession on 1.6.1987. Ultimately he has turned Approver and was pardoned on 14.7.1987. The judicial confession of accused no.2 was recorded on 6.6.1987 which he has alter on retracted. Five charges were framed a...
0[ds]On the nature of the offence, the High Court has looked to the nature of the evidence and convicted accused no.1 for conspiracy. It has, however, held that though the evidence of the Approver is that the conspiracy was for commission of murder of deceased no.1, the court could not close its eyes to the judicial co...
0
1,865
191
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the progress of the case. Accused no.2 surrendered on 11.6.1986. PW.1 was arrested on 27.5.1987. He made a confession on 1....
B.S. MURTHY & ORS Vs. A. RAVINDER SINGH & ORS
an application of the 1986 OM. Now, as a matter of fact the materials on record establish that there were promotee vacancies at a time when the ban on direct recruitment was in force (during 1984-1990). To the query dated 11-06-2007, the Commissionerate concerned, at Hyderabad stated, in its reply dated 30-08-2007, as ...
1[ds]31. The rules in question, that is, 1979 Rules prescribes that recruitment to the post of Inspectors is from two sources: direct recruitment (to the extent of 75% of the cadre) and promotions (to the extent of 25% of the cadre). Promotions are made from seven feeder grade cadre posts: Upper Division Clerks (UDCs)/...
1
13,548
4,924
### 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: an application of the 1986 OM. Now, as a matter of fact the materials on record establish that there were promotee vacancie...
Assam Bengal Cement Co. Ltd Vs. The Commissioner Of Income-Tax,West Bengal
purchase that he will pay a sum annually to a third party, irrespective of whether the business yields any profits or not, it would be difficult to say that the annual payments were made solely for the purpose of earning the profits of the business."The expression "once and for all" is used to denote an expenditure whi...
0[ds]This synthesis attempted by the Full Bench of the Lahore High Court truly enunciates the principles which emerge from the authorities. In cases where the expenditure is made for the initial outlay or for extension of a business or a substantial replacement of the equipment, there is no doubt that it is capital exp...
0
6,676
1,308
### 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: purchase that he will pay a sum annually to a third party, irrespective of whether the business yields any profits or not...
Talkeshwari Devi Vs. Ram Ran Bikat Prasad Singh & Another
of her share of the properties. 4. Immediately after the death of Sheorani Kuer, the appellant instituted a suit for possession of the properties that fell to the share of Sheorani Kuer purporting to base her claim on Clause 5 of the will to which we have earlier made reference. That suit was resisted by the first defe...
0[ds]6. It is undisputed that the duty of the Court is to find out the intention of the testator but that intention has to be gathered from the language of the will read as a whole. It is clear from Clause 4 of the will that the testator wanted to give to his grand-daughters an absolute right in the properties that wer...
0
1,540
875
### 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: of her share of the properties. 4. Immediately after the death of Sheorani Kuer, the appellant instituted a ...
M/s. Kelkar & Kelkar Vs. M/s. Hotel Pride Executive Pvt. Ltd
M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.08.2015 passed by the High Court of Judicature at Bombay in Writ Petition No.4442 of 1999 by which the High Court, in exercise of Articles 226 and 227 of the Constitution of India, has allowed the said writ petition prefe...
1[ds]2. Having heard learned counsel appearing on behalf of the respective parties and considering the impugned judgment and order passed by the High Court, we are of the opinion that against the award made by the learned Arbitrator made under the Act and against an order passed by the learned trial Court making the aw...
1
679
203
### 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: M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 06.08.2015 passed by the H...
Haryana State Electricity Board Vs. The State of Punjab & Others
effect from September 1, 1956. The case of the writ petitioners confirmation in Class II was taken up in 1968 on receipt of his report for the period ending March 31, 1956 from the Himachal Pradesh Government and he was then confirmed. It was admitted that the post in Class I fell vacant with effect from September 1, 1...
0[ds]6. It appears to us that the judgment of the High Court in this case does not call for any interference.The main stress that was laid by the learned counsel for the State was on the laches and delay on the part of B. K. Puri in filing the petition in the High Court.From the resume of the various dates which has al...
0
2,363
275
### 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: effect from September 1, 1956. The case of the writ petitioners confirmation in Class II was taken up i...
H. Dear and Company Private Limited Vs. Commissioner of Income Tax, Calcutta
the company did not purchase standing timber, but it was given " a right to extract sleepers ". According to the High Court, the company had " to enter the forests, to wait for certain trees to be marked, and then to cut such trees according to its requirements for the supply of sleepers to the railways and others, as ...
0[ds]In our view the High Court was not right in assuming that the royalty agreed to be paid under the terms of the agreement dated June 13, 1952, and the additional payments annually made were of the same character. The High Court was also not right in holding that the royalty paid under the agreement was of the natur...
0
1,978
491
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the company did not purchase standing timber, but it was given " a right to extract sleepers ". Accor...
C.P.C. Motor Service, Mysore Vs. State of Mysore & Another
State Transport Undertaking. The exclusive operation of routes within the District meant that no other omnibus belonging to a private operator could run on that sector. The direction, therefore clearly said that the route left to the private operators would be open to them beyond the borders of the District, but they w...
0[ds]This in our opinion, is the direct result of taking over of certain routes, because if those routes are taken away, then the private operators would not be running their omnibuses on those routes, and the appropriate entry would be as shown there, "Nil. The rest of the particulars have been given in the scheme its...
0
3,122
1,327
### 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: State Transport Undertaking. The exclusive operation of routes within the District meant that no other omnibus belonging to ...
AARIFABEN YUNUSBHAI PATEL & ORS. Vs. MUKUL THAKOREBHAI AMIN & ORS.
set aside a sale under this rule shall be entertained upon any ground which the applicant could have taken on or before the date on which the proclamation of sale was drawn up. 9. The limitation for filing an application to set aside a sale in execution of decree is 60 days in terms of Article 127 of Third Division, Pa...
1[ds]We are constrained to observe that the High Court totally ignored the order of this Court quoted hereinabove. This Court had specifically directed the executing court to decide both, the issue of limitation and objections on merits. This was obviously done with the purpose that in case later if the issue of limita...
1
2,961
610
### 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: set aside a sale under this rule shall be entertained upon any ground which the applicant could have ta...
Asea Brown Boveri Ltd Vs. S Industrial Finance Corporation Of India And Others
The lessor is typically a financial institution and cannot render specialized service in connection with the asset.8. The lease is usually full-pay-out, that is, the single lease repays the cost of the asset together with the interest." 17. In our opinion, financial lease is a transaction current in the commercial worl...
1[ds]8. A perusal of the detailed order passed by the Special Court shows that the Special Court shows that the Special Court refused to treat the transaction between the appellant and Fairgrowth as one of lease finance and instead treated it to be a transaction of lease only i.e. the appellant holding 56 cars as lesse...
1
3,257
916
### 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 lessor is typically a financial institution and cannot render specialized service in connection with th...
Maharashtra State Textile Corporation Limited Vs. Official Liquidator and Others
circumstances, therefore, the inference is irresistible that without the consent of the Central Government the liquidation proceedings could not continue and the company Judge was not legally justified in ordering the sale of the moveables without obtaining the sanction of the Central at Government.9. It was however su...
1[ds]We have heard counsel for the parties and have also perused the judgment of the High Court and we feel that the High Court has not properly construed the interim order of this Court and was tinder an erroneous impression of law that this Court by its interim order had in fact authorised the sale which in l aw was ...
1
2,696
1,036
### 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: circumstances, therefore, the inference is irresistible that without the consent of the Central Government the liquidation...
Commissioner Of Income-Tax, Delhi And Rajasthan Vs. The Mewar Textile Mills Ltd
submission of Mr. Sastri, we find that the Rajasthan High Court has omitted to consider the question of the taxability of this item. This item was exempted by the Appellate Tribunal. In this connection the Appellant Tribunal observed as follows :“but the assessee would not be liable to tax in respect of goods sold by t...
1[ds]5. We may mention, however, that Mr. Desai contends before us that the facts are clear and he relies on six documents which are printed in the paper book namely:(1) The Contract form - Annexure Ex. T;(2) Copy of the postcard from Shiv Nath Radha Krishna Somani, Beawar, to M/s. Mewar Textile Mills, Bhilwara, dated ...
1
1,808
489
### 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: submission of Mr. Sastri, we find that the Rajasthan High Court has omitted to consider the question of the ...
Mackinnon Mackenzie & Co. Pvt. Ltd Vs. Ibrahim Mahommed Issak
321 a seaman disappeared during his spell of duty at the wheel in the wheel house in the centre of the flying deck and was not afterwards seen. The night was rough, the sea choppy but the vessel was steady. The flying deck protected by a rail. There was no evidence as to how the man met his death and in spite of the pr...
1[ds]5. To come within the Act the injury by accident must arise both out of and in the course of employment. The words "in the course of the employment mean "in the course of the work which the workman is employed to do and which is incidental to it". The words arising out of employment" are understood to mean that "d...
1
4,863
924
### 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: 321 a seaman disappeared during his spell of duty at the wheel in the wheel house in the centre of the ...
State Of A.P Vs. C. Uma Maheswara Rao
548 ) the appellant who was working as a local foreman, was found to have accepted a sum of Rs. 375 from a railway contractor. The appellants explanation was that he had borrowed the amount as he was in need of money for meeting the expenses of the clothing of his children who were studying in school. The Special Judge...
1[ds]27. The evidence of PW-1 cannot be ignored on the ground that he had earlier made grievances against some other officials. The Trial Court had carefully analysed his evidence and found the same to be credible. Even if PW-2 did not support the prosecution version on some aspects yet his evidence also prove giving o...
1
4,988
444
### 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: 548 ) the appellant who was working as a local foreman, was found to have accepted a sum of Rs. 375 from a railway contrac...
Sivayogeswara Cotton Press,Devangere And Others Vs. M. Panchaksharappa And Another
owners. Its character could be changed with the permission of the Government on payment of certain prescribed fees and charges. The parties could not be certain of obtaining the necessary Government sanction to the conversion of the tenancy from agricultural to building purposes. Therefore the stipulation was clearly m...
1[ds]ut as that defence has not been raised in the pleadings of the defendant and as that point has not been canvassed in the High Court, we ruled that we shall not permit that contention to be raised here. But the substantial ground on which this appeal has been pressed upon us is that by virtue of the lease deed of t...
1
5,701
1,190
### 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: owners. Its character could be changed with the permission of the Government on payment of certain prescribe...
State Of Orissa Vs. Ram Chandra Dev & Anr
the jurisdiction of the High Court under Art. 226 to issue a writ solely for the purpose of granting an interim relief to the party who moved the High Court under Art. 226. It is in that connection that this Court observed that an interim relief can be granted only in aid of and as auxiliary to the main relief which ma...
1[ds]We have rejected Mr. Tatacharis request for adjournment because we are satisfied that no useful purpose would be served by granting the respondents any further time. The conduct of the respondents after time was given to them under the consent order delivered by this Court on October 10, 1962 does not justify the ...
1
3,339
1,084
### 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 jurisdiction of the High Court under Art. 226 to issue a writ solely for the purpose of granting an interim relief to...
A. Panduranga Rao Vs. State Of Andhra Pradesh & Ors
of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed a district judge if he has been for not less than ...
1[ds]In the view which we take as to the violation of Article 233 in this case, we would not like, nor is it necessary to do so, to examine the claim of the appellant for appointment in one of the sixrecommendation of the High Court for filling up the six vacancies was contained in its letter dated 13-7-1973. Governmen...
1
2,361
948
### 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: of, district judges in any State shall be made by the Governor of the State in consultation with the High Court exercising ...
Municipal Corporation of Greater Bombay Vs. Bombay Tyres International Ltd. & Others
S. Rajendra Babu, J. C.A. 1179/94 and SLPs (C) Nos. 15507/87, 853/88 and 14597/87 : 1. In SLPs leave granted. 2. In this batch of cases, the appellant is Municipal Corporation of Greater Bombay, which has made provisions for Water Charges by framing appropriate Rules and Bye-laws pursuant to Section 141 and Section 169...
1[ds]5. The High Court having allowed the petitions has directed the refund of the amounts with certain rates of interest and if those amounts have already been refunded to the parties concerned, we do not think it appropriate to allow the appellants to recover such amounts again but if, however, such amounts have not ...
1
729
187
### 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: S. Rajendra Babu, J. C.A. 1179/94 and SLPs (C) Nos. 15507/87, 853/88 and 14597/87 : 1. In SLPs leave grant...
State Bank Of Bikaner Vs. Balai Chander Sen
1500 ) has been misunderstood by the labour court and this Court did not lay down in that case that an application under S. 33(2) (b) would not be maintainable if it is made by an employer after he had concluded the enquiry and decided to impose a certain punishment but had not actually imposed it. We are of opinion th...
1[ds]4. The contention in the Strawboard Manufacturing Co.s case. (1962) Supp (3) SCR 618 : (AIR 1962 SC 1500 ) was that the application for approval must be made before the employer takes action and that view was negatived. In that case what the employer had done was to make the enquiry and decide to dismiss the empl...
1
1,904
1,045
### 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: 1500 ) has been misunderstood by the labour court and this Court did not lay down in that case that an application under ...
United Bank of India Vs. Bengal Behar Construction Company Limited and Others
1. Special leave granted 2. On 28-11-1995, we passed an order setting aside the order of the Division Bench of the High Court which had set aside the decree passed against the principal debtor by the learned Single Judge and we restored that decree. Therefore, so far as the principal debtor is concerned, there is a dec...
1[ds]It is clear that they have also sought relief against the enforcement of the guarantees by execution of any decree passed in Suit No. 223 of 1985 which is the suit which has given rise to the present proceedings. The aforesaid Suit No. 281 of 1995 was filed by the guarantors during the pendency of the present proc...
1
656
311
### 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: 1. Special leave granted 2. On 28-11-1995, we passed an order setting aside the order of the Division Bench o...
Jwala Prasad Sehgal Vs. State of Punjab
J.C. Shah, J.1. The petitioner’s son Ranbir Singh Sehgal was convicted and sentenced by different Courts for offences under Explosive Substance Act, conspiracy to commit dacoity, Arms Act and other offences and was sentenced to various terms of imprisonment and to pay fine. The first sentence was imposed upon him on Ju...
0[ds]3. Counsel for the petitioner has contended that there was no evidence that theof Prisons had in fact cancelled the remissions. But we have before us a copy of the letter under the signature of the A. I. G. (who has written the letter forf Prisons) that the remission of 8 months and 3 days granted to Ranbir Singh ...
0
608
276
### 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: J.C. Shah, J.1. The petitioner’s son Ranbir Singh Sehgal was convicted and sentenced by different Courts for offences under ...
Thiruvalanchuli Vaithilingam Pillai Charities Vs. Vijayavalli Achi & Others
that the share of the 1st defendant should go after her death to her representative. It has to be remembered that at the date of the judgment Kalyanasundaram was the legal representative of both Vaithilinga and Kamakshi It seems to us, therefore, to be a natural interpretation of the sentence in the judgment on which t...
1[ds]We should suppose that if such was the interpretation of the deed by the learned Subordinate Judge, his judgment might operate as res judicata barring the claim of the appellants in the present suit for the claim through Kalyanasundaram who was a party to the earlier suit. The question appears to us to be whether ...
1
3,644
1,219
### 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: that the share of the 1st defendant should go after her death to her representative. It has to be...
Assistant Commissioner Ofsales Tax, Kerala Vs. Messrs P.Kesavan and Company
1. The appeals, by certificate, arise upon the common judgment of a Division Bench of the Kerala High Court whereby writ petitions filed by the respondents were allowed. 2. The respondents were sellers of Caristrap Rayon Cord Strapping. According to them, the said strapping was exempted from taxation under the Kerala G...
1[ds]What has to be seen, having regard to Entry-7 of Schedule-III of the said Act read with Item No.22 of the First Schedule of the Central Excise and Salt Act, 1944, is whether the said strapping is a fabric, manufactured, either wholly or partly, from rayon. As aforestated, the only material placed by the respondent...
1
1,043
476
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: 1. The appeals, by certificate, arise upon the common judgment of a Division Bench of the Kerala High Court...
Wali Singh Vs. Sohan Singh
years after attaining majority notwithstanding that the parties may have continued in joint possession. In this view they dismissed the suit.4. Learned counsel for the plaintiff-appellant urges that the mutation proceedings did not purport to be based on any transfer by Kirpal Singh as guardian of Wali Singh and that t...
1[ds]It is true that the various mutations were brought about by Kirpal Singh and that Wali Singh was a minor at the time to the knowledge of everybody concerned. It is also true that Kirpal Singh intended that Wali Singh should not have any share in his natural fathers property.But in terms, what appears to have been ...
1
2,063
383
### 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: years after attaining majority notwithstanding that the parties may have continued in joint possession....
State Of U.P. Vs. M/S. Swadeshi Plytex Ltd.
placed on State financial corporations exercising their powers under section 29 of the State Financial Corporations Act, as prescribed in Mahesh Chandra v. Regional Manager, U.P.Financial Corpn. Are no longer in place in view of the subsequent decision in Haryana Financial Corpn. Vs. Jagdamba Oil Mills. However, in ove...
0[ds]13. Shri Nariman, the learned senior counsel for the respondents, therefore, appears to be right in contending that the specific averments made by SPL in the writ petition have not been denied by the respondent and it was therefore open to SPL to contend that the property had not been properly valued and that the ...
0
6,914
508
### 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: placed on State financial corporations exercising their powers under section 29 of the State Financial Cor...
Union of India Vs. Mackinnon Mackenzie and Company Limited
no distinction between the export of the goods and acquisition of character of export goods. The submission is not correct because the expression export goods merely means that the goods are ready for being taken outside India. As long as the goods are not actually taken out of India, it cannot be even suggested that t...
0[ds]The submission proceeds on the assumption that the sugar bags which were cleared by the shipping company for home consumption were imported goods. The assumption of the department that the sugar bags were imported goods is entirely incorrect and contrary to the statutoryis not in dispute that the requisite entry o...
0
5,115
770
### 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: no distinction between the export of the goods and acquisition of character of export goods. The submis...
Ram Bachan Lal Vs. State of Bihar & Another
municipality, and to extend to it all or any of the provisions of this Act. (b) When the State Government is satisfied that any municipality, or any area in a municipality, does not fulfil the conditions specified in clause (a), or when the Commissioners at a meeting have made a recommendation in this behalf, the State...
0[ds]Coming to the second point, S. 82 is challenged on various grounds. First, it is said that the proviso to S. 82 (1)(ff) enables the Government to exempt any classes of profession, trades or callings from the tax, without giving any guidance as to which classes should be exempted. We do not find it necessary to dea...
0
3,277
696
### 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: municipality, and to extend to it all or any of the provisions of this Act. (b) When the State Govern...
K.V.S.Ram Vs. Bangalore Metropolitan Transport Corp
court or tribunal as a result of the appreciation of evidence cannot be reopened or questioned in writ proceedings. An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however, grave it may appear to be. In regard to a finding of fact recorded by the Tribuna...
1[ds]9. The appellant joined the services of the corporation in the year 1985. In the year 1990, charges were framed against the appellant alleging that he had secured appointment by producing a false certificate and enquiry was initiated in the year 1992 and the Enquiry Officer submitted his report only in the year 20...
1
2,721
473
### 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: court or tribunal as a result of the appreciation of evidence cannot be reopened or questioned in writ proceedings. An err...
B. N. Mutto & Anr Vs. T. K. Nandi
possession of the premises on the grounds specified in Clause (e) of the Proviso to Sub-section (1) of Section 14 or Section 14A. Under Section 14A(1)(e) the tenant may (1)(1977) 3 SCR 372 may resist the application on the grounds specified namely, that the premises are not let for residential purposes, that they are n...
1[ds]In order to appreciate the point that arises for consideration it is necessary to refer to the relevant provisions of the Delhi Rent Control Act. Delhi Rent Control Act (Act 59 of 1958) came into force on 31st December, 1958. By Chapter III the right of the landlord to evict the tenant was restricted, Section 14 p...
1
6,124
3,708
### 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: possession of the premises on the grounds specified in Clause (e) of the Proviso to Sub-section (1) of ...
Special Land Acquisition Officer Hosanagar Vs. K.S. Ramachandra Rao & Others
Hegde, J. 1. This appeal has been brought up by Special Leave by the Special Land Acquisition Officer, S. V.H. Electric Project, Shimoga District. The lands acquired under the present proceedings were originally Government lands. They had been granted to the Respondents subject to the condition that if it becomes neces...
0[ds]2. Mr. M. Veerappa, the learned Counsel for the State of Mysore, contends that the Land Acquisition Officer had not assessed the compensation payable for the rights of the Respondents in the lands acquired. According to him the Land Acquisition Officer merely estimated the value of the lands acquired. He contends ...
0
517
214
### 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: Hegde, J. 1. This appeal has been brought up by Special Leave by the Special Land Acquisition Officer, S. V.H. Ele...
STATE OF U.P Vs. THE UPPER JAMUNA VALLEY ELECTRICITY SUPPLY CO. LTD. AND OTHERS
of and attracted the provisions of Article 31C of the Constitution rendering the law immune from assailment on the ground of violation of fundamental rights. The contentions of the parties would require to be examined as the provisions of Articles 19(1)(f) and 31 stood at the relevant time. Articles 19(1)(f) and 31 wer...
1[ds]8. It must be mentioned that the above mentioned Ordinances and Amendment Act were part of the policy of nationalisation of electric companies by the Union of India. Similar amendments were made by many States. Electric companies, all over India, were sought to be so purchased. Like the 1st Respondent, a number of...
1
6,532
2,245
### 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: of and attracted the provisions of Article 31C of the Constitution rendering the law immune from assailment on the ground...
COMMISSIONER OF INCOME TAX JAIPUR Vs. M/S GOPAL SHRI SCRIPS PVT LTD
Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order dated 09.08.2016 passed by the High Court of Judicature for Rajasthan at Jaipur in DBITA No.53 of 2000 whereby the High Court dismissed the appeal as having become infructuous filed by the appellant herein.3. The appeal...
1[ds]9. Having heard the learned counsel for the appellant (Income Tax Department) and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits in accordance with law.10. Mere perusal of the ...
1
813
373
### 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: Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is filed against the final judgment and order ...
Union of India & Others Vs. Uttam Steel Ltd
of transport and other allied matters as may be specified in the notification which the exporter undertakes to abide by entering into a bond in the proper form with such surety or sufficient security, and under such conditions as the Commissioner approves.(2) The Central Government may, from time to time, by notificati...
1[ds]There is no doubt whatsoever that a period of limitation being procedural or adjectival law would ordinarily be retrospective in nature. This, however, is with one proviso super added which is that the claim made under the amended provision should not itself have been a dead claim in the sense that it was time bar...
1
4,835
1,008
### 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: of transport and other allied matters as may be specified in the notification which the exporter undertakes to abide by e...
State of Uttar Pradesh Vs. Jogendra Singh
allowed and the order directing the enquiry to be held by the appointed authority under R. 55 of the said Civil Services Rules was quashed.5. This order was challenged by the appellant by an appeal under the Letters Patent before a Division Bench of the said High Court. The Division Bench agreed with the view taken by ...
0[ds]8. Rule 4(2) deals with the class of gazetted government servants and gives them the right to make a request to the governor that their cases should be referred to the Tribunal in respect of matters specified in cls. (a) to (d) of sub-r (1).The question for our decision is whether like the word "may" in R. 4(1) wh...
0
1,662
540
### 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: allowed and the order directing the enquiry to be held by the appointed authority under R. 55 of the said Civil Services Rul...
Workmen of Dimakuchi Tea Estate Vs. Management of Dimakuchi Tea Estate
point was raised that they had ceased to be workmen and were therefore outside the scope of the Act. This argument was repelled. In my opinion, there is no justification for treating such cases as authorities for the wider proposition that a valid industrial dispute can be raised by workmen about the employment or non-...
0[ds]At first sight, it does appear that there is considerable force in the argument advanced on behalf of the appellants. It is rightly pointed out that the definition clause does not contain any words of qualification or restriction in respect of the expression "any person" occurring in the third part, and if any lim...
0
9,959
995
### 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: point was raised that they had ceased to be workmen and were therefore outside the scope of the A...
Rana Sheo Ambar Singh Vs. Allahabad Bank Limited
BEG, C.J. 1. This appeal by certificate raises the simple question whether certain trees, said to be part of a grove, are included in grove-land, which, under section 6(a) (i) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act) vests in the State of Uttar Pradesh free from al...
1[ds]We find that it is impossible for us to accept this opinion in view of the definition of the intermediarys grove-under section 3(13) of the Act which says "intermediary grove means grove-land held or occupied by an intermediary as such". This means that "grove-land" and an "intermediarys groves are equated and gro...
1
580
205
### 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: BEG, C.J. 1. This appeal by certificate raises the simple question whether certain trees, said to be part of a gr...
Ram Saran Dass Vs. State of Punjab
order was in substance an order of dismissal and as such, amounted to punishment under Art. 3 II of the Constitution and so, he contended that since the said order had been passed without complying with the mandatory provisions of Article 311(2) it was invalid Alternatively, the appellant urged that the impugned order ...
1[ds]The main contention which has been urged before us on his behalf by Mr. Dayal is that having regard to the all gations made by the appellant in his writ petition: the High court should not have summarily rejected his petition. In our opinion, this contention is well founded and must bethe appellant was granted spe...
1
1,589
988
### 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: order was in substance an order of dismissal and as such, amounted to punishment under Art. 3 II of the...
Commissioner of Income Tax, Kerala & Coimbatore Vs. Krishna Warriar
part of the income of that property is utilized for religious or charitable purposes. The dichotomy between the two expressions "wholly" and "in part" is not based upon the dedication of the whole or a fractional part of the property, but between the dedication of the said property wholly for religious or charitable pu...
1[ds]If business is property and is held under trust wholly or partly for religious or charitable purposes, it falls squarely under the substantive part of Cl. (i) and in that event Cl. (b) of the proviso cannot be attracted, as under that clause of the proviso the business mentioned therein is not held under trust but...
1
4,933
1,476
### 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: part of the income of that property is utilized for religious or charitable purposes. The dichoto...
State Bank of India, Calcutta Vs. Its Workmen, and Another
the onus on the respondents, and it felt no doubt that in terminating the services of respondent 2 the appellant was actuated by ulterior motives and that the said termination amounted to an unfair practice and victimisation. As a result of these findings the appeal preferred by the respondents was allowed and the appe...
0[ds]Mr. Sen argues that the findings made by the industrial tribunal were alternative. It had held that S. 33 had not been contravened; and even if it was, on the merits it had found that the order of discharge was not shown to beunreasonable. We are not impressed by this argument. There is no doubt that as the appeal...
0
2,088
399
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the onus on the respondents, and it felt no doubt that in terminating the services of respondent 2 the appellant was actua...
L. B. Sugar Factory & Oil Mills (P) Ltd. Pilibhit Vs. C.I.T. U.P., Lucknow
of the business of the assessee and making it more efficient and profitable and it was clearly an expenditure on revenue account. 8. It was pointed out by Lord Radcliffe in Commissioner of Taxes v. Nchanga Consolidated Copper Mines Ltd. 1965 58 ITR 241 (PC), that "in considering allocations of expenditure between the c...
0[ds]So far as the first item of expenditure of Rs. 22, 332 is concerned, the case does not present any difficulty at all, because it was common ground between the parties that this amount was contributed by the assessee long after the Deoni Dam and the Deoni-Dam-Majhala Road were constructed and there is absolutely no...
0
3,498
1,180
### 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: of the business of the assessee and making it more efficient and profitable and it was clearly an expendit...
State Of Orissa & Anr Vs. Murlidhar Jena
enquiry held by the Tribunal is not governed by the strict and technical rules of the Evidence Act. Rule 7(2) of the relevant rules provides that in conducting the enquiry the tribunal shall be guided by rules of equity and natural justice and shall not be bound by formal rules relating to procedure and evidence. There...
1[ds]9. In accepting the respondents contention that the impugned findings were not supported by any evidence the High Court has been impressed by two considerations. The first consideration is that the High Court took the view that in relying upon the evidence adduced at the stage of investigation the Tribunal had gon...
1
3,764
1,800
### 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: enquiry held by the Tribunal is not governed by the strict and technical rules of the Evidence Act. Rule 7(2) of the relev...
Commissioner Of Income-Tax, Calcutta Vs. Nalin Behari Lal Singha Etc
Shah, Ag. C.J.1. In a proceeding for assessment to income-tax for the year 1949-50 the respondents in these appeals claimed that the dividend distributed by the Ukhara Estate Zamindaries Ltd was exempt from tax, because the fund out of which the dividend was distributed did not form part of the "accumulated profits" of...
0[ds]4. The proviso to the Explanation clearly enacted that capital gains arising after March 31, 1948 are not liable to be included within the expression "dividend". The definition is, it is true, an inclusive definition and a receipt by a shareholder which does not fall within the definition may possibly be regarded ...
0
1,009
375
### 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: Shah, Ag. C.J.1. In a proceeding for assessment to income-tax for the year 1949-50 the respondents in these...
Singh Ram Vs. Nirmala & Others
should, it has been urged, be modified to fasten a joint and several liability on the insurer.6. Before we advert to the decision in Swaran Singh (supra) a brief reference to the facts as they emerge from the decision of the Tribunal is necessary. Initially before the Tribunal the appellant produced a driving licence i...
0[ds]8. In the present case it is necessary to note, as observed by the Tribunal, that the owner did not depose in evidence and stayed away from the witness box. He produced a licence which was found to be fake. Another licence which he sought to produce had already expired before the accident and was not renewed withi...
0
1,679
116
### 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: should, it has been urged, be modified to fasten a joint and several liability on the insurer.6. Before...
MANOJ PARIHAR & ORS Vs. STATE OF JAMMU & KASHMIR & ORS
in para 36 of the report in Bimlesh Tanwar (supra) and this Court recorded that the same was not correct. In para 40 of the report this Court eventually held as follows:- 40. An affirmative action in terms of Article 16(4) of the Constitution is meant for providing a representation of class of citizenry who are sociall...
0[ds]16. The first and the foremost aspect, we would like to clarify, is that in the case of direct recruitment, the preparation of inter se merit list of the selected candidates is inevitable, even in the absence of an explicit provision in the rule or policy, the recruitment authority cannot place the candidates inte...
0
7,092
3,247
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: in para 36 of the report in Bimlesh Tanwar (supra) and this Court recorded that the same was not correct. In...
Royal Talkies, Hyderabad and Others Vs. Employees State Insurance Corp
of employees on the premises, whether they are there in the work or are merely in connection with the work of the establishment.9. Merely being employed in connection with the work of an establishment, in itself, does not entitle a person to be employee. He must not only be employed in connection with the work of the e...
0[ds]In short, the social orientation, protective purpose and human coverage of the Act are important considerations in the statutory construction, more weighty than mere logomachy or grammaticalis common ground that there is no statutory obligation on me part of the appellants to run canteens or keep cycle stands. It ...
0
4,144
1,969
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of employees on the premises, whether they are there in the work or are merely in connection with the w...
Sakiri Vasu Vs. State Of U.P
154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned Magistrate under Section 156(3). 26. If a person has a grievance that his FIR has not been registered by the police station his first remedy is to approach the Superintendent of Police under Sect...
0[ds]In the present case, we are of the opinion that the material on record does not disclose a prima facie case calling for an investigation by the CBI. The mere allegation of the appellant that his son was murdered because he had discovered some corruption cannot, in our opinion, justify a CBI inquiry, particularly w...
0
3,264
202
### 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: 154(3) and Section 36 Cr.P.C. before the concerned police officers, and if that is of no avail, by approaching the concerned...
O. N. Bhatnagar Vs. Smt. Rukibai Narsindas & Ors
summary procedure f or the determination of the disputes relating to the internal management of the societies, the Rent Act was intended to achieve a different social objective i.e. to prevent the eviction of tenants and enhancements of rent, and then went on to s ay that it was necessary that a dispute between the lan...
0[ds]In our opinion, there is a felt need at the very outset to displace the appellants apprehensions that the effect of upholding the judgment of the High Court would be to throw all licensees of residential flats in multi-storeyed buildings belonging to cooperative housing societies without any protection. The appreh...
0
7,326
724
### 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: summary procedure f or the determination of the disputes relating to the internal management of the societies...
Ruchi Majoo Vs. Sanjeev Majoo
and attitude on the part of the appellant or her parents can hardly be appreciated. What the appellant ought to appreciate is that feeding the minor with such dislike and despire for his father does not serve his interest or his growth as a normal child. It is important that the minor has his fathers care and guidance,...
1[ds]he appellants case is that although the couple and their son had initially planned to return to U.S.A. that decision was taken with the mutual consent of the parties changed to allow the appellant to stay back in India and to explore career options here. Master Kush was also according to that decision of his paren...
1
11,534
3,517
### 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: and attitude on the part of the appellant or her parents can hardly be appreciated. What the appellant ought ...
Commnr. Of Trade Tax, U.P Vs. M/S. Modipan Fibres Company
production at 12,222,827 metric tones. It disclosed sales of 313.206 metric tones in the State of U.P. and 1008.55 metric tones as interstate sales. 10,461.189 metric tones of goods were shown as stock transfer. The assessee thus claimed that total sale of the goods was 11782.945 metric tones. The base production accor...
0[ds]Purpose of granting exemption under the dated 27.7.1999 was to promote the development of certain industries in the State. By the said notification exemption from payment of tax or reduction in rate of tax was granted to new units as also to the units which had undertaken expansion, diversification or modernizatio...
0
1,987
434
### 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: production at 12,222,827 metric tones. It disclosed sales of 313.206 metric tones in the State of U.P...
Life Insurance Corporation of India Vs. K.R. Krishnamurthi
have put in at least 10 years service shall be eligible for appearing at the qualifying test."5. At the end of these administrative orders appears the following note by way of explanation of them6. Note 1. The term service where it occurs shall, unless otherwise explicitly stated, include service in the corporation, se...
1[ds]7. It appears that the respondent first joined the Mysore Government of February 22, 1950. He was then employed in the food section as a purchase depot clerk at Malur. From November 16, 1953, he was appointed as a third division clerk in the taluka office at Malur. It was only on January 2, 1956, that the responde...
1
2,091
691
### 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: have put in at least 10 years service shall be eligible for appearing at the qualifying test."5. At the end ...
V.C., Banaras Hindu University Vs. Shrikant
Standing Orders which reads as under: "9.(f) Any workman who,* * *(ii) absents himself for ten consecutive working days without leave shall be deemed to have left the firms service without notice, thereby terminating his service." 59. The workman therein offered an explanation and having regard thereto, the Labour Cour...
0[ds]61. The well settled principle of law as regards necessity to comply with the principles of natural justice was again reiterated,is an antithesis to rule of law, equity, fair play and justice contract of employment there may be but it cannot be devoid of the basic principles of the concept of justice. Justice-orie...
0
9,073
831
### 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: Standing Orders which reads as under: "9.(f) Any workman who,* * *(ii) absents himself for ten consecutive working days wi...
Sanat Kumar Auddy and Another Vs. Prodyot Kumar Auddy and Others
KHANNA, J.1. This appeal by special leave is against the judgment of the Calcutta High Court affirming on revision the decision of the trial Court whereby certain amounts had been ordered to be paid to the defendant-respondents.2. The appeal arises out of a suit for partition and rendition of accounts instituted on Aug...
1[ds]4. We have heard Mr. Mookerjee on behalf of the appellant and Mr. Sukumar Ghose and Mr. Majumdar on behalf of the respondents and are of the view that the order of the High Court under appeal cannot be sustained. Clause (8) of thespecifically deal with the amount of compensation paid in connection with the acquisi...
1
657
278
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: KHANNA, J.1. This appeal by special leave is against the judgment of the Calcutta High Court affirming ...
Pankaj Kumar Chakrabarty And Ors Vs. State Of West Bengal
1968, D/- 31-1-1969 = (AIR 1969 C 1028) (supra) show that Cl. (5) of Article 22 not only contains the obligation of the appropriate Government to furnish the grounds and to give the earliest opportunity to make a representation but also by necessary implication the obligation to consider that representation. Such an ob...
1[ds]10. It is true that Clause (5) does not in positive language provide as to whom the representation is to be made and by whom, when made, it is to be considered. But the expressions "as soon as may be" and "the earliest opportunity" in that clause clearly indicate that the grounds are to be served and the opportuni...
1
3,525
1,243
### 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: 1968, D/- 31-1-1969 = (AIR 1969 C 1028) (supra) show that Cl. (5) of Article 22 not only contains the o...
The Branch Manager, M/s. Magma Leasing & Finance Limited & Another Vs. Potluri Madhavilata & Another
the arbitration clause." 17. Recently, in the case of P.Manohar Reddy & Bros. vs. Maharashtra Krishna Valley Development Corporation And Ors (2009) 2 SCC 494. , while dealing with the argument of the respondent therein that in terms of the contract the claim for extra work or additional work should have been raised dur...
1[ds]18. The statement of law expounded by Viscount Simon, L.C. in the case of Heyman as noticed above, in our view, equally applies to situation where the contract is terminated by one party on account of the breach committed by the other particularly in a case where the clause is framed in wide and general terms. Mer...
1
5,826
354
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the arbitration clause." 17. Recently, in the case of P.Manohar Reddy & Bros. vs. Maharashtra Krishna Valley Development C...
I.C.D.S. Ltd Vs. Beena Shabeer
Negotiable Instruments Act." (6) After having noted the interpretation of the High Court as regards Section 138 of the Act, time has thus now come for us to assess the acceptability of such a wisdom. Before however doing so, a brief factual reference would be convenient.The facts reveal : The appellant herein is a Comp...
1[ds](11) The issue as regards the co-extensive liability of the guarantor and the principal debtor, in our view, is totally out of the purview of Section 138 of the Act, neither the same calls for any discussion therein. The language of the Statute depicts the intent of the law-makers to the effect that wherever there...
1
2,065
344
### 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: Negotiable Instruments Act." (6) After having noted the interpretation of the High Court as regards Section 1...
K. Srinivas Rao Vs. D.A. Deepa
Being trained in the skill of mediation, they produce good results. 33. The idea of pre-litigation mediation is also catching up. Some mediation centres have, after giving wide publicity, set up Help Desks at prominent places including facilitation centres at court complexes to conduct pre-litigation mediation. We are ...
0[ds]28. In the ultimate analysis, we hold that the respondent-wife has caused by her conduct mental cruelty to the appellant-husband and the marriage has irretrievably broken down. Dissolution of marriage will relieve both sides of pain and anguish. In this Court the respondent-wife expressed that she wants to go back...
0
6,795
1,102
### 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: Being trained in the skill of mediation, they produce good results. 33. The idea of pre-litigation mediation is also catc...
M.D.Jacob Vs. United India Insurance Ltd
Shiva Kirti Singh, J. 1. Heard learned Counsel for the appellant and learned Counsel for the respondent-Insurance Company. 2. The appellant was a victim of road accident on 27th July, 1997. On account of several serious injuries including amputation of complete left hand, severe injuries in head, dislocation of bones i...
1[ds]the Tribunal assessed the earning capacity of the appellant as Rs. 5,000 p.m. and accordingly allowed a sum of Rs. 60,000 as loss of earning capacity for a period of one year and by adopting the multiplier of 11 allowed Rs. 6,60,000 as loss of futuregood reasons treated the monthly income of the appellant to be Rs...
1
684
158
### 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: Shiva Kirti Singh, J. 1. Heard learned Counsel for the appellant and learned Counsel for the respondent-Ins...
Narendrakumar J. Modi Vs. Commissioner of Income Tax, Gujarat II, Ahmedabad
portions, each member getting an equal share, on October, 1954; (c) directing the respondent and his subordinates to cancel or withdraw the impugned orders and all steps taken for the recovery of the amounts so. assessed; (d) directing the respondent and his subordinates not to take any further steps for the recovery o...
0[ds]It seems to us that the High Court rightly dismissed the appellants petition in limine. Since the valuation under Article 133(1)(b) was beyond Rs. 20, 000/-, the appellant was granted a certificate as a matter of courseNone of the points urged on behalf of the appellant merits any detailed discussion. We were take...
0
2,160
646
### 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: portions, each member getting an equal share, on October, 1954; (c) directing the respondent and his subordinates to cancel...
Sejal Glass Ltd Vs. Navilan Merchants Pvt. Ltd. And Ors
Judge was in error in upholding the rejection as to a part and setting aside the rejection in regard to the other part. This appeal which I am treating as a petition for revision must therefore be allowed and the rule made absolute, and I order accordingly." 8. In (Sree Rajah) Venkata Rangiah Appa Rao Bahadur and anoth...
1[ds]5. In our view, the impugned judgment is wrong on principle.It is settled law that the plaint as a whole alone can be rejected under Order VII Rule 11.We are afraid that this is a misreading of the Madras High Court judgment. It was only on the peculiar facts of that case that want of Section 80 CPC against one de...
1
2,147
339
### 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: Judge was in error in upholding the rejection as to a part and setting aside the rejection in regard to...
Baroda Borough Municipality Vs. Its Workman
not dealt with by the Municipal Act; it is dealt with by the Industrial Act, 1947. Therefore, it is not relevant consideration whether there are provisions in the Municipal Act with regard to payment of bonus. The provisions of the Municipal Act are relevant only for the purposes of determining the quality or nature mu...
1[ds]4. It is now finally settled by the decision of this Court in D. N. Banerjee v. P.R. Mukerjee (A) (supra) that a municipal undertaking of the nature, we have under consideration here is an industry within the meaning of the definition of that word in S.2 (j) of the Industrial Disputes Act 1947 and that the express...
1
6,541
1,950
### 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: not dealt with by the Municipal Act; it is dealt with by the Industrial Act, 1947. Therefore, it is not relevant considerati...
Kt. N. Rm. Thenappa Chettiar & Ors Vs. N. S. Kr. Karuppan Chettiar & Ors
of the Report the (Mad LJ) = (at p. 1152 of AIR) the High Court stated as follows :"If persons invite subscriptions on a representation that they would devote the subscriptions so collected to a particular purpose and they divert the subscriptions to some other purpose the subscribers have to object to the funds being ...
1[ds]5. As we have already stated, the appellants have failed to prove that all the contributories were the joint founders of the trust and that they were all in turns entitled to management in proportion to the amounts that they had contributed. On the other hand, the evidence makes it quite clear that the contributor...
1
3,568
862
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of the Report the (Mad LJ) = (at p. 1152 of AIR) the High Court stated as follows :"If persons invite subscriptio...
B.D. Bharucha,Bombay Vs. Commissioner Of Income-Tax, Central Bombay
by the appellant was, therefore, a capital loss and not a revenue loss. As required by the appellant the Tribunal stated a case to the High Court under S. 66 (1) of the Income-tax Act on the following question of law:"Whether the aforesaid loss of Rupees 80,759 is deductible under any of the provisions of the Act?" By ...
1[ds]We are unable to accept the argument of the respondent that the transaction between the parties under the agreement, dated January 5, 1953 was not a money-lending transaction or a transaction in the nature of a financial deal in the course of the appellants business.If Cl. 3 of the agreement is taken in isolation ...
1
1,977
545
### 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: by the appellant was, therefore, a capital loss and not a revenue loss. As required by the appellant the Tri...
Villayati Ram Mittal P.Ltd Vs. Union Of India
the Writ Petition after holding that the correction of the bid made by the petitioner amounted to revocation of its original offer and hence the respondent No.2 was entitled to forfeit the earnest money furnished by the petitioner in terms of Clause 6 of the Notice. 4. Learned counsel for the petitioner submitted that ...
0[ds]6. We find that Clause 6 of the Notice clearly stipulated that "if any firm revokes its offer during the validity period, its earnest money shall be forfeited". Hence, the question that arose before the High Court for decision was whether the petitioner by revising one of the figures in its tender from Rs.23,76,00...
0
1,438
473
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the Writ Petition after holding that the correction of the bid made by the petitioner amounted to revocation of its origina...
Hindustan Antibiotics Ltd Vs. The Workmen & Ors
such as to be described as a flagrant violation of the fixation of the wage structure. Almost always no Tribunal fixes nor can fix the wage structure to reach the perfection point. If no principle is violated, this Court will no interfere on the ground that it would have fixed the wages at a lower level than the Tribun...
0[ds]11. A combined reading of these provisions indicates-indeed it is not disputed that the Act regulates the relationship of employer and employee irrespective of the fact that the employer is the State Government or not. But what is stated is that though the said Act governs the relationship between the employers an...
0
11,093
2,422
### 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: such as to be described as a flagrant violation of the fixation of the wage structure. Almost always no Tribu...
Saroj Kumar Poddar Vs. State (Nct Of Delhi)
the complaint petition but the same principally relate to the purported offence made by the Company. With a view to make a Director of a Company vicariously liable for the acts of the Company, it was obligatory on the part of the complainant to make specific allegations as are required in law. 16. The question came up ...
1[ds]and all other Directors were also made accused. The appellant did not issue any cheque. He, as noticed hereinbefore, had resigned from the Directorship of the Company. It may be true that as to exactly on what date the said resignation was accepted by the Company is not known, but, even otherwise, there is no aver...
1
2,771
148
### 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 complaint petition but the same principally relate to the purported offence made by the Company. With ...
M/S Kss Kssipl Consortium Thro. Its Constituted Attorney Mr. Devendra Kumar Vs. M/S Gail (India) Ltd
a sole arbitrator in respect of the disputes arising from each of the two agreements. The said demand was repeated in several communications which were not responded to. The petitioner, therefore, has lodged the present applications under Section 11(6) of the Arbitration Act for the reliefs earlier noticed.7. The claim...
1[ds]9. Insofar as the claim of payments for additional works is concerned, according to the respondent, clause 91.0 of the GCC deals with such claims. Clauses 91.1 and 91.2 contemplate that such claims will be verified by thewhose decision will be final. The respondent further states that the claims made by the petiti...
1
1,735
711
### 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: a sole arbitrator in respect of the disputes arising from each of the two agreements. The said demand was r...
CLP INDIA PVT LTD Vs. GUJARAT URJA VIKAS NIGAM LTD.
recent projects such as Mejina, it was assigned debt equity ratio of 70:30 on capital structure as specified in the Regulations. This finding has become final. It was contended on behalf of the Appellant that equity has been the primary source of capital. Thereafter,in paragraph A-10, it was found by the Appellate Trib...
0[ds]15. At the outset, it is noticeable that on the issue, whether amounts paid to CLP, for the period 1998 to 2005 onwards, were in excess of what was actually payable by Gujarat Urja, the findings of GERC and the APTEL are concurrent. This court does not discern any unreasonableness or facial omission of material fa...
0
6,296
1,359
### 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: recent projects such as Mejina, it was assigned debt equity ratio of 70:30 on capital structure as specified in the Regula...
GURNAM SINGH (D) BY LRS Vs. LEHNA SINGH(D) BY LRS
confined only when the second appeal involves a substantial question of law. The existence of ‘a substantial question of law? is a sine qua non for the exercise of the jurisdiction under Section 100 of the CPC. As observed and held by this Court in the case of Kondiba Dagadu Kadam (Supra), in a second appeal under Sect...
1[ds]13. At the outset, it is required to be noted that the learned Trial Court held the Will dated 17.01.1980, which was executed in favour of original defendant Nos. 2 to 6, surrounded by suspicious circumstances and therefore did not believe the said Will.13.1. The suspicious circumstances which were considered by t...
1
4,341
1,122
### 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: confined only when the second appeal involves a substantial question of law. The existence of ‘a substantial question of l...
HINDUSTAN CONSTRUCTION COMPANY LTD Vs. NHPC LTD. & ORS
R.F. Nariman, J. SPECIAL LEAVE PETITION (C) NO. 402/2020: 1. Leave granted. 2. We have heard learned counsel appearing for the parties. 3. By an order dated 14.11.2019 passed by the learned Additional District Judge-cum-Presiding Judge, Special Commercial Court at Gurugram in Arbitration Case No. 252 of 2018, the learn...
1[ds]This Court in Civil Appeal No. 9307 of 2019 entitled BGS SGS Soma JV vs. NHPC Ltd. delivered a judgment on 10.12.2019 i.e. after the impugned judgment was delivered, in which reference was made to Section 42 of the Act and a finding recorded thus:61. Equally incorrect is the finding in Antrix Corporation Ltd. (sup...
1
748
548
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: R.F. Nariman, J. SPECIAL LEAVE PETITION (C) NO. 402/2020: 1. Leave granted. 2. We have heard lear...
Budh Singh Vs. State Of M.P
tissues of some of the parts of the body had been eaten away by fish. Medical science has not achieved such perfection so as to enable a medical practitioner to categorically state in regard to the exact time of death. In a case of this nature, it was difficult to pinpoint the exact time of death. The autopsy surgeon t...
0[ds]as to whether the First Information Report is an ante timed one or not must be considered having regard to the facts and circumstances of theof time between the actual death and the post mortem examination has been stated to be within 36is now well settled that the lapse of time of taking place of death cannot be ...
0
3,526
98
### 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: tissues of some of the parts of the body had been eaten away by fish. Medical science has not achieved such perfe...
TATA CONSULTANCY SERVICES LIMITED Vs. CYRUS INVESTMENTS PVT. LTD. AND ORS
Act. Therefore, it is clear that Sub- section (4) ceased to exist on and from 13.12.2000 and hence the question of Tata Sons seeking the approval of the Central Government under Sub-section (4) during the period 2000-2013 did not arise. 20.38 The only provision that survived after 13.12.2000 was Sub-section (2A) of Sec...
1[ds]8.1 As pointed out at the beginning of chapter 7, NCLT dealt with every one of the allegations of oppression and mismanagement and recorded reasoned findings. But NCLAT, despite being a final court of facts, did not deal with the allegations one by one nor did the NCLAT render any opinion on the correctness or oth...
1
54,000
7,784
### 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: Act. Therefore, it is clear that Sub- section (4) ceased to exist on and from 13.12.2000 and hence the que...
State of Haryana and Others Vs. Lal Chand and Others
within a radius of three miles from the State border. Nor would this amount to a breach of the conditions on the part of the State Government of Haryana or furnish a ground absolving the respondents of their liability to pay the shortfall. The second contention that the respondents had withdrawn their bid and were ther...
1[ds]There was a fundamental breach of an essential condition by the respondents. In a commercial contract of this nature, for the performance of which a definite time has been fixed and the contract specifies the mode of payment i.e. specifies the dates on which The installments of the licence fee are to be paid, time...
1
6,800
309
### 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: within a radius of three miles from the State border. Nor would this amount to a breach of the conditions o...
Company Law Board Vs. Upper Doab Sugar Mills Limited Etc
or exemption."6. After hearing learned counsel for the parties and giving the matter our earnest consideration, w e are of the opinion that the view taken by the High Court in quashing the condition imposed by the appellant Board about the fixation of the remuneration of the managing directors cannot be sustained. The ...
1[ds]After hearing learned counsel for the parties and giving the matter our earnest consideration, w e are of the opinion that the view taken by the High Court in quashing the condition imposed by the appellant Board about the fixation of the remuneration of the managing directors cannot be sustained. The High Court i...
1
3,276
1,086
### 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: or exemption."6. After hearing learned counsel for the parties and giving the matter our earnest considerati...
C. Krishna Prasad Vs. Commissioner of Income Tax Bangalore
above it cannot be denied that the appellant at present is the absolute owner of the property which fell to his share as a result of partition and that he can deal with it as he wishes. There is admittedly no female member in existence who is entitled to maintenance from the above mentioned property or who is capable o...
0[ds]6. Section 4 of the Act provides for the charging of income-tax on the total income of every person subject to the conditions prescribed in that section. "Person" has been defined in Section 2 (31) of the Act and includes inter alia, an individual and a Hindu undivided family.The inherent fallacy of the case set u...
0
2,477
1,430
### 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: above it cannot be denied that the appellant at present is the absolute owner of the property which fell to h...
Union Of India & Ors Vs. North Telumer Colliery & Ors
satisfy their other liabilities. According to the High Court whole of the interest amount is to be exclusively given to the mine owners and the claims and liabilities are to be satisfied only out of the principal amount payable to the mine owners under the Coal Act. To support these conclusion the High Court has given ...
1[ds]6. The scheme of the Coal Act and the bare reading of its provisions make it clear that the Commissioner has to adjudicate the claims of creditors of the mine owners in accordance with the priorities. The claims, accepted by the Commissioner, are to be satisfied out of the amount payable to the mine owners and the...
1
3,094
1,199
### 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: satisfy their other liabilities. According to the High Court whole of the interest amount is to be exclusively giv...
Vemireddy Satyanarayan Reddy & Others Vs. State of Hyderabad
death. His body was buried in a pit dug in he river bed. The rope which was found round the neck of the dead body when it was exhumed is said to be the rope with which P. Ws.3 to 6 and 9 were tied up and as the one that the members of the gang brought from the house of Silam Brahmareddi (P. W. 17) earlier that evening ...
0[ds]There is, however, no warrant for such an extreme proposition.Indeed, there can be no doubt that the evidence of a man like P. W. 14 should be scanned with much caution and we must be fully satisfied that he is a witness of truth, especially when no other person was present at the time to see the murder. Though he...
0
2,993
714
### 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: death. His body was buried in a pit dug in he river bed. The rope which was found round the neck of the dead body when it...
ANAND YADAV & ORS. Vs. STATE OF UTTAR PRADESH & ORS.
contesting respondent to contend how and in what manner a degree should be obtained, which would make them eligible for appointment by respondent No. 2. 32. We hasten to add that it is not our view that an employer like respondent No. 2 can do as they please - they are guided and bound by the terms of the UGC Act and t...
1[ds]26. We must, at the inception, express our reservation about the manner in which the writ petition was filed and a decision was taken in the impugned order of the High Court without even calling upon the relevant authorities, i.e., the UGC and the NCTE to put forth their stand. The first authority is undisputedly ...
1
8,442
1,855
### 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: contesting respondent to contend how and in what manner a degree should be obtained, which would make t...
M/s. Surendra Trading Company Vs. M/s. Juggilal Kamlapat Jute Mills Company Limited & Others
If it is complete, the same shall be posted for preliminary hearing before the adjudicating authority. If there are defects, the applicant would be notified about those defects so that these are removed. For this purpose, seven days time is given. Once the defects are removed then the application would be posted before...
1[ds]4. A reading of the aforesaid provision would reflect that time limits for taking certain actions by either the operational creditor or adjudicating authority are mentioned therein. As per(1) of Section 9, application can be filed after the expiry of period of ten days from the delivery of notice or invoice demand...
1
8,019
1,109
### 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: If it is complete, the same shall be posted for preliminary hearing before the adjudicating authority. If there are defect...
Kollam Chandra Sekhar Vs. Kollam Padma Latha
after careful perusal of the contents of Exh.B-10. In our considered view, the contents of the report as stated by the team of doctors do not support the case of the appellant that the respondent is suffering from a serious case of schizophrenia, in order to grant the decree of divorce under Section 13(1) (iii) of the ...
0[ds]On careful scrutiny of the pleadings and evidence on record and the decision of this Court referred to above, the provision of Section 13(1) (iii) of the Act is interpreted and the meanings of unsound mind and mental disorder as occurring in the above provisions of the Act are examined and referred to in the impug...
0
6,971
1,684
### 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: after careful perusal of the contents of Exh.B-10. In our considered view, the contents of the report as stated by the team ...
DR. MANOHAR GANAPATHI RAVANKAR Vs. H. GURUNANDA RAIKAR
hand over the actual physical possession. I request you to go through the accompanying draft sale deed which is sent for approval and request you to furnish upto date encumbrance certificate, taxes paid receipt, electricity and water consumption bill paid receipts so as to execute the sale deed within this week i.e. on...
0[ds]9. We find that the High Court erred in law in granting a decree for payment of Rs. 7,01 000/- more so when the High Court has returned a finding that the Plaintiff was not ready and willing to execute the contract merely on the basis that original title deeds might have been handed over to the Plaintiff when sum ...
0
1,890
629
### 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: hand over the actual physical possession. I request you to go through the accompanying draft sale deed which ...
MAHESH KUMAR Vs. STATE OF HARYANA
obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. Evidence in that regard has to be led by the prosecution. Soon before is a relative term and it would depend upon the circumstances of each case and no straitjacket formula can be laid down as to ...
1[ds]14. In the present case, the prosecution relies upon the statement of PW3 Sohan Lal - father and PW4 Rajbir - brother of the deceased which has been made basis of conviction by courts below. However, we find that such statements are not sufficient to provethat the deceased was treated with cruelty relating to dema...
1
2,946
479
### 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: obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operate...
P. Saraswathi Devi Vs. Andhra Pradesh State Consumer Redressal Commission & Others
The manner in which a complaint is to be filed is provided for under Section 12 and the steps to be taken thereon, are indicated in Section 13. Section 12 and clauses (a) and (b) of Section 13 of the Act read: 12. Manner in which complaint shall be made.— (1) A complaint in relation to any goods sold or delivered or ag...
1[ds]From a perusal of this, it becomes manifest that one of the important objectives was to provide speedy and simple redressal to the consumer disputes. In categorical terms, the Parliament made it clear that the fora to be established for this purpose are going to bel in nature and even while requiring them to obser...
1
3,432
996
### 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 manner in which a complaint is to be filed is provided for under Section 12 and the steps to be taken th...
G. Gilda Textile Agency Vs. State Of Andhra Pradesh
a dealer under S. 14-A and thus liable to tax under that section.4. Section 14-A of the Act reads as follows:In the case of any person carrying on the business of buying and selling goods in the State but residing outside it (hereinafter in this section referred to as a non-resident), the provisions of this Act shall a...
0[ds]5. The section makes the agent liable fictionally as a dealer in the circumstances laid down in the section, viz., that he is acting on behalf of a non-resident person doing business of buying or selling goods in the State. The agent is assessed to tax under the Act in respect of the business of such non-resident ...
0
1,729
737
### 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: a dealer under S. 14-A and thus liable to tax under that section.4. Section 14-A of the Act reads as follows:In the case o...