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Rohtas Industries Ltd Vs. Its Workmen & Others
Appellate Tribunal in its order has mentioned that the attempt to challenge the award of the Tribunal on the point of multipliers and the age of the machinery and buildings was a half-hearted one. Whether or not it was so, we are satisfied that the Appellate Tribunal agreed with the conclusion of the Tribunal on the po...
1[ds]7. There can be no doubt about the soundness of this contention. Whether or not the employer will find it possible or practicable to adjust in accordance with the terms of the settlement any amount by which the bonus awarded by the Tribunal is ultimately reduced is of no relevance on the question as to what the co...
1
2,307
1,376
### 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: Appellate Tribunal in its order has mentioned that the attempt to challenge the award of the Tribunal o...
Kosha Investments Ltd Vs. Securities & Exchange Bd Of India
exceed 25 per cent.6. It will be relevant at this stage to extract Regulations 11(1), 13, 14(1) and 14(2) in order to appreciate the submissions.These read as follows : “11. (1) No acquirer who, together with persons acting in concert with him, has acquired, in accordance with the provisions of law, 15 per cent or more...
0[ds]8. Hence, the main contention advanced on behalf of the appellant is found to be without any merit. The other contention is that Regulation 14(2) of the Regulations of 1997 postpones the time for required public announcement to acquisition of voting rights when purchased securities are actually converted. Accordin...
0
2,953
389
### 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: exceed 25 per cent.6. It will be relevant at this stage to extract Regulations 11(1), 13, 14(1) and 14(2) in...
State of Odisha & Ors Vs. Bichitrananda Das
6 August 2008 and that the purported communication dated 19 April 2006 appears to be an ante-dated document. Be that as it may, it was urged that as a matter of principle it was not open to the respondent to claim that the conversion charges be computed on the basis of the rate prevalent on the date of the application....
1[ds]18. The record shows that on 13 May 2004, the Land Officer informed the respondent that he was unauthorisedly in occupation of land admeasuring 60? x 63? which had been covered by barbed wire fencing, which was being used for the purpose of a garden. The respondent addressed a communication on 6 August 2008, stati...
1
2,643
626
### 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: 6 August 2008 and that the purported communication dated 19 April 2006 appears to be an ante-dated document. Be that as it m...
State Of Maharashtra Vs. Indian Hotel & Retaurants Assn
with the submissions that whereas exempted establishments are held to standards higher than those prescribed; the eating houses, permit rooms and dance bars operate beyond/below the control of the regulations. Another justification given is that though it may be possible to regulate these permit rooms and dance bars wh...
0[ds]The High Court rejected the challenge to the impugned Act on the ground that the State legislature was not competent to enact the amendment. The argument was rejected on the ground that the amendment is substantially covered by Entries 2, 8, 33 and 64 of List II. The High Court further observed that there is no re...
0
30,327
2,930
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: with the submissions that whereas exempted establishments are held to standards higher than those prescribed...
Commissioner Of Income-Tax, Bombay Vs. M/S. Amritlal Bhogilal & Co
that the Commissioner had no authority to set aside the registration order passed by the Income-tax Officer granting registration to the respondent for the years 1947-48 and 1948-1949.16. The case in regard to the subsequent year 1949-50 presents no difficulty. The appeal preferred by the respondent against the Income-...
1[ds]Section 30 (1) gives the assessee the right to prefer appeals against the orders specified in the said Section. The assessee firm can, for instance, object to the amount of income assessed under S. 23 or S. 27. The assessee firm can also object to the order passed by the Income-tax Officer refusing to register it ...
1
5,340
1,870
### 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: that the Commissioner had no authority to set aside the registration order passed by the Income-tax Officer granting regis...
The Oriental Insurance Co. Ltd. and Others Vs. Hansrajbhai V. Kodala and Ors.
When the Legislature has taken care of using different phrases in different sections, normally different meaning is required to be assigned to the language used by the Legislature unless context otherwise requires. However, in relation to the same subject matter, if different words of different import are used in the s...
1[ds]21. In the result, the contention of the claimants that right to get compensation under Section 163A is additional to claim compensation on no fault liability is rejected for the following reasons:-(l)There is no specific provision in the Act to the effect that such compensation is in addition to the compensation ...
1
8,777
362
### 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: When the Legislature has taken care of using different phrases in different sections, normally different meaning i...
Commissioner of Income Tax Vs. Shri Rama Multi Tech Ltd
Civil Appeal Nos. 4072-4073 of 20071. The only question on which the leave has been granted by this Courts order dated August 31, 2007 is as follows:"When the Assessee had itself capitalized the interest and other expenditure incurred towards creation assets. Whether the Commissioner of Income-tax (Appeals) and the Tri...
1[ds]6. We find that this Court in the case of Deputy CIT v. Core Health Care Ltd. [2008] 2 SCC 465 : [2008] 298 ITR 194 (SC) has affirmed the view taken by the Gujarat High Court7. In this view of the matter, we are of the considered opinion that the Income-tax Appellate Tribunal was justified in allowing the expe...
1
550
111
### 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: Civil Appeal Nos. 4072-4073 of 20071. The only question on which the leave has been granted by this Courts ...
Income Tax Officer, New Delhi Vs. Delhi Development Authority
far the period prior to 1.4.1989 is concerned, the appellant?s case is that interest has been rightly calculated under Section 244(1) of the Act. It is submitted that Sub-section (1A) of Section 244 will not be applicable since the payment of tax was not made in pursuance of any order or assessment. This contention in ...
0[ds]6. In the case in hand, as indicated earlier, the direction to refund the amount has been made in appellate proceedings before the Tribunal. The amount is to be refunded to the assessee. It cannot be said that thewill not be an assessee only for the reason that actually no assessment proceeding had taken place. It...
0
1,950
513
### 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: far the period prior to 1.4.1989 is concerned, the appellant?s case is that interest has been rightly calculated ...
State Of West Bengal Vs. Administrator, Howrah Municipality & Ors
to the Ex. Government Pleader as well as the copy of the latters reply dated January 29, 1966 were also filed in the High Court. In the letter dated December 18, 1965, the Collector, after a reference to the relevant provisions of the Legal Remembrancers Manual informed the Ex. Government Pleader that the latter had no...
1[ds]26. The legal position when a question arises under S. 5 of the Limitation Act is fairly well settled. It is not possible to lay down precisely as to what facts or matters would constitute sufficient cause under S. 5 of the Limitation Act. But it may be safely stated that the delay in filing an appeal should not h...
1
7,471
1,742
### 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: to the Ex. Government Pleader as well as the copy of the latters reply dated January 29, 1966 were also file...
Commisoner Of Income Tax, Bombay Vs. Italindia Cotton Co. (P) Ltd
beneficially held shares of the company carrying not less than fifty-one per cent. of the voting power on the last day of the year or years in which the loss was incurred ; or(b) the Income-tax Officer is satisfied that the change in the shareholding was not effected with a view to avoiding or reducing any liability to...
0[ds]Upon careful consideration, we are of the opinion that the conditions are intended to operate as alternative to one another. If the terms of either clause (a) or clause (b) are satisfied, the disqualification suffered by a company, by reason of a change in the shareholding in the previous year, is removed, and the...
0
2,085
762
### 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: beneficially held shares of the company carrying not less than fifty-one per cent. of the voting power on the last...
B.N. Nagarajan and Others Vs. State of Karnataka and Others Etc
to State of Mysore and Another v. S. V. Narayanappa(1) and R. N. Nanjundappa v. T. Thimmiah and Another(2). In the former this Court observed: "Before we proceed to consider the construction placed by the High Court on the provisions of the said order we may mention that in the High Court both the parties appear to hav...
1[ds]In this view of the matter we cannot agree with Mr. Nariman that the scope of the writ petitions is limited as stated by himIt is common ground between the parties that the posts comprised in the cadre of Assistant Engineers constituted by the Recruitment Rules have yet to be filled in for the first time. The prov...
1
4,779
878
### 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 State of Mysore and Another v. S. V. Narayanappa(1) and R. N. Nanjundappa v. T. Thimmiah and Another...
M/S Godavari Finance Co Vs. Degala Satyanarayanamma
What is, therefore, essential for passing an award is to find out the liabilities of the persons who are involved in the use of the vehicle or the persons who are vicariously liable. The insurance company becomes a necessary party to such claims as in the event the owner of the vehicle is found to be liable, it would h...
1[ds]13. In case of a motor vehicle which is subjected to a hire purchase agreement, the financer cannot ordinarily be treated to be the owner. The person who is in possession of the vehicle, and not the financer being the owner would be liable to pay damages for the motor accident.In terms of the aforesaid provisions,...
1
2,664
410
### 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: What is, therefore, essential for passing an award is to find out the liabilities of the persons who are in...
INDIAN BANK Vs. K. PAPPIREDDIYAR
the other hand, reliance was placed by learned Counsel appearing on behalf of the first respondent on a recent judgment of this Court in ITC Limited v Blue Coast Hotels Limited , in support of the submission, that no security interest could be created in respect of agricultural land, having due regard to the provisions...
1[ds]8. The expression security interest, both before and after the amendment, excludes what is specified in Section 31. Clause (i) of Section 31 stipulates that the provisions of the Act will not be applicable to any security interest created in agricultural land. The statutory dictionary in Section 2 does not contain...
1
1,856
688
### 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 other hand, reliance was placed by learned Counsel appearing on behalf of the first respondent on a rec...
Manjusri Raha and Others Etc Vs. B.L. Gupta and Others Etc
no doubt that whole of this amount would have to be spent, there being no other source of income and, therefore, this amount cannot be said to be lost to the estate. The certificate Ext. P-4 further shows that the deceased Raha would have got death-cum-retirement gratuity t o the extent of Rs. 13, 500/- calculated on t...
0[ds]There can be no doubt that if really a settlement has been reached between Gupta and Raha then no further decree can be passed as against Gupta. The appellant further undertook to pay Rs. 10, 000/- to Shastri in fulfilment of her claim. As Rs. 10, 000/- has already been paid to Shastri with the result that Bhuta h...
0
3,768
1,792
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: no doubt that whole of this amount would have to be spent, there being no other source of income and, therefore, ...
Yash Vardhan Mall Vs. Tejash Doshi
Side), 1914 (hereinafter referred to as the `Rules) to hold that the affidavit filed in accordance with Rule 26 thereof did not disclose legal grounds of objection to the grant of probate. The learned Single Judge further held that the Appellant did not have caveatable interest and discharged the caveat. The Division B...
1[ds]As per Rule 25, the right and interest of the caveator and the grounds for objection to the application have to be mentioned in the affidavit filed in support of the caveat. The right and interest of the caveator as the executor of rival Will dated 01.03.2013 have been mentioned in the affidavit filed in support o...
1
1,504
376
### 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: Side), 1914 (hereinafter referred to as the `Rules) to hold that the affidavit filed in accordance with Rule ...
Hope Plantations Ltd Vs. Taluk Land Board, Peermade
estoppel is based, public policy and justice, have greater force in cause of action estoppel, the subject matter of the two proceedings being identical, than they do in issue estoppel, where the subject matter is different. Once it is accepted that different considerations apply to issue estoppel, it is hard to perceiv...
1[ds]21. Form 1 under which statements/return is to be filed requires complete details of the plantation as meant in Section 2(44) of the Act. It is to be accompanied with various annexures. The appellant never claimed exemption on the ground of Cardamom plantation existing prior to 1964. It never asked for amendment o...
1
10,081
1,613
### 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: estoppel is based, public policy and justice, have greater force in cause of action estoppel, the subject matter o...
Shiv Singh Vs. Union Of India & Ors
newly created Ferozpur Telegraph Engineering Division. They opted for Jullundur East. But they could not be posted in Jullundur East for want of vacancies. 4. The petitioner along with certain other linesmen was selection for the post of Sub-Inspector by the Divisional Engineer Telegraphs Jullundur East on 13-6-1967. H...
0[ds]7. As regards the first argument, reliance is placed on the words "in the Division" in R. 464 of the Posts and Telegraphs Manual, Vol. IV. The main part of Rule 464 provides that vacancies in the grade of Sub-Inspectors should be filled from the grade of "linesmen in the Division". The argument is that the respond...
0
1,361
716
### 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: newly created Ferozpur Telegraph Engineering Division. They opted for Jullundur East. But they could not be posted in Jullun...
Monohar Das Mohanta Vs. Charu Chandra Pal & Others
observance by the settlement authorities provides that if property is found in the possession of a person who is not actually paying rent for it, it should be described as "Niskar", and if no sanad or title deed is produced by the occupant showing a rent-free title, the words "Bhog Dakhal Sutre" (by virtue of enjoyment...
1[ds]The circumstances and conditions under which a presumption of lost grant could be made are well settled. When a person was found in possession and enjoyment of land for a considerable period of time under an assertion of title without challenge, Courts in England were inclined to ascribe a legal origin to such pos...
1
3,185
632
### 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: observance by the settlement authorities provides that if property is found in the possession of a person who...
M/S Alcon Electronics Pvt. Ltd Vs. Celem S.A. Of Fos 34320 Roujan, France
the present case, since the costs imposed exceed the bar imposed by Section 35A, therefore, the order of the English Court is not executable in the present case.30. This argument lacks merit and deserves to be rejected. A bare perusal of Section 35A shows that bar operates on the Indian Courts with regard to imposition...
0[ds]A judgment can be considered as a judgment passed on merits when the Court deciding the case gives opportunity to the parties to the case to put forth their case and after considering the rival submissions, gives its decision in the form of an order or judgment, it is certainly an order on merits of the case in th...
0
5,715
1,344
### 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 present case, since the costs imposed exceed the bar imposed by Section 35A, therefore, the order of the...
Pune Municipal Corporation & Another Vs. Motibagh Co-Operative Housing Society Limited & Others
a notice in the Official Gazette and also in not less than two local newspapers inviting objections and suggestions from any person in respect of the proposed modifications within a period of one month, from the date of such notice.][Provided also that, if the Government does not publish its decision by notification in...
1[ds]12. After hearing learned counsel for the parties, we are of the considered opinion that the order passed by the High Court cannot be allowed to sustain. Later on Section 22A in the MRTP Act was inserted by Maharashtra Act No.10 of 2011 dated 05.04.2011 so as to provide what are modifications of "substantial natur...
1
2,687
470
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: a notice in the Official Gazette and also in not less than two local newspapers inviting objections and su...
Tatanagar Foundry Company Vs. Their Workmen
stated that the appellant had not costed any sleeper without pig iron at any time. Thus, the alternative plea raised by the respondents to suggest that if the appellant had so desired, it could have avoided to lay off its workmen, has also been rejected by the Tribunal. 10. We Tribunal, however, was inclined to take th...
1[ds]In other words, the reference shows that it was only 4 the Tribunal came to the conclusion that the lay-off was not justified that the question of considering what additional compensation should be paid to the respondents could arise. If the lay-off is justified and it satisfies the requirements of the definition ...
1
2,558
741
### 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: stated that the appellant had not costed any sleeper without pig iron at any time. Thus, the alternative plea raised by the...
Daisy & Another Vs. State of Kerala
to the appellant in Appeal No. 1011 of 1967 and Rs. 180/- per cent in respect of the larger plot of 255 cents and Rs. 226/- per cent in respect of the plot of 45 cents. The District Court disposed of the applications under Section 18 of the Act by enhancing the rate of compensation to Rs. 325/- per cent with regard to ...
1[ds]It is therefore clear that the acquisitions in the two cases took place within a very short space of time. As is to be seen from the map Ex.PLOT 67/1 was situated quite close to the Civil Lines and was a matter of fact now forms part of the Civil Lines itself. It was surrounded on all sides by road one of them bei...
1
1,473
351
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to the appellant in Appeal No. 1011 of 1967 and Rs. 180/- per cent in respect of the larger plot of 255...
Jagdish Kumar Sood Vs. United India Insurance Co. Ltd. & Others
Dr. D.Y. Chandrachud, J. 1. The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third respondent. The claim arose from the death of the husband of the claimant on 4 January 2009 as a result of an accident caused by a collision with an offending truck. The Tribunal awarded an amount of Rs. 4...
1[ds]4. The issue which arises before the Court is not res integra and is covered by a judgment of a three Judges of this Court in Mukund Dewangan v. Oriental Insurance Company Limited,"Light motor vehicle" as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section ...
1
546
305
### 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: Dr. D.Y. Chandrachud, J. 1. The Motor Accident Claims Tribunal allowed a claim for compensation filed...
Nikhil Merchant Vs. C.B.I.
the appellant showing inflated stocks to induce the Bank to provide additional credit facility and funds which it would not have otherwise been legally entitled to.16. Rebutting the submissions made on behalf of the appellant, the learned Additional Solicitor General referred to the provisions of Sections 463 and 464 I...
1[ds]Having carefully considered the facts of the case and the submissions of learned counsel in regard thereto, we are of the view that, although, technically there is force in the submissions made by the learned Additional Solicitor General, the facts of the case warrant interference in these proceedings.21. The basi...
1
3,245
507
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the appellant showing inflated stocks to induce the Bank to provide additional credit facility and funds which it would not ...
Jaydayal Poddar (Deceased) Through His L.Rs Andanother Vs. Mst. Bibi Hazra And Ors
used to look after her affairs. Neither the actual delivery of Rs. 1700/- before the Sub-Registrar by Abdul Karim nor the recitals made in Ex. D/1 could be accepted as evidence of Abdul Karim being the real purchaser. Obviously he was acting only as an agent of his Pardanishin wife. For the same reasons, no significanc...
0[ds]This contention does not appear to be tenable. It is not proper to tear the above recitals out of the context and read them in isolation. They must be read with the preceding and succeeding contents of the document (Ex. D/1) and also the connected recitals in the sale-deed, (C-(1)-(II)) dated 1st April, 1942. In t...
0
3,566
970
### 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: used to look after her affairs. Neither the actual delivery of Rs. 1700/- before the Sub-Registrar by...
Sonia Vs. Oriental Insruance Co. Ltd.
between these two categories was permitted. It would be necessary for us to reproduce the portion of the Promotional Policy regarding reservation for Scheduled Caste and Scheduled Tribes candidates: As regards exchange of vacancies between SC/ST categories in case no eligible candidate is available in a particular cate...
1[ds]are of the view that the High Court was not justified in dismissing the writ petition of the appellant only on the ground that in view of Office Memorandum dated 6th November, 2003, no legal right of the appellant was infringed. Since, we have already held that the Office Memorandum will not be applicable in the c...
1
1,987
106
### 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: between these two categories was permitted. It would be necessary for us to reproduce the portion of the Promotional Policy...
Commissioner of Income Tax, Gujarat Vs. M/s. Tejaji Farasram Kharawalla Limited
of the grantee acquires for the purpose of the Income-tax Act the character of additional remuneration. 7. We are unable to agree with the decision of the Bombay High Court in Tejaji Farasram Kharawallas case, (1948) 16 ITR 260 : (AIR 1949 Bom 34 ) that the object with which the grant is made by the employer determines...
1[ds]It would, therefore, be reasonable to hold that the allowance granted to meet the expenses wholly and necessarily incurred or to be incurred in the performance of the duties of the office or employment of the grantee alone qualifies for exemption under the Act, and any surplus remaining in the hands of the grantee...
1
2,385
716
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of the grantee acquires for the purpose of the Income-tax Act the character of additional remuneration....
K. G. Khosla & Co Vs. Deputy Commissioner Of Commercial Taxies
goods before the goods have crossed the customs frontiers of India." 9. Section 3 of the Act, which deals with inter-State trade and commerce may also be set out as it employs the same terminology and has been interpreted by this Court. Section 3 reads:"A sale or purchase of goods shall be deemed to take place in the c...
1[ds]We see no force in this objection. It is common ground that the Madras High Court had at the relevant time consistently taken the view that no application for leave to appeal to Supreme Court lay before the High Court in matters involving revenue. In these circumstances we dispense with the requirement of O. XIII,...
1
2,881
301
### 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: goods before the goods have crossed the customs frontiers of India." 9. Section 3 of the Act, which deals with inter-State t...
A.B. Abdul Kadir & Ors Etc Vs. State Of Kerala
is unquestionably within the legislative competence of the State Legislature in view of entry 62 in List II of the Seventh Schedule to the Constitution. As such, it cannot be said that the impugned Act is a colourable piece of legislation. In the case of Jaora Sugar Mills (P) Ltd. access was levied under the Madhya Pra...
0[ds]The above submission of Mr. Patel, in our opinion, is wellwe are concerned with is the constitutional validity of the Kerala Act 9 of 1964. This Act was enacted subsequent to the above decision of this Court rendered on January 24, 1962. No question relating to the validity of the above mentioned Act in the very n...
0
8,516
1,929
### 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: is unquestionably within the legislative competence of the State Legislature in view of entry 62 in List II of the...
SHANTI DEVI ALIAS SHANTI MISHRA Vs. UNION OF INDIA & ORS
The Union of India and Ors., 2015(2) PLJR 256. The above was a case where the petitioner had claimed the due pensionary benefits whose grievance was that payment made to him was less payment. In the above context, the Division Bench in paragraphs 63, 64 and 66 laid down following:- 63. Recently pointed out the Supreme ...
1[ds]There is no dispute between the parties that the pension of late Shri B.N. Mishra was stopped from November, 2013 and the Writ Petition No.5999 of 2014 was filed after stoppage of pension, which he was getting for the last 08 years. Further by letter dated 06.11.2013, petitioner was also directed to return the amo...
1
7,334
2,534
### 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 Union of India and Ors., 2015(2) PLJR 256. The above was a case where the petitioner had claimed the due pensionary b...
P.M.C. Kunhiraman Nair Vs. C.R. Naganatha Iyer
to the relevant-clauses in the agreement (Ex. B3) dated March 22, 1955 and the Deed of Assignment (Ex. B4), December 11, 1956 on which reliance has been placed by Shri Wariyar, In the agreement (Ex. B3) dated March 22, 1955, executed by respondents Nos. 1 to 5 in favour of T. M. Rama Iyer, it is stated: (4) We will not...
1[ds]The judgment of the High Court shows that the earlier suit was confined to the oil mill only, treating it as movable property independent of the property. Since the said suit did not relate to the land and building in which the oil mill is installed the said suit and the plea raised by the appellant in that suit c...
1
4,610
203
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: to the relevant-clauses in the agreement (Ex. B3) dated March 22, 1955 and the Deed of Assignment (Ex. B4), D...
Haryana State Industrial Develt.Corpn Vs. M/S Cork Manufacturing Co
in the letter PW4/16, when such a case if true, should have been put forward, such a case is not put forward. There is also no evidence of any subsequent agreement in that regard. Merely because the officers of the appellant were induced to write letters regarding removal of the pole long after the resumption does not ...
1[ds]15. Same is the position regarding the finding on possession. The correspondence with the Electricity Board does not establish that the plaintiff continued to be in possession notwithstanding its default and the order of resumption with notice to the plaintiff. . The evidence of P.W. 6 is not evidence at all of po...
1
4,556
1,153
### 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: in the letter PW4/16, when such a case if true, should have been put forward, such a case is not put forward. There is al...
Neena Aneja & Anr Vs. Jai Prakash Associates Ltd
in obtaining access to justice. Likewise, where complaints have been instituted before the SCDRC, a transfer of proceedings would require consumers to obtain legal representation before the District Commission if cases were to be transferred. Such a course of action would have a detrimental impact on the rights of cons...
1[ds]15. The discussion on the law begins with the decision of the Federal Court in Venugopala Reddiar v. Krishnaswami Reddiar, alias Raja Chidambara Reddiar AIR 1943 FC 24 which considered the validity of a pending proceeding when the court had lost territorial jurisdiction. Before 1937, when Burma was a part of Briti...
1
25,902
12,016
### 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: in obtaining access to justice. Likewise, where complaints have been instituted before the SCDRC, a transfe...
Prem Raj Vs. D.L.F. Housing & Construction Pvt. Ltd. & Anr
is ready and willing to perform his part of the contract. In the present case, no such averment is made in the plaint. On the other hand, the plaintiff has alleged that the agreement was a result of fraud and undue influence and was not binding upon him. For these reasons it must be held that so far as the relief of sp...
0[ds]It is true that under Order 7, Rule 7, Civil Procedure Code it is open to a plaintiff to pray for inconsistent reliefs. But it must be shown by the plaintiff that each of such pleas is maintainable. So far as the relief of specific performance is concerned, the matter must be examined in the light of the provision...
0
2,724
650
### 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: is ready and willing to perform his part of the contract. In the present case, no such averment is made in the plaint. On...
S.H.Rangappa Vs. State Of Karnataka
was any time prescribed for publication of the declaration this Court held as follows : 25. It is clear from the provisions set out above that the object of the notification under section 6 is to ensure that the Government is duly satisfied, after an enquiry at which parties concerned are heard, that the land under con...
0[ds]Pursuant to the issuance of the same, objections can be filed and after hearing the same, Section 6(1) enables the appropriate authority if it is satisfied, after considering the report made under Section 5A of the Act, that if any particular land is needed for a public purpose, then a declaration is to be made un...
0
3,052
397
### 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: was any time prescribed for publication of the declaration this Court held as follows : 25. It is clear from the ...
BISWAJIT SUKUL Vs. DEO CHAND SARDA
the plaintiffs tenant in respect of the suit premises. In other words, it was held that the relationship of the landlord and tenant is established between the plaintiff and defendant No.1 in relation to the suit premises. So far as second part of issue No.4 is concerned, it was held against the plaintiff by answering t...
1[ds]18. As mentioned above, the defendants though suffered the adverse finding on first part of issue No. 4 but did not file any cross objection questioning its legality. In the light of these admitted facts arising in the case, the First Appellate Court had no jurisdiction to examine the legality and correctness of t...
1
1,683
392
### 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 plaintiffs tenant in respect of the suit premises. In other words, it was held that the relationship of the landlord a...
Bai Nani and Others Vs. Manilal Lallubhai and Others
equally the decree granted by courts below would be right even though the claim to the 1/2 share is not based on succession.5. The contention of the counsel for the appellants is that the courts below have found an entirely new case on the basis of succession which is contrary to the claim made in the plaint. The averm...
1[ds]It may be observed that on the accepted finding of the courts below that the sale in favour of the appellants by Bai Kashi is not supported by legal necessity if on the death of Bai Kashi the other two branches i.e. that of the appellants and the respondents, are entitled to share equally the decree granted by cou...
1
1,917
478
### 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: equally the decree granted by courts below would be right even though the claim to the 1/2 share is not based on succession....
The Dunlop Rubber Co Vs. Workmen
of their own Union was not lost upon the Company and the refusal to allow representation on these terms cannot be characterised as a denial of natural justice or amounting to unfair play. If the Company had been asked that the workmen wished to be represented by a workman of their own choice without the additional qual...
1[ds]We think, the Company might have asked the workmen to delete all reference to Union No. 4145 and allwoed them to have a representative of their own choice in the special circumstances of this dispute. But we cannot say that the action of the Enquiry Officer was for that reason illegal or amounted to a denial of na...
1
3,754
1,478
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of their own Union was not lost upon the Company and the refusal to allow representation on these terms canno...
N. Shivakumar Vs. State of Karnataka
finger prints on the neck of the deceased to connect the accused with the death of his wife. The learned amicus further submitted that PW1 has not immediately lodged any complaint on coming to know of the death of his sister and this type of reaction on the part of PW-1 also, according to learned amicus, is neither nat...
1[ds](5) We have carefully considered the materials on record. In the light of the reasons recorded by both the learned trial judge as well as the division bench of the High Court, on the basis of overwhelming materials on record to substantiate the charge, the guilt of the appellant stood sufficiently proved. The fact...
1
1,833
828
### 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: finger prints on the neck of the deceased to connect the accused with the death of his wife. The learned amicus further s...
Madanlal Vs. The State of Rajasthan and Ors
1. Leave granted.2. This appeal is directed against the judgment and order dated 12.01.2015 passed by the High Court of Rajasthan in S.B. Civil Second Appeal No. 317 of 2008.3. Briefly stated, the facts of the case are:4. There was a dispute between the parties with regard to water and how it is to be given to the fiel...
1[ds]7. A bare perusal of Section 53 shows that if there is a difference between two or more persons with regard to rights and liabilities in respect of the use, construction or maintenance of a water courses, then the dispute has to be first referred to the Divisional Irrigation Officer, who after giving notice shall ...
1
626
225
### 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: 1. Leave granted.2. This appeal is directed against the judgment and order dated 12.01.2015 passed by t...
The State of Uttar Pradesh and Ors Vs. Rajit Singh
same incident, namely, Assistant Engineer and Executive Engineer were exonerated and therefore applying the Doctrine of Equality, both, the Tribunal as well as the High Court have rightly set aside the order of punishment imposed by the Disciplinary Authority with respect to the alleged misconduct for which other emplo...
1[ds]7. Now, so far as the quashing and setting aside the order of punishment imposed by the Disciplinary Authority applying the Doctrine of Equality on the ground that other officers involved in the incident have been exonerated and/or no action has been taken against them, is concerned, we are of the firm view that o...
1
1,994
744
### 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: same incident, namely, Assistant Engineer and Executive Engineer were exonerated and therefore applying the Doctrine of Equ...
The Indian Overseas Bank Ltd Vs. The Commissioner Of Income-Tax, Madras
Hegde, J. 1. At the instance of the assessee, the Income Tax Appellante Tribunal (Madras Bench) referred to the High Court of Madras a statement of case under S. 66 (1) of the Indian Income Tax Act, 1922 (to be hereinafter referred to as the Act). The High Court answered one of the questions submitted along with the st...
0[ds]We are in agreement with the High Court that the appellant is not entitled to the allowance by way of development rebate claimed. The rebate under proviso (b) of S. 10 (vi) (b) is a concession granted but that concession is made subject to fulfilment of certain requirements. The grant of this allowance is made sub...
0
1,111
623
### 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: Hegde, J. 1. At the instance of the assessee, the Income Tax Appellante Tribunal (Madras Bench) r...
Income Tax Officer, Lucknow Vs. Messrs S.B. Singhar Singh and Sons and Another
1956 presumably with a view to ensure that at the time of its presentation, none of the members of the Tribunal who had originally decided the assessees appeals, was there to hear the application; that even in this inordinately delayed application, review and rectification was not asked for in a straight forward manner...
1[ds]We find a good deal of force in the submissions made by Mr. Ahuja. The sheet-anchor of the assessees case in the writ petition was that at the hearing of the appeals, his Counsel had argued Ground No. 1 set out in the memoranda of appeals, but the Tribunal did not consider it at all. The question whether or not th...
1
3,234
684
### 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: 1956 presumably with a view to ensure that at the time of its presentation, none of the members of the ...
INSTITUTE OF COMPANIES SECRETARIES OF INDIA Vs. PARAS JAIN
Rules, 2005. 2. The factual matrix of the case is that the respondent appeared in the final examination for Company Secretary conducted by the Appellant in December, 2012. On being unsuccessful in qualifying the examination, the respondent made an application under the Right to Information Act for inspection of his ans...
1[ds]7. Having heard the learned counsels appearing for the parties and we have also meticulously perused the record.8. The appellant is governed by the provisions of Company Secretaries Act, 1980 and under Sections 15, 15A and 17, the Examination Committee of the statutory Council has framed Guideline No. 3 providing ...
1
1,221
325
### 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: Rules, 2005. 2. The factual matrix of the case is that the respondent appeared in the final examinati...
Union of India & Another Vs. M/s. Kumho Petrochemicals Company Limited & Another
form and manner and furnish their views to the Authority for its consideration. Thus, a detailed exercise was done taking into account all the relevant factors in forming the opinion that the sunset review was desirable.11. Though the Notification is dated December 31, 2013 and published on the same date, it was sent f...
0[ds]QUESTION NO.19. It is not in dispute that in terms of Section 9A(5) of the Act,duty is effective for a period not exceeding five years from the date of its imposition. The Government is empowered to revoke the duty imposed even before the expiry of five years. In any case, such a duty admittedly ceases to be opera...
0
5,859
3,255
### 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: form and manner and furnish their views to the Authority for its consideration. Thus, a detailed exerci...
UNION OF INDIA & ORS Vs. ILMO DEVI & ANR
policy to regularize the services of the employees working on temporary status and/or casual labourers is a policy decision and in judicial review the Court cannot issue Mandamus and/or issue mandatory directions to do so. In the case of R.S. Bhonde and Ors. (supra), it is observed and held by this Court that the statu...
1[ds]8. At the outset, it is required to be noted that the respondents- original applicants were working as contingent paid part-time sweepers (Safai Karamcharies working for less than five hours a day) in a Post Office at Chandigarh. It is not in dispute and cannot be disputed that there are no sanctioned posts of Saf...
1
5,712
1,443
### 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: policy to regularize the services of the employees working on temporary status and/or casual labo...
The Workmen of The Bangalore Woollen, Cotton & Silk Mills Co, Ltd Vs. The Management of the Bangalore, Woollen, Cotton & Silk Mills Co, Ltd
of health. As we understood Mr. Jha, he fairly conceded that he could not press the case of any workman excepting these ten.7. Now the question with regard to these ten workmen is whether they can be said to have retrenched within the meaning of the definition. It seems to us that they cannot. The award has first to be...
0[ds]To clear the ground it may be stated that even if Mr. Jha is right, then thirteen of thepersons would not be entitled, to any gratuity under the award. As we have stated earlier, one of them was discharged for misconduct, that is, that was a case of termination of service by way of disciplinary action and therefor...
0
2,197
1,068
### 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 health. As we understood Mr. Jha, he fairly conceded that he could not press the case of any workman exce...
THE STATE OF UTTARAKHAND Vs. S.K.SINGH
the diploma holders altogether or allow them unrestricted promotion on par with the graduates.?25. The last judgment to be cited, to be considered by us, is of the two Judges in M. Rathinaswami & Ors. v. State of Tamil Nadu & Ors. (2009) 5 SCC 625 In a case of an integrated list of seniority between direct recruits and...
0[ds]16. On the appreciation of the aforesaid pleas, we do find that there are inconsistencies in the different principles set forth. On a query posed to the learned senior counsel for the private respondents, it was conceded on the basis of various judicial pronouncements, that the appellant would be well within its r...
0
6,649
1,196
### 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 diploma holders altogether or allow them unrestricted promotion on par with the graduates.?25. Th...
M/s. Kapoor Nilokheri Co-Operative Dairy Farm Society Limited Vs. Union of India & Others
to a close soon.9. We do not, therefore, feel that we would be justified in reversing the concurrent findings of both the Courts below that the order regarding privilege was made and pronounced on the date on which it was made. There is no particular reason why the Arbitrator should have resorted to this fraudulent act...
0[ds]There is no doubt that if his complaint that the Arbitrator did not give a ruling on the question of privilege claimed by the respondents in respect of certain documents summoned by the appellant and did not decide the question or pass an order therein onthe date on which the order in the file purports to have bee...
0
3,128
1,501
### 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: to a close soon.9. We do not, therefore, feel that we would be justified in reversing the concurrent findings of both the Co...
Sri Laxman @ Laxman Mourya Vs. Divisional Manager, Oritl.Ins.Co.Ltd&Anr
Loss of expectation of life. 14. In the affidavit filed by him before the Tribunal, the appellant categorically stated that due to accident he had suffered injuries on the abdomen and other parts of the body; that he was shifted to Bowring Hospital, where he remained for 15 days; that thereafter, he went to his native ...
1[ds]17. The respondents have not controverted the appellants assertion that at the time of accident his age was 24 years; that he was earning Rs.5,000/It is also not in dispute that as a result of accident, the appellant suffered 26% disability of the right lower limb, 25% disability due to urethral injury and 38% dis...
1
3,784
510
### 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: Loss of expectation of life. 14. In the affidavit filed by him before the Tribunal, the appellant categoric...
Central Coalfields Limited Through its Chairman and Managing Director & Ors Vs. Smt. Parden Oraon
being the reason for rejection of request for compassionate appointment, the High Court observed that there is no policy decision of the appellant company not to offer compassionate appointment in cases of double employment. As the order of termination of services of Respondents husband was quashed by the High Court, R...
1[ds]8. The whole object of granting compassionate appointment is to enable the family to tide over the sudden crisis which arises due to the death of the sole breadwinner. The mere death of an employee in harness does not entitle his family to such source of livelihood. The authority concerned has to examine the finan...
1
1,694
480
### 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: being the reason for rejection of request for compassionate appointment, the High Court observed that there is no policy de...
RAMAN SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS
appellant continued to be employed in the post. The salary of the appellant was stopped.7. The writ petition filed by the appellant was dismissed by a learned Single Judge of the High Court on 9 October 2013. The appellant filed a Special Appeal against the dismissal of the petition. 8. During the pendency of the Speci...
1[ds]14. The appellant was appointed purely on an ad hoc basis in a leave vacancy which arose in the institution. On the death of the regularly appointed candidate, the leave vacancy ceased to exist. Once a substantive vacancy arose, it was required to be filled up in accordance with law. The appellant had no right or ...
1
1,483
325
### 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: appellant continued to be employed in the post. The salary of the appellant was stopped.7. The wr...
PARSI ZOROASTRIAN ANJUMAN, MHOW Vs. THE SUB DIVISIONAL OFFICER/THE REGISTRAR OF PUBLIC TRUSTS & ANR
may think fit under Section 31 (1) (b) and Section 36 (1)(c). The Charity Commissioner has to be objectively satisfied that property should be disposed of in the interest of public trust; in doing so, he has right to impose such conditions as he may think fit, taking into account aforesaid triple classic requirements. ...
1[ds]If one recollects that the power to impose conditions is absent in the main provision of the parent enactment, i.e., Section 14 (1) or (2), clearly, sub-rule (3) goes beyond enacted law. A plain look at Rules 9 (1) and (2) would show that the conditions mentioned in those rules, are in conformity with the framewor...
1
5,970
1,588
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: may think fit under Section 31 (1) (b) and Section 36 (1)(c). The Charity Commissioner has to be objective...
M/s. Kanungo & Co Vs. The Collector of Customs, Calcutta & Others
give a suitable explanation. The complaint of the appellant now is that all the persons from whom enquiries were alleged to have been made by the authorities should have been produced to enable it to cross-examine them. In our opinion, the principles of natural justice do not require that in matters like this the perso...
1[ds]12. We may first deal with the question of breach of natural justice. On the material on record, in our opinion, there has been no such breach. In the show cause notice issued on August 21, 1961, all the material on which the Customs Authorities have relied was set out and it was then for the appellant to give a s...
1
2,876
626
### 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: give a suitable explanation. The complaint of the appellant now is that all the persons from whom enquiries were a...
STATE OF HIMACHAL PRADESH Vs. PARKASH CHAND
is in Govt./Semi Govt. service, which fact is clear from the certificate issued by the competent authority, copy of which is annexed herewith as Annexure- P7. The ration card of the family of the petitioner clearly shows that the elder brother of the petitioner is not residing with the petitioner, copy of ration card i...
1[ds]The High Court while deciding issue (ix) has relied upon the decision of this Court in Govind Prakash Verma Vs. Life Insurance Corporation of India(2005) 10 SCC 289 more specifically on the observation that the mere fact that the elder brother of the applicant was engaged in agricultural work and was also doin...
1
1,407
503
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: is in Govt./Semi Govt. service, which fact is clear from the certificate issued by the competent ...
The Commissioner of Income Tax Vs. M/S. Hede Consultancy Company Private Limited
(supra) has observed at Paras 10 and 18 thus :10. Some of the provisions of Section 260-A are in pari materia with various sub-sections of Section 100 CPC. The provisions are Sections 260-A(1), 260-A(2)(c), 260-A(3), 260-A(4) of the Act corresponding to Sections 100(1), 100(3), 100(4) and 100(5) CPC....15. An appeal un...
0[ds]In the present Appeal, we find that there is no challenge by the Appellants to the findings of the Tribunal that the transactions were genuine and that the price at which the shares were sold were not inflated. In such circumstances, the contention of Shri Y. V. Nadkarni, learned Counsel appearing for the Responde...
0
2,740
303
### 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: (supra) has observed at Paras 10 and 18 thus :10. Some of the provisions of Section 260-A are in pari materia with various s...
V. Ganesan Vs. Canara Bank & Others
1. The respondent No.2 in this appeal is the borrower whose persistent failure to pay the agreed amounts led to the sale of the mortgaged property which was purchased by the appellant in an auction held on 13th December, 2005. 2. On 10th January, 2006, the second respondent filed an application for setting aside the af...
1[ds]4. A reading of the order of the DRAT, Chennai as well as the order of the High court would go to show that what had prompted the said authorities to hold in favour of the respondent No.2 was the fact that the property in question was the sole item of property owned by the said respondent and furthermore as the ap...
1
922
359
### 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: 1. The respondent No.2 in this appeal is the borrower whose persistent failure to pay the agreed amounts led...
Executive Engineer, Irrigation Division, Puri Vs. Gangaram Chhapolia
the meaning of the expressions "Public Works" and "Public Works Department". Paragraphs 21 and 22 are extracted below:21. "Public Works" means several works, public health, engineering works, irrigation, navigation, embankment and drainage works and electricity works22. "Public Works Department" means the Department of...
1[ds]It is seen that as per the above clause, the Chief Engineer is under a legal obligation to appoint an S. E. of Works Department unconnected with the work in question and if such S. E. is not available he himself should enter into such reference. There is no denial that Sri. D. Sahu is an S. E. of Irrigation Depart...
1
2,427
567
### 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 meaning of the expressions "Public Works" and "Public Works Department". Paragraphs 21 and 22 are extracted below:21. "...
Yograj Infrastructure Ltd Vs. S Ssangyong Engineering & Construction Co. Ltd
ALTAMAS KABIR, J. 1. Interlocutory Application No.3 of 2011 has been filed by SSANGYONG Engineering & Construction Company Limited in disposed of Civil Appeal No.7562 of 2011, seeking clarification and correction of certain clerical errors in the judgment passed by this Court on 1st September, 2011, under Order XIII Ru...
1[ds]Having regard to the submissions made on behalf of the respective parties, we are inclined to agree with Mr. Rautray that the corrections and clarifications sought for have to be allowed. In particular, the observations made in paragraphs 35 and 37, if read together, indicate that, although, when the seat of arbit...
1
782
180
### 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: ALTAMAS KABIR, J. 1. Interlocutory Application No.3 of 2011 has been filed by SSANGYONG Engineering & Const...
Union Of India Vs. M/S. Dharamendra Textile Processors &Ors
necessary. (See CST v. Popular Trading Co. (2000) 5 SCC 511 ) The legislative casus omissus cannot be supplied by judicial interpretative process. 18. Two principles of construction - one relating to casus omissus and the other in regard to reading the statute as a whole, appear to be well settled. Under the first prin...
1[ds]12. The stand of learned counsel for the assessee is that the absence of specific reference to mens rea is a case of casus omissus. If the contention of learned counsel for the assessee is accepted that the use of the expression "assessee shall be liable" proves the existence of discretion, it would lead to a very...
1
11,143
825
### 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: necessary. (See CST v. Popular Trading Co. (2000) 5 SCC 511 ) The legislative casus omissus cannot be supplied by ...
Abdulrasakh Vs. K.P. Mohammed & Others
respect of issue Nos.1 to 7. The preliminary issues are reproduced as under:"1. Whether the election petition is barred by limitation?2. Can the defects in the election petition be permitted to be cured after the period of limitation prescribed under Section 81 of the Representation of People Act?3. Can the election pe...
0[ds]14. The Kerala High Court Rules (Rule 210) itself provided for scrutiny by the Judge assigned to the case and not by the Registry. There was no violation of this Rule. The defects were also cured only after 18.7.2016. The contents of the conversation recorded in the mobile phone have been produced as annexures and...
0
3,639
530
### 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: respect of issue Nos.1 to 7. The preliminary issues are reproduced as under:"1. Whether the election petition is barred by ...
Nirmala Bala Ghose And Another Vs. Balai Chand Ghose And Ors
deities Sri Satyanarayan Jiu and Sri Lakshminarayan Jiu and Nirmala and Balai sough to represent the two deities. On an objection raised to the constitution of the action by Nirmala Sunil Sekhar Bhattacharjee was appointed guardian of the two deities for the action. Bhattacharjee filed a written statement denying the c...
1[ds]22. In this appeal the two deities are also impleaded as party-respondents, but the deities have not taken part in the proceeding before this Court, as they did not in the High Court. The decree against the two deities has become final, no appeal having been preferred to the High Court by the deities. It is not op...
1
8,862
1,020
### 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: deities Sri Satyanarayan Jiu and Sri Lakshminarayan Jiu and Nirmala and Balai sough to represent the tw...
Commercial Tax Officer, Rajasthan Vs. M/s. Binani Cements Ltd. & Another
to a particular subject. When a general Act is subsequently passed, it is logical to presume that Parliament has not repealed or modified the former special Act unless it appears that the special Act again received consideration from Parliament.” 53. In Life Insurance Corporation v. D.J. Bahadur Krishna Iyer, J. has po...
1[ds]29. It is well established that when a general law and a special law dealing with some aspect dealt with by the general law are in question, the rule adopted and applied is one of harmonious construction whereby the general law, to the extent dealt with by the special law, is impliedly repealed. This principle fin...
1
7,887
694
### 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: to a particular subject. When a general Act is subsequently passed, it is logical to presume that Parliament...
Mohd. Shafi Vs. Additional District and Sessions Judge (VII), Allahabad and Others
is intended to protect the tenant against unreasonable eviction, it must be construed strictly against the landlord so as to cut as little as possible into the protection afforded to the tenant. If the language of the Explanation is susceptible of two interpretations, we should prefer that which enlarges the protection...
1[ds]5. Now, it may be pointed out straightway that if Explanation (iv) to Section 21(1) of U.P. Act 13 of 1972 is applicable in the present case, the question of comparing the relative hardship of the appellant and respondent 3 would not arise and respondent 3 would straightway be entitled to an order of eviction as s...
1
3,165
1,083
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: is intended to protect the tenant against unreasonable eviction, it must be construed strictly against the landlord so as t...
Union of India (UOI) and Ors Vs. Ravindra V. Desai
as NULL and which could not materialise are still maintained because the company was to earn revenue. 23. We, thus, do not agree with the submission of the learned Counsel for the Respondent that there were discrepancies in the CDR produced by Vodafone before the AFT. In fact, the witness from Vodafone was able to clea...
0[ds]Apart from the aforesaid contradictory versions given by thet himself, one particular piece of evidence produced by thes clinches the issue. It is noticed by the AFT that as per report dated July 04, 2011 (Ex. P-29) lodged by the wife of thet on July 04, 2011, the sim card was lost sometime between 6 pm on June 20...
0
9,258
1,520
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: as NULL and which could not materialise are still maintained because the company was to earn revenue. 2...
L. Babu Ram Vs. Sri Raghunathji Maharaj and Others
the part of respondent Nos. 3 to 9 were impleaded as defendants in the suit as they were tenants in respect of certain portions of the property. There was no contest against the claim of the appellant on the part of respondent Nos. 3 to 9 and they expressed their willingness to pay rent to whosoever was declared to be ...
0[ds]4. It is clear that even on the view that Smt. Deva was given only a life interest in the property under the deed dated October 18, 1884, the disposition of the property made by the settlor after her death was that "the members of her family shall be the owner thereof". It is significant to note that the settlor d...
0
1,786
295
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the part of respondent Nos. 3 to 9 were impleaded as defendants in the suit as they were tenants in res...
Wander Limited and Another Vs. Antox India P. Limited
its own discretion except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perversely or where the court had ignored the settled principles of law regulating grant or refusal of interlocutory injunctions. An appeal against exercise of discretion is said to be an appeal on princ...
1[ds]13. On a consideration of the matter, we are afraid, the appellate bench fell into error on two important propositions. Thefirst is a misdirection in regard to the very scope and nature of the appeals before it and the limitations on the powers of the appellate court to substitute its own discretion in an appeal p...
1
2,918
1,185
### 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: its own discretion except where the discretion has been shown to have been exercised arbitrarily, or capriciously or perv...
Ashokkumar H.Fulwadhya, Director of M/S.Harisons Steel Private Limited Vs. Union of India & Others
V.C. Daga, J.Heard learned counsel for the petitioners and learned counsel for the respondents. Perused petitions.2. Rule, returnable forthwith. Petitions are heard finally by consent of parties.The Facts :3. These petitions are directed against the order dated 4th August, 2009 by the Customs Excise & Service Tax Appel...
1[ds]In Union of India v. M/s.R.B.Shreeram Durga Prasad (P) Ltd. and ors., 1969 (2) SCR 727 , the Apex Court ruled that a penal provision has to be construed strictly. Considered in this backdrop, in absence of specific words, no person other than the person taking Cenvat credit can be inferred. The relevant provisions...
1
1,019
392
### 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: V.C. Daga, J.Heard learned counsel for the petitioners and learned counsel for the respondents. Perused peti...
Kameshwar Prasad And Others Vs. The State Of Bihar And Another
the benefit of the exposition of the meaning of the expression "in the interest of public order" in these two clause by this Court in Superintendent, Central Prison, Fatehgarh v. Ram Manohar Lohia, 1960-2 SCR 821 : (AIR 1960 SC 633 ). Speaking for the Court Subba Rao J. summarised his conclusion on the point in these t...
1[ds]Obviously proceeds on the basis of persons in the service of Government being entitled to the protection of the fundamental rights guaranteed by Part III of the Constitution and is inserted to enable special provision being made for the abrogation, if necessary, of the guaranteed freedom in the case of two special...
1
5,293
1,373
### 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 benefit of the exposition of the meaning of the expression "in the interest of public order" in these tw...
Wazirchand Mahajan And Anr Vs. Union Of India
be exercised by a Court entertaining an application, the application could not be deemed to be one under the Code. It is true that in the Limitation Act originally enacted in 1908, by the group of Arts. 158 to 180 only applications under the Code of Civil Procedure were dealt with.By the amendment made by the Arbitrati...
0[ds]It is true that in Hansraj Guptas case, 60 Ind App 13: (AIR 1933 PC 63 ), the Judicial Committee was dealing with the period of limitation for filing an application under S. 186 (1) of the Indian Companies Act 1913, to order a contributory in a winding-up to pay a debt; and Sha Mulchands case, 1953 SCR 351 : (AI...
0
2,358
1,262
### 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: be exercised by a Court entertaining an application, the application could not be deemed to be one under the Code. It is t...
Commnr. Of Income Tax, Ahmedabad Vs. Equinox Solution Pvt. Ltd
(hereinafter referred to as “the Act”).2) We herein set out the facts, in brief, to appreciate the issues involved in this appeal.3) The respondent-assessee was engaged in the business of manufacturing sheet metal components out of CRPA & OP sheds at Ahmadabad. The respondent decided to sell their entire running busine...
0[ds]10) Having heard the learned Counsel for the parties and on perusal of the record of the case, no fault can be found in the reasoning and the conclusion arrived at by the CIT (appeal) in his order which, in our view, was rightly upheld by the Tribunal and then by the High Court calling no interference by this Cour...
0
1,219
331
### 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: (hereinafter referred to as “the Act”).2) We herein set out the facts, in brief, to appreciate the issues ...
The Bharatkhand Textile Mfg. Co. Ltd.& Others Vs. The Textile Labour Association,Ahmedabad
the industry. It has been strenuously argued before us that in assessing the extent of the liabilities the actual liabilities accrued as the result of the scheme has not been taken into account and the serious strain imposed on the industry by the imposition of excise duty has also been overlooked; on the other hand, u...
0[ds]It is common ground that the modification permissible under S. 116A does not mean that the provisions of the award must always be reduced; it may mean even increasing the provisions, and so it is urged by the respondent that the word "modification" should receive a wider denotation in the context of S. 116A. This ...
0
7,707
3,026
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the industry. It has been strenuously argued before us that in assessing the extent of the liabilities the actual liabilitie...
The East India Industries (Madras) Private Ltd.,Madras & A Vs. The Commissioner Of Income Tax, Madras
in its opinion such an exercise would be conducive to the attainment of the so called primary object which, from a practical point of view, means that it can exercise them whenever it is minded to do so, and whether such exercise is in fact conducive to the attainment of that object or not, as neither the Court nor any...
0[ds]In the present case, it appears from the deed of trust that one of the objects of the trust, namely Item 4, is not for charitable or religious purposes. Item No. 4 is "to manufacture, buy, sell and distribute pharmaceutical, medicinal, chemical and other preparations and articles such as medicines, drugs, medical ...
0
3,801
1,074
### 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: in its opinion such an exercise would be conducive to the attainment of the so called primary object which, from a...
M/s. Govind Rubber Ltd Vs. M/s. Louids Dreyfus Commodities Asia Pvt. Ltd
lean in favour of giving effect to the arbitration clause to which the parties have agreed. The learned Author has also referred to another judgment in Paul Smith Ltd v. H and S International Holdings Inc., (1991) 2 Llyods Rep.127 in order to emphasise that in construing an arbitration agreement the Court should seek t...
0[ds]12. There may not be any dispute with regard to the settled proposition of law that an agreement even if not signed by the parties can be spelt out from correspondence exchanged between the parties. However it is the duty of the Court to construe correspondence with a view to arrive at the conclusion whether there...
0
4,067
533
### 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: lean in favour of giving effect to the arbitration clause to which the parties have agreed. The learned Aut...
B.N. Agarwalla Vs. State Of Orissa
"in which no award has been made by the said date" was not also present in sub-section (7), then the undoubted result of the first expression would be that an arbitration proceeding in which no award had been made up to the midnight between 25-3-1983 and 26-3-1983 would be a pending arbitration proceeding which automat...
0[ds]The meaning of the second expression should be consistent with that of the first expression since the two could not be used to create a conflict. The purpose of sub-section (7) is to divest the arbitrator of authority to make the award in all such arbitration proceedings which were pending before the arbitrator on...
0
2,218
1,081
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: "in which no award has been made by the said date" was not also present in sub-section (7), then the un...
Gopal Singh & Another Vs. State of Madhya Pradesh & Another
the dying declaration, was a reasonable conclusion which, in an appeal against acquittal, was not liable to be set aside.7. We have already referred to the fact that the learned Sessions Judge was not prepared to accept the evidence of Umraodas, P.W. 1 and Chhotulal, P.W. 7, that deceased Modsingh had named the appella...
1[ds]The High Court, however, preferred to rely on the bare word of the Magistrate Mr. Shakya who, when questioned in theas to why he had not enquired about the names of the fathers, stated that he did not think it necessary to ask their fathers names and residence because a case was pending in his court. This explanat...
1
2,833
1,455
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the dying declaration, was a reasonable conclusion which, in an appeal against acquittal, was not liabl...
Ratan Lal Vs. The State Of Maharashtra
66 could not be maintained unless the State Government was satisfied after consulting the Board of Experts under S. 6A that the article was fit to be used as intoxicating liquor. The offence in Narandas Mangilals case, 1962 Supp (1) SCR 15: (AIR 1962 SC 579 ), was committed in July 1955 and on the terms of sub-s. (6) a...
1[ds]Attention must, therefore, be directed to ascertain whether the preparations did correspond with the description and limitations mentioned in S. 59A. If they did not, exemption under S. 24A will be inoperative, even if they are medicinalthe amended S. 6A there is only one mode of proof by the State that an article...
1
3,457
678
### 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: 66 could not be maintained unless the State Government was satisfied after consulting the Board of Expe...
SHEETLA DEVI Vs. THE STATE OF UTTAR PRADESH COLLECTOR / DISTRICT MAGISTRATE
Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 05.01.2008 passed by the High Court of Judicature at Allahabad in C.M.W.P. No.359 of 2008 whereby the High Court dismissed the writ petition filed by the appellants herein.2. This appeal involves a short point as would be clear...
0[ds]16. Having heard the learned counsel for the parties at length and on perusing the record in the light of list of dates filed by the parties, we find no merit in this appeal.17. The High Court has repelled these arguments and, in our view, rightly.18. We find that the litigation, out of which this appeal arises an...
0
914
277
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 05.01.2008 pass...
Thakur Virendra Singh Vs. Vimal Kumar
non-appearance and was told by the latter that he could not attend the Court since his brother was married to the niece of Vardiram (R.W. 30) and his appearing as a witness in the Court would strain his relations with Vardiram. In the course of his statement, Vardiram (R.W. 30, ), who is staunch worker of Jan Sangh and...
0[ds]It is no doubt true that the respondent has not been able to produce Rampratap in proof of his allegation but it cannot be lost sight of that the former did summon the latter as his witness but he did not appear despite service the course of the statement made by him as his own witness, the respondent has explaine...
0
6,218
1,241
### 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: non-appearance and was told by the latter that he could not attend the Court since his brother was married...
State Of Mysore Vs. Yaddalam Lakshminarasimhaiah Setty And Sons
the same rates and in the same manner as would have been done if the sale had, in fact, taken place inside the appropriate State; and for the purposes of making any such calculation any such dealer shall be deemed to be a dealer liable to pay tax under the sales tax law of the appropriate State, notwithstanding that he...
1[ds]16. Section 6 of the Central Act is the charging section. Subject to the other provisions contained in the Act, every dealer is liable to pay tax under the Act on all sales effected by him. It will be noticed that the liability is not absolute but subject to the other provisions of the Act. If the effect of anothe...
1
4,025
792
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the same rates and in the same manner as would have been done if the sale had, in fact, taken place ins...
State Of Mysore Vs. Anant Vinayak Patwardhan
a position to be of any assistance to the respondent on the basis of his application. The Assistant Commissioner passed an order granting a sum of Rs. 5172-12-0 being three times the annual sum of Rs. 1724-4-0 which the respondent was receiving. The respondent then filed an appeal to the Mysore Revenue Appellate Tribun...
1[ds]2. We are of opinion that clearly the decision of the Mysore High Court issets out the constitutional position of the ruler of every one of the Indian States before their integration with the rest of India and coming into force of the Constitution of India. It follows therefore that if the ruler of Jamkhandi had c...
1
1,482
302
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: a position to be of any assistance to the respondent on the basis of his application. The Assistant Commissioner passed a...
GANESAN Vs. STATE REP. BY ITS INSPECTOR OF POLICE
if her evidence inspires confidence and there is absence of circumstances which militate against her veracity. A similar view has been reiterated by this Court in Wahid Khan v. State of M.P. (2010) 2 SCC 9 placing reliance on an earlier judgment in Rameshwar v. State of Rajasthan, AIR 1952 SC 54 . 14. Thus, the law tha...
0[ds]Therefore, in the facts and circumstances of the case, the learned trial Court has not committed any error in convicting the accused, relying upon the deposition of PW3 – victim. The learned trial Court has imposed the minimum sentence provided under Section 8 of the POCSO Act. Therefore, the learned trial Court h...
0
4,544
2,869
### 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: if her evidence inspires confidence and there is absence of circumstances which militate against her veracity. A similar ...
Star Company Limited Vs. Commissioner Of Income Tax (Central) Calcutta
is noteworthy that the question which was, referred is couched in general terms and was not limited to or circumscribed by the reasons which had been given by the Tribunal against the assessee. The question of law on which reference can be made must arise out of the order of the Tribunal. The order which was made in th...
0[ds]It is noteworthy that the question which was, referred is couched in general terms and was not limited to or circumscribed by the reasons which had been given by the Tribunal against the assessee. The question of law on which reference can be made must arise out of the order of the Tribunal. The order which was ma...
0
2,827
924
### 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: is noteworthy that the question which was, referred is couched in general terms and was not limited to or circums...
Sunil Kumar Roy Vs. M/S. Bhowra Kankanee Collieries Ltd. & Ors
Eastern Coal Co. Ltd., was granted a lease by the Zamindar of Jharia of certain land in mauza Gourkhanti in pargana Jharia. The Eastern Coal Co. erected buildings for manufacture of coke and also constructed office and the quarters for the staff and the labourers. On May 17, 1946 the Eastern Coal Co. sold the machineri...
0[ds]Even on the assumption that a mutual arrangement or agreement as evidenced by Exh. A-4 was arrived at between the appellant and the Eastern Coal Co. Ltd., we are unable to agree that any reduction in the rate of royalty could have been effected by means of Exh A-4 which had not been registered under the provisions...
0
1,128
316
### 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: Eastern Coal Co. Ltd., was granted a lease by the Zamindar of Jharia of certain land in mauza Gourkhanti in ...
Ajmer Singh Vs. State Of Haryana
and Ors., [(1982) 2 SCC 101] . In that case it was held, that, in view of commutation of death sentence of one of the accused, who was similarly placed as that of appellant, award of death sentence to appellant was unjustified and, hence, the death sentence of the appellant was stayed till the decision of the President...
0[ds]23) What can be inferred from the above decision is, that for applying the principle of parity both the accused must be involved in same crime and must be convicted in single trial, and consequently, a co-accused is one who is awarded punishment along with the other accused in the same proceedings. However, we are...
0
5,060
198
### 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: and Ors., [(1982) 2 SCC 101] . In that case it was held, that, in view of commutation of death sentence of o...
Hanumant Vs. The State Of Madhya Pradesh
follow that, in a bargain and sale such as this, the closing or even the destruction of the Mills would affect a contract between third parties, which is in terms absolute; but the Mills did continue to exist and did continue to manufacture the goods in question, only they were made for and delivered to somebody else. ...
1[ds](6) We agree with the reasoning of the Privy Council, and it seems to us that the considerations which prevailed with them must govern the construction of the agreement with which we are concerned in this case. The agreement does not seem to us to convey the meaning that the delivery of the goods was made continge...
1
2,106
381
### 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: follow that, in a bargain and sale such as this, the closing or even the destruction of the Mills would affect a contract ...
All India Bank Employees Vs. National Industrial Tribunal & Others (And Connected Petitions)
no criterion had been indicated as to the circumstances in which Banks could decide to make the claim. But this, however, is answered by the provision itself which runs :"When the banking company claims that such document, statement or information is of a confidential nature and that the production or inspection of suc...
0[ds]We are clearly of the opinion that this has to be answered in the negative. An affirmative answer would be contradictory of the scheme underlying the text and the frame of the several fundamental rights which are guaranteed by Part III and particularly by the scheme of the seven freedoms or groups of freedoms guar...
0
11,917
2,914
### 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: no criterion had been indicated as to the circumstances in which Banks could decide to make the claim. But...
Nagashetty Vs. United Indis Insurance Co. Ltd.
Mr. S.C. Sharda, appearing for the respondent Insurance Company drew attention of this court to the definitions of the terms "goods carriage", "tractor", "trailer" and "transport vehicle" in Sections 2(14), 2(44), 2(46) and 2(47) respectively of the Motor Vehicles Act, 1988. These read as follows :- "2(14) "goods carri...
1[ds]10. We are unable to accept the submissions of Mr. S.C. Sharda. It is an admitted fact that the driver had a valid and effective licence to drive a tractor. Undoubtedly under Section 10 a licence is granted to drive specific categories of motor vehicles.The question is whether merely because a trailer was attached...
1
1,653
645
### 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: Mr. S.C. Sharda, appearing for the respondent Insurance Company drew attention of this court to the def...
Lekh Raj Khurana, Vs. Union Of India
D/- 8-3-1968 (SC) ) Both these decisions fully cover the case of the appellant so far as the applicability of Art. 311 is concerned. 5. Learned counsel for the appellant sought to argue that since the appellant was admittedly governed by the rules which were trained under S. 241 (2) of the Government of India Act 1935 ...
0[ds]At no stage of the proceedings in the courts below the appellant relied on S. 240 of the Government of India Act and rightly so because the order of his discharge or termination of service was made after the Constitution had come into force. It was apparently for that reason that protection was sought from Art. 31...
0
2,119
471
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: D/- 8-3-1968 (SC) ) Both these decisions fully cover the case of the appellant so far as the applicability of Art....
Jadab Singh And Others Vs. The Himachal Pradesh Administrationand Another
New Himachal State Assembly to enact the Abolition Act in 1954 cannot be and is not denied. There is no absolute bar against the authority of the Parliament to enact legislation which takes away vested rights provided the legislation falls within any of the legislative lists within the competence of the Parliament and ...
0[ds]By S. 11, the tenants were invested with the right to acquire the interests of the landowners in the lands held by them. It was provided that notwithstanding any law, custom or contract to the contrary, any tenant other than a sub-tenant shall, on application made to the compensation officer at any time after the ...
0
3,081
1,079
### 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: New Himachal State Assembly to enact the Abolition Act in 1954 cannot be and is not denied. There is no absolute b...
Saryug Singh (Dead) Thr. Lrs Vs. National Seeds Corporation
Kurian Joseph, J.1. Leave granted.2. The appellants challenge the order passed by the High Court wherein the total compensation has been worked out in terms of money and limited only to L 50,000/- (Rupees Fifty Thousand).3. According to the appellants, as per the order passed by the Labour Court and the learned Single ...
1[ds]4. Having heard the learned counsel for the parties and having gone through the pleadings, it is fairly clear that it is a case of voluntary relinquishment of service. There is no case for the appellants that despite reporting for duty, the deceased employee was not permitted to join duty after 1986. On the contra...
1
206
131
### 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: Kurian Joseph, J.1. Leave granted.2. The appellants challenge the order passed by the High Court wher...
State of U.P. & Ors Vs. Vikash Kumar Singh & Ors
the learned Single Judge quashed and set aside the eligibility lists dated 18.03.2019 and 10.05.2019 of Superintending Engineer for promotion to the post of Chief Engineer. 2.4 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge, the State of U.P. filed the Special Appeal b...
1[ds]7. At the outset, it is required to be noted that the learned Single Judge issued the writ of mandamus commanding the competent authority to grant the relaxation as per Rule 4 of the Relaxation Rules, 2006 in qualifying service and consequently has quashed and set aside the eligibility lists dated 18.03.2019 and 1...
1
2,065
482
### 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 learned Single Judge quashed and set aside the eligibility lists dated 18.03.2019 and 10.05.2019 of Superintending En...
N.D.M.C Vs. State Of Punjab Etc. Etc
an Act from the attack of unconstitutionality, that interpretation should always be accepted in preference to an alternative interpretation that might also be possible, under which the statute would be void. However, this Court has consistently followed a policy of not putting an unnatural and forced meaning on the wor...
0[ds]Analysis of the decisions rendered in the Sea Customs case and the APSRTC case44. The decision in the Sea Customs case, (1964 (3) SCR 787 : AIR 1963 SC 1760 ), was occasioned by the emanation of a proposal to introduce in Parliament a Bill to amend Section 20 of the Sea Customs Act, 1878, and Section 3 of the Cent...
0
28,347
12,313
### 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: an Act from the attack of unconstitutionality, that interpretation should always be accepted in preference t...
S. Chinna Narasa Reddy Vs. D. Jagadeeswara Rao & Others
Loyola Public School, distance of about 7 miles. Thirty-eight persons applied for the routes in question. After eliminating some of the applicants as being disqualified the R.T.A. considered the case of others. He granted one route to the fourth respondent and another to the first respondent in this appeal. Aggrieved b...
1[ds]5. In our opinion, the Appellate Bench erred in coming to the conclusion that the expression "a new entrant" in the rule in question means new entrant to the motor transport field. The marginal note to Rule 2(1)(ii) says : "Grant, variation, suspension or cancellation of stage carriage permit guiding principles". ...
1
1,144
459
### 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: Loyola Public School, distance of about 7 miles. Thirty-eight persons applied for the routes in question. After eliminatin...
Union of India Vs. H.R. Patankar and Others
first respondent was appointed to the service after the commencement of the Seniority Rules and before 11th April 1958, respondent Nos. 3 to 9 were appointed on 9th June 1961 and 29 August, 1961 that is after 11th April 1958. The old sub-rule (3) as also the new sub- rule (3) introduced by the amendment of 13th August ...
0[ds]This new sub-rule (3) was on its plain terms prospective in operation and it governed the inter se seniority of only those officers appointed to the Indian Administrative Service on or after 11th April 1958 and did not apply for determining inter se seniority where one of the competing officers were appointed prio...
0
3,134
1,391
### 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: first respondent was appointed to the service after the commencement of the Seniority Rules and before 11th ...
National Aviation Co.Of India Ltd Vs. S.M.K.Khan
service career. This is the normal rule subject always to exceptional circumstances such as disclosure of fresh objectionable grounds with regard to integrity or some other reasonably weighty reason." The said decision will not assist the respondent. The principle laid down therein is that after a review of the service...
1[ds]The principle laid down therein is that after a review of the service of an employee for purposes of extension of service beyond 55 years, if it is decided that he is fit and suitable for continuation, there is no question of a re-appraisal of the same material, for taking a different decision in the absence of ex...
1
2,974
656
### 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: service career. This is the normal rule subject always to exceptional circumstances such as disclosure of fresh objectionab...
R.Venkata Ramudu & Anr Etc Vs. State Of A.P.Tr.Sec
RULES on hand though the Note to Rule 8 provide for the extension of probation, in those cases where the Executive Engineers do not pass the Account test, there is nothing in the SPECIAL RULES which provides for the extension of probation of the Assistant Executive Engineers who pass the Account test within the period ...
1[ds]26. It can be seen from the above note that (i) it expressly prohibits the probationer from being discharged for failure to pass the Account test, and (ii) it stipulates that the probation shall be extended until the probationer passes the test. Such extension is mandated only in those cases where the probationer ...
1
6,830
2,516
### 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: RULES on hand though the Note to Rule 8 provide for the extension of probation, in those cases where the Executive Engineers...
Union of India and Ors Vs. Subrata Das
offer is made by an employee, the same would amount to resignation in praesenti cannot be accepted. The Scheme was in force for a fixed period. A decision by the authority was required to be taken and till a decision was taken, the jural relationship of employer and employee continued and the employees concerned would ...
0[ds]30. It is in this background that it has been submitted, and in our view with justification, that the right to withdraw a request for PSS from an armed force is not absolute or unconditional. Paragraph 18 of the Human Resource Policy conditions the withdrawal of an approved PSS application by a stipulation that su...
0
9,386
1,612
### 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: offer is made by an employee, the same would amount to resignation in praesenti cannot be accepted. The Scheme was in force ...
Rajkumar & Others Vs. The State of Maharashtra & Others
Rules. Thus due to this admission offence under those provisions is made out. Secondly there is deceiving to State exchequer by such wholesalers by joining hands with the Manufacturing Company. The department is deceived by creating such false record already. Thus it cannot be said that there was no intention to make w...
1[ds]10. The applicants of the first proceeding, (Manish Agency) have produced some record like photo copies of some bills in the present proceeding and the learned counsel for them submitted that on those photo copies there were no stamps and such bills were handed over by Manish Agency to the Medical Representatives....
1
2,348
772
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: Rules. Thus due to this admission offence under those provisions is made out. Secondly there is deceivi...
National Insurance Co. Ltd Vs. Prema Devi
"goods vehicle" means any motor vehicle constructed or adapted for use for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods solely or in addition to passengers""2(25) "public service vehicle" means any motor vehicle used or adapted to be used for the carriage...
1[ds]8. In Satpal Singhs case (supra) this Court proceeded on the footing that provisions of Section 95(1) of the old Act are in pari materia with Section 147(1) of the Act as it stood prior to the amendment in 1994.9. On a closer reading of the expressions "goods vehicle". "public service vehicle", "state carrier" and...
1
1,699
626
### 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: "goods vehicle" means any motor vehicle constructed or adapted for use for the carriage of goods, or ...