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Indian Aluminium Cables Limited Vs. State of Haryana
Madhya Pradesh High Court held that during the period of the exemption, the sales of niwar by a registered dealer were exempt from tax generally within the meaning of section 8(2A) of the Central Act, and, therefore, the assessees inter-State sales of niwar were exempt from tax under the Central Act. The expression "ex...
0[ds]Both the sections deal with goods which do not suffer from sales tax. A Section 8(2A) of the Central Act exempts good s from inter State sales tax where a tax law of the State has exempted them from sales tax. The Explanation to section 8(2A) of the Central Act takes away the exemption where it is not general and ...
0
2,320
358
### 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: Madhya Pradesh High Court held that during the period of the exemption, the sales of niwar by a registered ...
UNION OF INDIA & ORS Vs. EX. SEP. R. MUNUSAMY
if no note of it was made at the time of the individuals acceptance for military service. However, if medical opinion holds, for reasons to be stated, that the disease could not have been detected on medical examination prior to acceptance for service, the disease will not be deemed to have arisen during service. (c) I...
1[ds]11. At the cost of repetition, it is reiterated that the Respondent was discharged under Rule 13(3) III(v) of the Army Rules, 1954 on administrative grounds as an undesirable soldier and not on the ground of medical disability. Any opinion of the Release Medical Board held on 30th January 1997 with regard to the a...
1
3,090
1,502
### 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: if no note of it was made at the time of the individuals acceptance for military service. However, if medical opi...
Devidas And Others Vs. Shrishailappa And Others
that property also the three branches were divided and it was since the partition of their tenancy-in-common. It was the case of the plaintiffs that the property was not divided by metes and bounds, as it could not be, pending the settlement of the disputes.11. After the case reached the High Court after remand, counse...
0[ds]It appears from entries in the record of rights that Rachappa received at the partition lands producing annually 86 bags of paddy, defendants 5 to 8 received lands producing 92 bags of paddy and Basalingappa received for his share lands producing 89 bags of paddy. It also appears from the village Panchayat extract...
0
4,877
1,302
### 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: that property also the three branches were divided and it was since the partition of their tenancy-in-commo...
UNION OF INDIA AND OTHERS Vs. N MURUGESAN ETC
36. There is no inordinate delay in approaching the Court as the respondent was under the bona fide impression and the legitimate expectation that since the rules do not permit a tenure-based appointment, he is to continue till the date of superannuation. In fact, the respondent made multiple representations to the app...
0[ds]27. We would like to quote the following judgments for better appreciation and understanding of the said principle: Nagubai Ammal v. B. Shama Rao, 1956 SCR 451:But it is argued by Sri Krishnaswami Ayyangar that as the proceedings in OS. No. 92 of 1938-39 are relied on as barring the plea that the decree and sale i...
0
10,905
37,833
### 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: 36. There is no inordinate delay in approaching the Court as the respondent was under the bona fide impression an...
Commissioner Of Income-Tax, Madhya Pradesh Etc Vs. M/S. Straw Products Ltd., Bhopal
law to a problem raised by the reference before the High Court is not normally excluded merely because at the date when the Tribunal decided the question the relevant law was not or could not be brought to its notice.Therefore, following this judgment, we must hold that Mr. Sastri is entitled to rely on the 1962 order ...
1[ds], Mr. Desai contends that the question referred to the High Court in this case is not couched in terms of sufficient amplitude to cover the points he has tried to make, namely, whether the order dated August 22, 1962 is retrospective and whether the assessee is covered by the terms of Cl. (b) of the Explanation.Lo...
1
3,690
420
### 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: law to a problem raised by the reference before the High Court is not normally excluded merely because ...
Union Of India Vs. Tata Teleservices(Maharashtra) Ltd
14 of the Act going by the definition of licensee and the meaning given to it in the Notice Inviting Tenders. The argument of learned Senior Counsel on behalf of the respondent is that the expressions “licensor” and “licensee” are defined in the Act and the respondent had not become a licensee and the appellant had not...
1[ds]8. Section 16 of the Act provides that the TDSAT shall not be bound by the procedure laid down in the Code of Civil Procedure, but will be guided by the principles of natural justice and subject to the other provisions of the Act have the power to regulate its own procedure. It is also to have the specified powers...
1
4,792
2,643
### 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: 14 of the Act going by the definition of licensee and the meaning given to it in the Notice Inviting Tenders. The...
M/S. NANDHINI DELUXE Vs. M/S. KARNATAKA COOPERATIVE MILK PRODUCERS FEDERATION LTD. REP. BY ITS MANAGING DIRECTOR
Act and the Rules framed thereunder, it appears to us that registration of a trade mark cannot be held to be absolute, perpetual and invariable under all circumstances. Section 12 of the Trade Marks Act prohibits registration of identical or deceptively similar trade marks in respect of goods and description of goods w...
1[ds]3. Before we proceed further, it is pertinent to mention at this stage that the milk and milk products, which are sold by the respondent under the trade mark of NANDINI, fall under Class 29 and Class 30 as per classification under Schedule IV to the Trade Marks Rules, 2002. On the other hand, various kinds of food...
1
10,877
3,185
### 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: Act and the Rules framed thereunder, it appears to us that registration of a trade mark cannot be held to be absolute, perp...
Chhaparia Industries Private Limited Vs. Overseas Polymers Private Limited
in the material supplied by the respondent and thus this plea as taken by the appellant was purely an afterthought, with an intention to avoid its liability of making payment of the outstanding amount.8. As regards the contention on behalf of the appellant in regard to the provisions of Section 22 of the SICA, learned ...
0[ds]9. Having considered the rival submissions and after going through the relevant documents and the impugned order with the assistance of the learned Counsel for the parties, we find that there is no merit in the contention as raised on behalf of the appellant. As regards the contention of the appellant that the mat...
0
2,325
562
### 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: in the material supplied by the respondent and thus this plea as taken by the appellant was purely an afterthough...
DIRECTOR TRANSPORT DEPARTMENT UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI SILVASSA Vs. MR. ABHINAV DIPAKBHAI PATEL
Inspector and the candidates were informed about the weightage to be given to the locals. 8. In Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and Others (1990) 3 SCC 130 the Petitioner belonged to ‘Gouda? community in the State of Andhra Pradesh which was recognized as a Scheduled Tribe in the Presidenti...
0[ds]The upshot of the above discussion is that a person belonging to a Scheduled Caste or a Scheduled Tribe which is notified by the President for a Union T erritory is entitled to be considered as a reserved candidate provided he is a resident of the said Union T erritory.There is no dispute that the Respondent was a...
0
2,874
442
### 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: Inspector and the candidates were informed about the weightage to be given to the locals. 8. In M...
Bhiwani Textile Mills Vs. Their Workmen and Others
do duty on any Sunday, will be entitled to an extra payment of 20 per cent of their consolidated wages for that Sunday. This direction was made by the tribunal on its view that the workmen who had never previously been called to work on Sundays and were not likely to be deprived of some amenities of social gatherings a...
1[ds]It appears to us that the only effect, if any, at all, of this part of the award by the tribunal can be that the workmen may claim that they are entitled to raise the demand afresh without terminating the award in accordance with S.19(6) of the Industrial Disputes Act; otherwise, there does not appear to be any ef...
1
2,107
825
### 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: do duty on any Sunday, will be entitled to an extra payment of 20 per cent of their consolidated wages for that Sunday. T...
DODDAMUNIYAPPA (DEAD) THROUGH LRS Vs. MUNISWAMY
trial Court. On an appeal being preferred by respondent nos. 7 to 9(defendants nos. 2 to 4), the First Appellate Court allowed the appeal vide judgment and decree dated 27 th August, 1969. The second appeal being R.S.A. No. 69 of 1970 preferred by the present appellant (defendant no. 1) before the High Court came to be...
0[ds]22. After the restoration of possession of the subject property on 7 th March, 1974, the title of the property reassumed its original character of joint family property in the hands of respondent nos. 7 to 9 (defendants nos. 2 to 4) and has created the right of inheritance of respondent nos. 1 to 6 in the joint fa...
0
3,560
598
### 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: trial Court. On an appeal being preferred by respondent nos. 7 to 9(defendants nos. 2 to 4), the First Appellate Court al...
Rodemadan India Limited Vs. International Trade Expo Centre Limited
disputed by Mr. Nariman, appearing for the Petitioner-Company. 17. It is not possible to accept the correctness of the disputed documents or to proceed on the footing that there was such a resolution passed in an Extraordinary General Meeting by which the Management Agreement of 29.10.2003 was not approved and, therefo...
1[ds]7. In my view, this contention is entirely misconceived for two reasons. In the first place, Article 145 of the Constitution itself proceeds by declaring that the provisions of the Article were "subject to the provisions of any law made by Parliament". The Act is definitely a "law made by Parliament" and it does n...
1
4,326
1,076
### 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: disputed by Mr. Nariman, appearing for the Petitioner-Company. 17. It is not possible to accept the cor...
D.K. AGRAWAL Vs. COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA
Council made an incorrect statement that the Council had considered all the materials on record and the written and oral submissions of the appellant. The observations of the Disciplinary Committee cannot by any stretch of imagination be treated as findings. At best, they may be termed as the material which falls withi...
1[ds]17. It is clear from the above provisions that the report of the Disciplinary Committee will contain a statement of the allegations, the defence entered by the members, the recorded evidence and the conclusions expressed by the Disciplinary Committee. The conclusions of the Disciplinary Committee are tentative and...
1
6,269
1,946
### 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: Council made an incorrect statement that the Council had considered all the materials on record and the...
DSG Vs. AKG
till Saturday morning. 11. Pursuant to the Order dated 28.07.2018, Dr. Uzma Perveen held four counselling sessions with the child on 31.07.2018, 07.08.2018, 14.08.2018 and 05.09.2018, and submitted her Report dated 14.09.2018 before the Family Court. The Counsellor after observing the behavior and conduct of the mother...
1[ds]24. On 10.12.2019, both the parties and the minor daughter appeared before us. We individually interviewed both the parents and the childHaving interacted with the child, we are of the view that the minor girl is certainly capable of forming an intelligent preference regarding her custodyWe found the girl who is o...
1
1,704
235
### 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: till Saturday morning. 11. Pursuant to the Order dated 28.07.2018, Dr. Uzma Perveen held four counselli...
A.Tajudeen Vs. Union Of India
is any independent corroborative evidence to support the above statements.17. According to the learned counsel representing the appellant, there was an effective opportunity to the officers of the Enforcement Directorate to produce evidence with reference to a number of important facts, disclosed by the appellant while...
1[ds]we are of the view that the statements dated 25.10.1989 and 26.10.1989 can under no circumstances constitute the sole basis for recording the finding of guilt against the appellant. If findings could be returned by exclusively relying on such oral statements, such statements could easily be thrust upon the persons...
1
8,375
1,290
### 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 any independent corroborative evidence to support the above statements.17. According to the learned counsel rep...
Bai Dosabai Vs. Mathurdas Govinddas and Others
mortgage, gift, lease or otherwise until he has furnished a statement as prescribed by the Act and a notification has been published after the prescribed procedure has been gone through. The Act came into force subsequent to the passing of the decree by the High Court. The question for our consideration is what is the ...
0[ds]We do not wish to go in any detail into the question whether the English Equitable doctrine of conversion of reality into personality is applicable in India. However, we do wish to say that the Enghish doctrine of conversion of reality into personality cannot be bodily lifted from its native English soil and trans...
0
5,469
3,218
### 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: mortgage, gift, lease or otherwise until he has furnished a statement as prescribed by the Act and a notific...
S.V.L.Murthy Vs. State Rep.By Cbi,Hyderabad
was on leave at the instance of Accused No.1. He must have developed grievance against the Accused No.4 as regards the stoppage of the said facility. If immediately thereafter the said facility had been restored by the Accused No. 4, a stand taken by him that it was done under the oral instructions of the higher author...
1[ds]21. It may be that there had been certain procedural irregularities in the transaction.However, sufficient evidence is available on record to show that the Officers had done so for the purpose of promoting the business of the Bank. In relation whereto or in respect whereof, initiatives had been taken by P.Ws. 19 a...
1
9,598
1,228
### 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 on leave at the instance of Accused No.1. He must have developed grievance against the Accused No.4 as regard...
Maharashtra Shikshan Sanstha and Ors Vs. Dilip Ganpatrao Lanjewar and Ors
Kurian Joseph, J.1. Respondent No. 1 was appointed initially for a period of 10 months i.e. from 01.07.1990 to 30.04.1991. After a period of two months (apparently summer vacation), the Respondent was again appointed as teacher for a period of 10 months. Thereafter, he was discontinued from service.2. The Respondent ch...
1[ds]However, on the facts, we find that it was an appointment against a permanent vacancy, which is not disputed either before the Tribunal or before the High Court5. In that view of the matter, we are also of the view that the High Court has rightly distinguished the case of Hindustan Education Society (supra) with t...
1
300
96
### 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: Kurian Joseph, J.1. Respondent No. 1 was appointed initially for a period of 10 months i.e. from 01.07.1990 to 30.04.1991....
Mahila Vikas Mandal Colaba Vs. State Of Maharashtra
notified that since there was violation of the terms and conditions of the land grant, action was to be taken and in addition the defaulted amount i.e. Rs. 19,03,103/- was to be recovered. It was also indicate that coercive action shall be taken if payment is not made within three days of the receipt of the notice. Rep...
1[ds]7. A bare perusal of the condition shows that requirement was to pay 50% of "net profit". What would constitute net profit has not been spelt out in the Grant. Obviously therefore, the expression "net profit" as commercially understood had to be adopted."Income"; and "profits" are not synonymous in all cases. In c...
1
1,440
644
### 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: notified that since there was violation of the terms and conditions of the land grant, action was to be...
Manager, Corporate Educational Agency Vs. James Mathew & Others
assessment of the persons outlook and philosophy and ability to implement its objects. The management is entitled to appoint the person, who according to them is most suited, to head the institution, provided he possesses the qualifications prescribed for the posts. The career advancement prospects of the teaching staf...
1[ds]4. We are afraid, the stand taken by the High Court cannot be appreciated. On all the three points, the position is well settled by the Judgments of thisemerging position is that, once the Management of a minority educational institution makes a conscious choice of a qualified person from the minority community to...
1
1,983
323
### 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: assessment of the persons outlook and philosophy and ability to implement its objects. The management is en...
R. BALAKRISHNA BHAT Vs. BANK OF BARODA
Uday Umesh Lalit, J. 1. These appeals by special leave arise out of Judgment and Order dated 09.10.2013 passed by the High Court of Judicature at Madras allowing Writ Appeal Nos.1127 to 1129 of 2013 and dismissing Writ Petition Nos.6632 of 2007, 9952 of 2007 and 14983 of 2007.2. The aforesaid Writ Petitions preferred b...
0[ds]4. The controversy in the present appeals is similar to that arising in Union Bank of India vs. United Bank of India Retirees Welfare Associations and others which have been disposed of by us vide Judgment of even date.
0
197
45
### 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: Uday Umesh Lalit, J. 1. These appeals by special leave arise out of Judgment and Order dated 09.10.2013 passed by the Hig...
Rushikesh Bharat Garud Vs. The State of Maharashtra and others
M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29.06.2021 passed by the High Court of Judicature at Bombay in Writ Petition No. 11536 of 2021, by which the High Court has dismissed the said writ petition preferred by the appellant herein in which the appellant herein chal...
1[ds]Now, it is the case on behalf of the appellant that the cases of the father of the appellant and his cousins have been re-opened and show cause notices have been issued to show cause why their caste certificates be not cancelled. Therefore, the validity of the caste certificates in favour of the father of the appe...
1
435
115
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 29...
PERKINS EASTMAN ARCHITECTS DPC Vs. HSCC (INDIA) LIMITED
from today. 20. In the light of the aforestated principles, the report of the Law Commission and the decision in Voestapline Schienen Gmbh , the imperatives of creating healthy arbitration environment demand that the instant application deserves acceptance. 21. The further question that arises is whether the power can ...
1[ds]8. It is not disputed by the respondent that it was a requisite condition to declare a lead member of the Consortium and that by aforesaid declaration the applicant No.1 was shown to be the lead member of theConsortium. The reliance is however placed by the respondent on Clause 9 of the Consortium Agreement by vir...
1
10,049
2,279
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: from today. 20. In the light of the aforestated principles, the report of the Law Commission and the decision in ...
M/s. Vaamika Island (Green Lagoon Resort) Vs. Union of India & Others
Authority is also entrusted with the power to identify ecologically sensitive areas in the CRZ and to formulate area-specific management plans for such identified areas. The Authority is also empowered to identify coastal areas highly vulnerable to erosion or degradation and formulate area-specific management plans for...
0[ds]16. The Central Government, following the directions given by this Court as well as in exercise of its powers conferred by(1) and (3) of Section 3 of the Act, constituted KCZMA vide its notification dated 21.7.2008 which was published in the Gazette of India :Extraordinary Part II. The Authority has been entrusted...
0
3,381
1,131
### 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: Authority is also entrusted with the power to identify ecologically sensitive areas in the CRZ and to formul...
Babaji Kondaji Garad Etc Vs. Nasik Merchants
attention to the circular dated 1st February, 1979, issued by the District Deputy Registrar of Co-operative Societies at Nasik in which he pointed out that the committee should co-opt required number of members on the committee from amongst the persons entitled to representation on the reserved seats. The specified soc...
1[ds]Alternatively, one can bring in Hydons test more often noticed by this Court that in order to arrive at true intendment of a statute, the Court should pose to itself the questions; (1) what was the situation prior to the provision under construction, (2) what mischief or defect was noticed before introducing the p...
1
5,546
848
### 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: attention to the circular dated 1st February, 1979, issued by the District Deputy Registrar of Co-operative...
Adesh Kaur Vs. Eicher Motors Limited and Ors
proceedings, has not appeared either before the Tribunal or before the Appellate Tribunal and has not appeared before us. The Appellant, sometime in 2014, came to know through the Company Secretary of Respondent No. 1 that duplicate share certificates had been given to somebody else who had subsequently transferred the...
1[ds]8. We are of the view that the Tribunal was absolutely correct in not relegating the Appellant to any further proceedings inasmuch this is an open and shut case of fraud in which the Appellant has been the victim, and Respondent No. 2 the perpetrator9. Equally, it is clear that the due procedure that has been outl...
1
1,337
236
### 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: proceedings, has not appeared either before the Tribunal or before the Appellate Tribunal and has not appeared before us. ...
Lal Singh Vs. State Of Gujarat
of PW128, PW132 and PW133. PW128 Satishchandra Rajnarayanlal, who was S.P., CBI II, Punjab Cell, at New Delhi in 1992 stated that he registered the offence R.C.6-SII/92. He recorded the confessional statements of A1 Lal Singh Ex.620 and A3 Tahir Jamal Ex.618 alongwith other accused. Before recording confessional statem...
0[ds]39. In our view, there is no substance in the said submission. First seals, which were removed, were affixed again at second premises after arranging and classifying the weapons. Further, there is no reason to disbelieve prosecution witnesses for the recovery of large quantity of arms, ammunitions and explosive su...
0
31,196
1,715
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: of PW128, PW132 and PW133. PW128 Satishchandra Rajnarayanlal, who was S.P., CBI II, Punjab Cell, at New Delhi in 1992 sta...
Anar Devi Vs. Nathuram
landlord, an obligation is imposed on the tenant to obtain leave from the Rent Controller to contest that application. For seeking such leave, the tenant is required to make an application supported by an affidavit specifying the ground on which he wants to contest the application. Again, if he does not file such appli...
1[ds]16. The legislature, in our view, by use of the words `if he is the owner thereof in clause (b) of Section 23-A could not have intended to require the landlord for whose benefit that provision was made, to plead in his application and to establish by evidence aliunde, that he was the owner of the accommodation, be...
1
4,408
1,221
### 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: landlord, an obligation is imposed on the tenant to obtain leave from the Rent Controller to contest ...
Meenu Paliwal Vs. Indian Oil Corporation Limited
of the intending applicants were prescribed in the brochure issued by the first respondent. The eligible candidates were required to apply in the prescribed application form. Para 17 of the application form required the applicant to state the approximate investment excluding the value of land for the construction of va...
1[ds]we are the view that the specific caveat notified by the first respondent that any misstatement of fact would result in rejection of the application and in view of the declaration given by the fifth respondent himself in the application form, referred to above, the misstatement in column 18, if untrue, would make ...
1
1,201
249
### 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: of the intending applicants were prescribed in the brochure issued by the first respondent. The eligible candidates were r...
Raja Mohan Raja Bahadur Vs. The Commissioner Of Income-Tax, U.P
that contention. The Government of the State undertook to pay the amount of the bonds in satisfaction of the liability of the debtor. The liability of the original debtor was extinguished and a fresh obligation was undertaken by the State Government in substitution of the original liability. The Government had the righ...
0[ds]5. We are unable to agree with that contention. The Government of the State undertook to pay the amount of the bonds in satisfaction of the liability of the debtor. The liability of the original debtor was extinguished and a fresh obligation was undertaken by the State Government in substitution of the original li...
0
2,892
1,038
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: that contention. The Government of the State undertook to pay the amount of the bonds in satisfaction of the liabi...
BANGALORE DEVELOPMENT AUTHORITY Vs. R.JAYAKUMAR & ORS
date of allotment. 6. Once this legal position and facts as accepted, we do not think that the respondents were entitled to any relief on the plea of parity relying upon the decision in the case of E.R. Manjaiah (supra). The facts in E.R. Manjaiah (supra) were different as the allottees had already been issued allotmen...
1[ds]1. Having heard the learned counsel for the parties, we are of the opinion that the Division Bench of the High Court of Karnataka has erred by relying upon their earlier decision in the case of E.R. Manjaiah and others v. Bangalore Development Authority and others1 as the factual matrix in the present case is diff...
1
1,627
922
### 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: date of allotment. 6. Once this legal position and facts as accepted, we do not think that the respondents were entitled t...
Western U.P. Electric Power & Supplycompany Ltd Vs. State Of U.P. & Anr
Section 3 (2) (e) (ii) of the Indian Electricity Act, 1910 (Act No. IX of 1910) as amended by the Indian Electricity (Uttar Pradesh Sanshodhan) Adhiniyam, 1961 (U.P. Act No. x x x of 1961) that the U. P. State Electricity Board make the supply of electricity direct to the Hind Lamps Ltd., Shikohabad."There is ample evi...
0[ds]7. Article 14 of the Constitution ensures equality among equals : its aim is to protect persons similarly placed against discriminatory treatment. It does not however operate against rational classification. A person setting up a grievance of denial of equal treatment by law must establish that between persons sim...
0
3,689
2,068
### 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: Section 3 (2) (e) (ii) of the Indian Electricity Act, 1910 (Act No. IX of 1910) as amended by the Indian Electric...
Sriram Narayan Medhi Vs. The State of Maharashtra
tenants specially belonging to the Scheduled Caste and Scheduled Tribe, the purchase is in danger of being ineffective for failure to deposit the sale price on due dates. It is noticed that these tenants being illiterate and socially backward have failed to deposit the amount more of ignorance than willful default. Unl...
0[ds]We do not therefore think that the impugned Act has in anyway affected the main purpose of the Act or the object which it seeks to achieve nor do the amendments effected thereby take the provisions out of the protection given to it under Article 31-A of the Constitution.15.What fell for determination in the case r...
0
4,162
305
### 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: tenants specially belonging to the Scheduled Caste and Scheduled Tribe, the purchase is in danger of being ineffe...
KAMAL KUMAR Vs. PREMLATA JOSHI
Abhay Manohar Sapre, J. 1. This appeal is directed against the final judgment and order dated 08.01.2008 passed by the High Court of Madhya Pradesh at Jabalpur in F.A. No.808 of 2000 whereby the Division Bench of the High Court dismissed the first appeal filed by the appellant herein and affirmed the judgment and decre...
0[ds]7. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal.8. In our considered opinion, the concurrent findings of facts recorded by the two Courts below on all the material issues are binding on this Court. It is much more so when we are unable t...
0
990
525
### 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: Abhay Manohar Sapre, J. 1. This appeal is directed against the final judgment and order dated 08.01.200...
The Official Liquidator Vs. Raghawa Desikachar and Ors
held by the Company, and consequently the Company agreed to give an infringement commission of 4 per cent to the Bombay Company. This amount of Rupees 20,000/- is claimed out of that amount. It is contended that Bhopal was within the area allotted to the Nagpur Company and, therefore, it was entitled to the commission....
0[ds]This Court has, in several decisions, laid down the circumstances in which an Appellate Court will be justified in directing additional evidence to be recorded for the disposal of theis apparent that by the terms of the above rule, it is only where the Court has improperly refused to admit evidence or where the Ap...
0
4,422
2,347
### 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: held by the Company, and consequently the Company agreed to give an infringement commission of 4 per cent to...
Annapurna Biscuit Manufacturing Co., Kanpur Vs. Commissioner Of Sales Tax, U.P., Lucknow
VENKATARAMIAH, J. 1. The short point for consideration in this appeal is whether the expression cooked food used in certain notifications issued under the U.P. Sales Tax Act, 1948 (U.P. Act XV of 1948) (hereinafter referred to as the Act) can be construed as including within its meaning biscuits also. 2. The assessee, ...
0[ds]It is a well settled rule of construction that the words used in a law imposing a tax should be construed in the same way in which they are understood in ordinary parlance in the area in which the law is in force. If an expression is capable of a wider meaning as well as narrower meaning the question whether the w...
0
971
439
### 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: VENKATARAMIAH, J. 1. The short point for consideration in this appeal is whether the expression cooked food used in certa...
State Bank of Patiala Vs. Mukesh Jain & Another
or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).”Section 1(4) of the DRT Act reads as under:“1. Short title, extent, commencement and application. -(1) ……………..(2) ……………..(3) ……………..(4) The provisions of this Act shall not apply where the amount of debt due to any bank or fi...
0[ds]22. In the instant case, we are concerned with the challenge to the proceedings initiated under Section 13 of the Act. There is a specific provision in the Act to the effect that the proceedings initiated under the Act cannot be challenged before a Civil Court because the Civil Court has no jurisdiction to enterta...
0
2,468
386
### 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: or under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993).”Section 1(4) of the DRT Act...
Hindustan Petroleum Corpn. Ltd Vs. M/S. Pinkcity Midway Petroleums
statutory enactments, rules or regulations or other written orders or other laws or caused or by resulting from non-observance by the dealer of the provisions of this Agreement." 20. A perusal of various sub-clauses of this Clause of the Dealership Agreement shows that the dealer is under an obligation to faithfully, p...
1[ds]23. Therefore, in our opinion, the courts below have erred in coming to the conclusion that the appellant did not have the legal authority to investigate and proceed against the respondent for its alleged misconduct under the terms of the Dealership Agreement. We are also of the opinion that if the appellant is sa...
1
5,447
891
### 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: statutory enactments, rules or regulations or other written orders or other laws or caused or by resulting from non-observ...
Navjot Singh Sidhu Vs. The State Of Punjab And Anr. Etc
Act and having himself resigned from the membership of the Parliament, cannot again come back to the Parliament until the appeal is decided in his favour. In our opinion the contentions raised have no substance. The broad features of the case which impel us to grant the order in favour of the appellant have already bee...
1[ds]. This provision has been interpreted by a Constitution Bench in K. Prabhakaran vs. P. Jayarajan (2005) 1 SCC 754 and it has been held that the protection against disqualification will be available only till the current life of the House (Parliament or the Legislature of a State) and the person continues to be a ...
1
5,493
2,641
### 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: Act and having himself resigned from the membership of the Parliament, cannot again come back to the Parliame...
Rajendra Mills, Limited Vs. Its Workmen
take appropriate disciplinary action. On appeal by the employer the Appellate Tribunal set aside the above direction of the first tribunal as regards the basic wages, but as indicated above confirmed its award as regards dearness allowance. The employer now contends that even as regards dearness allowance, reason and j...
0[ds]Even apart, however, from the question whether in the reeling department itself dearness allowance had before the date of agreement in June 1951 been linked with production or independent of production the undoubted and admitted position is that in other departments of this very company dearness allowance toworker...
0
1,193
270
### 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: take appropriate disciplinary action. On appeal by the employer the Appellate Tribunal set aside the above direction of th...
Sarva Shramik Sanghatana (K.V.)Mumbai Vs. State Of Maharashtra
is always peril in treating the words of a speech or judgment as though they are words in a legislative enactment, and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case."Circumstantial flexibility, one additional or different fact may make a world of difference be...
0[ds]In the present case, we are satisfied that the application for withdrawal of the first petition under Section 25-O(1) was made bona fide because the respondent-company had received a letter from the Deputy Labour Commissioner on 5.4.2007 calling for a meeting of the parties so that an effort could be made for an a...
0
3,419
347
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: is always peril in treating the words of a speech or judgment as though they are words in a legislative en...
Andhra Pradesh Pollution Control Board Vs. CCL Products (India) Limited
bank and the beneficiary to whom the guarantee is issued. Such a contract is independent of the underlying contract between the beneficiary and the third party at whose behest the bank guarantee is issued. 18. The principle which we have adopted accords with a consistent line of precedent of this Court. In Ansal Engine...
1[ds]The Tribunal held that the purpose of the bank guarantee was not commercial or industrial but was to secure compliance by the appellant with environmental norms that had been prescribed. Hence, in the view of the Tribunal, the appellant should have furnished a hearing to the respondent before the bank guarantees w...
1
3,394
612
### 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: bank and the beneficiary to whom the guarantee is issued. Such a contract is independent of the underlying contract betwee...
UCO Bank & Another Vs. Rajinder Lal Capoor
v. The Commissioner of Commercial Taxes and Ors. [JT 2008 (1) SC 496 ], this Court opined: "26. We have noticed hereinbefore that a legal fiction is created by reason of the said provision. Such a legal fiction, as is well known, should be applied only to the extent for which it was enacted. It, although must be given ...
0[ds]16. It is worth noticing the distinction between terminologies "proceeding pending" or "proceeding initiated". Clause (ii) of Sub-regulation (3) of Regulation 20 defines what would be pending, viz., for the purpose of attracting Clause (i) thereof. A disciplinary proceeding is initiated in terms of 1976 Regulation...
0
4,063
452
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: v. The Commissioner of Commercial Taxes and Ors. [JT 2008 (1) SC 496 ], this Court opined: "26. We have noticed he...
PUNJAB STATE POWER CORPORATION LIMITED AND ANOTHER Vs. EMTA COAL LIMITED AND OTHERS
referred to as Wednesbury unreasonableness. (Associated Provincial Picture Houses Ltd. v. Wednesbury Corpn. [(1948) 1 KB 223 : (1947) 2 All ER 680]) It applies to a decision which is so outrageous in its defiance of logic or of accepted moral standards that no sensible person who had applied his mind to the question to...
1[ds]Though there are various authorities on the said subject, we do not wish to burden the present judgment by reproducing those. In our considered view, if the words used in Section 11 of the said Act are construed in plain and literal term, they do not lead to an absurdity and as such, the rule of plain and literal ...
1
8,463
4,630
### 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: referred to as Wednesbury unreasonableness. (Associated Provincial Picture Houses Ltd. v. Wednesbury Co...
NARAYANA PRASAD SAHU Vs. THE STATE OF MADHYA PRADESH
the prosecution adopted one of the two permissible modes of sending the report by registered post to the appellantaccused. He submitted that endorsements on the postal packet containing the report showed that after giving an intimation to the appellant, the Postman unsuccessfully attempted to serve the report to the ap...
1[ds]This Court in the case of Vijendra (supra) held that mere dispatch of the report to the accused is not a sufficient compliance with the requirement of subsection (2) of Section 13 and the report must be served on the accused.6. Perusal of the judgments of the learned Magistrate and Sessions Court show that the cle...
1
1,694
287
### 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 prosecution adopted one of the two permissible modes of sending the report by registered post to the appellantaccused....
State Of Haryana Vs. M/S S.L.Arora & Company
the date of award and future interest thereupon which do not amount to award of interest on interest as interest awarded on the principal amount upto the date of award became the principal amount which is permissible in law." [emphasis supplied] But a careful reading of the decision in Mcdermott, shows that the portion...
1[ds]24. Thus it is clear that section 31(7) merely authorizes the arbitral tribunal to award interest in accordance with the contract and in the absence of any prohibition in the contract and in the absence of specific provision relating to interest in the contract, to award simple interest at such rates as it deems f...
1
6,463
1,015
### 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 date of award and future interest thereupon which do not amount to award of interest on interest as...
Abdui, Gafoor Vs. State Of Mysore
entitle the applicant to a permit. It is the duty of the Regional Transport Authority to decide on a consideration of all relevant matters whether the application should be allowed. Other operators and even the public have a legal right to make representations to persuade the Authority not to grant the permit on the me...
0[ds]This argument, in our opinion, is fallacious. All that S. 68-B pre-supposes is that there are some provisions in Chapter IV which may apply to matters under Chapter IV-A; on that assumption it proceeds to say that if on a matter to which provisions of Chapter IV would prima facie apply there is a provision in Chap...
0
2,539
1,482
### 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: entitle the applicant to a permit. It is the duty of the Regional Transport Authority to decide on a consideration of all r...
Bhopal Sugar Industries Ltd.Madhya Pradesh, And Another Vs. D.B. Dube, Sales Tax Officer, Bhopal Region, Bhopal An
law with respect to tax on sale of goods under entry 48 must, to be intra vires be one relating in fact to sale of goods and accordingly, the Provincial Legislature cannot, in the purported exercise of its power to tax sales, tax transactions which are not sales by merely enacting that they shall be deemed to be sales....
1[ds]7. Consumption by an owner of goods in which he deals is therefore not a sale within the meaning of the Sale of Goods Act and therefore it is not sale of goods within the meaning of Entry 54, List II, Sch. VII of the Constitution. The legislative power for levying tax on sale of goods being restricted to enacting ...
1
1,907
347
### 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: law with respect to tax on sale of goods under entry 48 must, to be intra vires be one relating in fact to sa...
Jiju Kuruvila Vs. Kunjujamma Mohan
21. PW3, an independent eye witness was accompanying the deceased during the journey on the fateful day. He stated that the bus coming from the opposite direction hit the car driven by the deceased and the accident occurred due to rash and negligent driving of the bus driver. 22. Ext.A1, FIR registered by Pampady Polic...
1[ds]In the present case, admittedly the claimants filed a petition in April, 1990 (affidavit sworn on 24th March, 1990) and claimed compensation in INR i.e. Rs.57,25,000/-. Such compensation was not claimed in U.S. Dollars. For the said reason and in view of the decision of this Court in Forasol (supra) as followed in...
1
4,542
1,037
### 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: 21. PW3, an independent eye witness was accompanying the deceased during the journey on the fateful day. He stated that the...
M/s. Vijayawada Bottling Company Limited Vs. Collector of Central Excise, Guntur
bottling have to be considered a part of manufacturing process and the cost of the same has to be reckoned towards the manufacture of the appellants product. In view of the difference of opinion among the two learned Members, the matter was referred to the third Member of the Tribunal on the following point of differen...
1[ds]5. In the present case, as recorded by the Tribunal, the fact that the bottles are returnable and durable are not disputed. Before the Tribunal it was pointed out that the service charges pertain to the following activitiesunloading of the empty bottles at a place about 100 yards outside the factory, the bottles a...
1
1,639
393
### 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: bottling have to be considered a part of manufacturing process and the cost of the same has to be rec...
M/S.Rollatainers Ltd., Haryana Vs. The Union Of India
to printing of books, literature, newspapers and periodicals etc. The advanced Printing Industry covers a much wider field of activity than it did in the past. Can we, therefore, say that every material on which printing work is done becomes a product of the Printing Industry ? The answer has to be in the negative. An ...
0[ds]9. The literature referred to by the appellant only shows that the printing industry has advanced to such an extent that one can print on almost anything such as glass, metal or synthetic base. Earlier the printing activity was primarily confined to printing of books, literature, newspapers and periodicals etc. Th...
0
2,139
349
### 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: to printing of books, literature, newspapers and periodicals etc. The advanced Printing Industry covers a much wider field...
Workmen Of Shri Rangavilas Motors (P) Ltd.& Anr Vs. Shri Rangavilas Motors (P) Ltd. And Ors
placed before it to indicate that the Government have applied their mind to the applicability of the proviso to the facts of this case or have actually acted pursuant to the proviso in making the references to the Labour Court, and secondly, that there can be no doubt that more than one hundred persons are interested i...
1[ds]We have already reproduced the order of reference and,in our opinion, there is force in what Mr. Ramamurti urges. It seems to us that the order of reference is quite clear if regard is had to the words "re-instatement in Bangalore branch with benefits of back wages if the words "with benefits of back wages" are no...
1
3,030
866
### 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: placed before it to indicate that the Government have applied their mind to the applicability of the proviso...
Ranjit Singh And Others Vs. State Of Punjab And Others(And Connected Appeals)
estate within the meaning of Art. 31-A(2)(b) of the Constitution. The Kochuni case (1960) 3 SCR 887 : (AIR 1960 SC 1080 ) was decided on May 4, 1960 and the decision in the Assam case was given on April 4, 1961 but there is no mention of the dicta in the former case. It was held that the rights which were extinguished ...
0[ds]From a review of these authorities it follows that when the Punjab High Court decided these cases on the authority of Jagat Singhs case, 64 Pun LR 241 : (AIR 1962 Punj 221 (FB) the view taken in this Court was in favour of giving a large and liberal meaning to the terms estate rights in an estate and extinguishmen...
0
5,744
798
### 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: estate within the meaning of Art. 31-A(2)(b) of the Constitution. The Kochuni case (1960) 3 SCR 887 :...
M/S. Transmission Corporation Of A.P.Ltd Vs. M/S. Lanco Kondapalli Power Pvt. Ltd
interlocutory remedy is intended to preserve in status quo, the rights of parties which may appear on a prima facie case. The court also, in restraining a defendant from exercising what he considers his legal right but what the plaintiff would like to be prevented, puts into the scales, as a relevant consideration whet...
0[ds]24. It is not in dispute that the Commission was constituted in terms of the Act. Section 37 of the said Act contains a non-obstante clause stating that notwithstanding anything contained in the 1996 Act, any dispute arising between the licensees shall be referred to the Commission. The Commission may proceed to a...
0
6,916
949
### 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: interlocutory remedy is intended to preserve in status quo, the rights of parties which may appear on a...
Amin Lal Vs. Hunna Mal
to promote feelings of enmity etc. He also contended that the allegations in the petition are, strictly speaking, against the respondent and not Suraj Bhan and that merely alleging that Suraj Bhan distributed the pamphlets without imputing to him the knowledge, express or implied, of the contents of the pamphlets does ...
0[ds]Since there is, according to him, no provision for amendment of an election petition during the time the Election Commission is seized with it, and since under sub-section (3) of S. 90 the powers of the Tribunal are identical with those of the Election Commission under S. 35, we must take the expression "election ...
0
4,179
1,523
### 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: to promote feelings of enmity etc. He also contended that the allegations in the petition are, strict...
Shaikh Matin Vs. State of Maharashtra & Another
1. The accused appellant who has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life is in appeal before us. 2. We have heard the learned counsels for the parties. 3. The undisputed facts of the case that will require a notice for the purposes of determination of the liability o...
1[ds]5. Taking into account the fact that the accused appellant had delivered only a single blow but on a vital part of the body of the deceased i.e. head and that despite opportunities he had refrained/restrained himself from inflicting any further injury on the deceased we are of the view that the present is not a ca...
1
414
159
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: 1. The accused appellant who has been convicted under Section 302 IPC and sentenced to undergo rigoro...
Commissioner Of Trade Tax, U.P Vs. M/S. Malviya Chemicals & Pharmaceutical Private Limited, Ghaziabad
is higher. 6.(a) Turnover of sale of goods in any assessment year to the extent of the quantity covered by production of that year and the stock of base production of previous years shall be deemed to be the turnover of base production. (b) Only the turnover of goods in any assessment year in excess of the quantity ref...
0[ds]9. A similar issue came up for consideration in Commissioner of Trade Tax, U.P. Vs. Modipan Fibres Co. (2006 (6) SCC 577 ). In that case, this Court was considering an appeal filed by the present appellant where challenge lay to the decision rendered by the High Court in Modipan Fibres Co. Vs. C.T.T. (2000 UPTC 31...
0
3,996
548
### 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: is higher. 6.(a) Turnover of sale of goods in any assessment year to the extent of the quantity cover...
Som Mittal Vs. Govt. of Karnataka
in error in giving the direction virtually amounting to a mandamus to close the case before the investigation is complete. We say no more. 13. In Hazari Lal Gupta v. Rameshwar Prasad 1972CriLJ298 this Court at SCC p. 455 pointed out: In exercising jurisdiction under Section 561-A of the Criminal Procedure Code, the Hig...
0[ds]9. In a catena of decisions this Court has deprecated the interference by the High Court in exercise of its inherent powers under Section 482 of the Code in a routine manner, It has been consistently held that the power under Section 482 must be exercised sparingly, with circumspection and in rarest of rare cases....
0
2,061
564
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: in error in giving the direction virtually amounting to a mandamus to close the case before the investigation is complete. W...
Farooq Vs. Sandhya Anthraper Kurishingal & Others
No.1071 of 2003 filed on 11th December, 2003 by two partners against the remaining partner and an unregistered firm seeking to cancel a sale made on 26th April, 2003 by the defendant partner without the consent of all the partners. A preliminary objection was taken stating that the suit was hit by Section 69 of the Ind...
1[ds]6. Having heard the learned Senior counsel appearing for the parties, it is clear that the plaint, read as a whole, relied upon clause 25 (d) of the Partnership Deed which specifically states that no partners of the firm shall without the consent in writing of the other partners be entitled to transfer immovable p...
1
1,151
295
### 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: No.1071 of 2003 filed on 11th December, 2003 by two partners against the remaining partner and an unregistered fir...
Srinivas Ram Kumar Vs. Mahabir Prasad And Others
To quote the words of Lord Thankerton in Bibhabati v. Rammendra Narayan,51 C. W. N. 98 : (A. I. R. (34) 1947 P. C.19) "it is not by any means a cast iron practice"; there may occur cases of unusual nature which might constrain us in interfere with the concurrent findings of fact in avoid miscarriage of justice. The cas...
1[ds]8. The first contention put forward by the learned counsel appears to us to be plainly unsustainable. When the Cls. below have given concurrent findings on pure questions of fact, this Ct. would not ordinarily interfere with these findings and review the evidence for the third time unless there are exceptional cir...
1
2,377
1,012
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: To quote the words of Lord Thankerton in Bibhabati v. Rammendra Narayan,51 C. W. N. 98 : (A. I. R. (34) 194...
THE STATE BANK OF INDIA AND ORS Vs. P. SOUPRAMANIANE
has observed on multiple occasions that in criminal jurisdiction, Courts do not have the power to pass a direction that the said conviction will not have any impact on the convicts services. See: Girraj Prasad Meena v. State of Rajasthan (2014) 13 SCC 674 ) on the employer who has the liberty of dealing with his employ...
0[ds]5. We do not agree with the reasons given by the High Court for setting aside the order of discharge and directing the reinstatement of the Respondent in service. A show- cause notice was issued to the Respondent in which it was categorically mentioned that the Respondent cannot continue in service after his convi...
0
2,104
1,064
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: has observed on multiple occasions that in criminal jurisdiction, Courts do not have the power to pass a dir...
Madanlal Fakirchand Dudhediya Vs. Changdeo Sugar Mills Limited, Bombay & Others
of Lord Davey in the case of Hilder v. Dexter (C), the observations being :"This sub-section, therefore, permits a limited application of the companys capital in payment of a commission (Lord Davey was referring to sub-s. (1) of S. 8 of the English Act of 1900)." I have stated above that these observations of Lord Dave...
0[ds]With respect, we are unable to agree with Mr. Munshi. By the agreement datedthe changes made in the prior agreement were mainly two. The Managing Directors rights, which each of the promoters was to enjoy by turn, were surrendered and the aggregate commission payable to the promoters was reduced to a sum equal to ...
0
9,434
1,396
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: of Lord Davey in the case of Hilder v. Dexter (C), the observations being :"This sub-section, therefore, p...
Pushkar Mehra Vs. Brij Mohan Kushwaha & Others
v. Madan Mohan [(2009) 13 SCC 422] , A. Manavalagan v. A. Krishnamurthy & Ors. [I (2005) ACC 304 ] and Keith Rowe v. Prashant Sagar and Ors. [2011 ACJ 1734 ]. The appellant also referred to the case of Burgess v. Florence Nightingale Hospital [1955(1) Q.B. 349] as cited in the Keith Rowe case (supra). 6. The learned co...
1[ds]7. We have carefully examined the correctness of the impugned judgment and award passed by the High Court in exercise of its appellate jurisdiction with a view to find out whetherthe High Court is justified in upholding the quantum of compensation awarded by the Tribunal as legal and valid and further, as to what ...
1
2,546
796
### 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: v. Madan Mohan [(2009) 13 SCC 422] , A. Manavalagan v. A. Krishnamurthy & Ors. [I (2005) ACC 304 ] and Keith Rowe...
Sudam Kisan Gavane (D) thr. L.Rs. and Ors Vs. Manik Ananta Shikketod (D) by L.Rs. and Ors
1. Without expressing any opinion on the merits of the case, we feel this case should be remanded to the High Court.2. The second appeal Under Section 100 of the Code of Civil Procedure came up for admission before the High Court on 11.06.1990. The High Court admitted the appeal without framing any question of law and ...
1[ds]1. Without expressing any opinion on the merits of the case, we feel this case should be remanded to the High CourtThe order dated 02.05.2009 also does not indicate that any question(s) of law was framed on that date. Thereafter, judgment was delivered on 10.06.2009. This judgment makes mention of certain substant...
1
996
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: 1. Without expressing any opinion on the merits of the case, we feel this case should be remanded to the Hig...
State Of Bihar Vs. Lt. Col. K. S. R. Swami
or other forest produce of the said forest...... except as provided in Rr. I, II and III. Rule 8 under which the Collector gave permission runs thus:"No land in the said forest shall be cleared or broken for cultivation or any other purpose without the written permission of the Collector". There is an apparent conflict...
0[ds]In our opinion, there is no force in this contention.It is abundantly clear that the notification under the proviso is not intended to amount to a final constitution of the private forest as a private protected forest. The notification under the proviso is to be made only "pending the completion of the said enquir...
0
3,994
1,094
### 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: or other forest produce of the said forest...... except as provided in Rr. I, II and III. Rule 8 under which the C...
Allahabad Bank Vs. Arc Holding Ltd. & Ors
as a going concern with a rider to absorb all the employees would not only bring low sale price but would negate the execution of the decree. 9. On the other hand the submission on behalf the judgment-debtor and on behalf of the workmen is such an order is just and proper as it brings back workers to earn their livelih...
1[ds]14. When indisputably the order of winding up made onhad become final and company has becomefor long, even BIFR could not come to its rescue and the attempt of the workers unionresuscitate the company by getting a committee constituted for management was repelled by a Division Bench of the High Court and this Cour...
1
2,118
207
### 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: as a going concern with a rider to absorb all the employees would not only bring low sale price but would negate t...
Motor General Finance Ltd Vs. CIT, Delhi
1. Heard learned counsel for the parties. 2. Delay condoned. 3. Leave granted. 4. The only question which arises for our consideration in this case is whether the amount advanced by the appellant to its subsidiary in the relevant year was out of the profit earned by the Company for the said year or it was from the fund...
1[ds]7. We have seen from the file that, as contended by the learned counsel, certain statements were produced before the authorities, notice of which has not been taken by the High Court. The contents of these statements would have vital importance on the ultimate decision that the High Court may have to take. Therefo...
1
522
117
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: 1. Heard learned counsel for the parties. 2. Delay condoned. 3. Leave granted. 4. The only question which arises for our c...
Thakoreshri Naharsinghji Dolatsinghji and Others Vs. State of Gujarat and Others
deemed to include the concession of the right of the Government to all trees growing on that land which may not have been, or which shall not hereafter be, expressly reserved at the time of granting such permissions, or which may not have been reserved, under any of the foregoing provisions of this section, at or about...
1[ds]On reading these provisions simpliciter one could say that the trees attached to the earth formed part of the land and the appellant became occupant of the land alongwith the trees. Under section 8 of the Jagirs Abolition Act all public roads etc. situate i n Jagir villages vest in the Government. Indisputably the...
1
3,653
530
### 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: deemed to include the concession of the right of the Government to all trees growing on that land which ma...
V.M. Gadre (Dead) By Lrs Vs. Shri M.G. Diwan
may have been given to fixation of pension whereas in another the benefit may have been given to house rent or maximum medical expenses. This becomes clear if we examine cases under the Industrial Disputes Act where questions of fixation of service conditions on region-cum- industry basis are attempted. While exercisin...
1[ds]9. It is further the case of the LIC that in order to pay a minimum pension of Rs. 375/- p.m. it will require an amount of Rs. 8,35,000/- at the initial stage to be followed by further subventions to maintain the viability of the Fund and if payment has to be made at that rate from 1.1.1986 the Fund will have to b...
1
3,527
1,108
### 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: may have been given to fixation of pension whereas in another the benefit may have been given to house rent ...
Prahlad Sharma Vs. State Of U.P.
and provisions relating to the government employees could not be applicable to those employees. In paragraph 10 of the judgment it is held as follows: ".... We must, therefore, hold that the corporation which is Hindustan Steel Limited in this case is not a department of the Government nor are the servants of it holdin...
1[ds]Incumbent of such officers may even though some times be Govt. servants on deputation but while working as a Chairman or the Managing Director or any authority in the organization or the corporation, they would not be subordinate to the government. It is again to be noticed that then perhaps the right to invoke th...
1
2,978
589
### 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: and provisions relating to the government employees could not be applicable to those employees. In paragraph 10 of the jud...
Indira Sohanlal Vs. Custodian of Evacuee Property, Delhi & Others
Custodian-General which is under appeal before us. Learned counsel for the appellant attacked it on various grounds. He urged that the ground on which the learned custodian-General set aside the Additional Custodians order, viz., absence of notice to the prior allottees is wholly untenable.28. He contended that the all...
1[ds]It appears to us that these contentions are unsustainable. (1905) AC 369 (A), relates to the case of a right of appeal against an order passed or to be passed in a pendinglegislature by an amendment of the Income-tax Act, which came into force on the 1-4-1926, inserted therein S. 66-A and gave a right of appeal ag...
1
7,825
1,336
### 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: Custodian-General which is under appeal before us. Learned counsel for the appellant attacked it on various ...
Ram Chandra Kailash Kumar and Company Vs. State of Uttar Pradesh Etc
of this Court in Raunaq Ram Tara Chand &Ors. etc. v. The State of Punjab &Ors. But that case is distinguishable because of the language of rules 29 and 31 of the Punjab Agricultural Produce Market Rules framed in accordance with the Punjab Agricultural Produce Markets Act, 1961. Both the rules aforesaid clearly stated ...
1[ds]10. These four points are taken up together as there is no substance in any of them. Declaration of big areas as Market Areas does not offend any provision of law. Any area big or small including towns and villages can be declared as Market Area under s.6 of the Ac t. As explained in the case of Kewal Krishan Puri...
1
11,347
6,146
### 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: of this Court in Raunaq Ram Tara Chand &Ors. etc. v. The State of Punjab &Ors. But that case is distinguish...
S. P. Jain Vs. Kalinga Tubes Ltd
only amount outstanding in that year was Rs. 9 lacs The slight delay in the payment of the full value of the shares cannot therefore in the circumstances be said to be so prejudicial to the interests of the Company as to call for any action under S. 398 of the Act. 33. As to the removal of Rs. 7 lacs from the coffers o...
0[ds]31. Reference then may be made to the proposed increase of shares for which a meeting was called on September 21, 1960 and which gave further cause to the appellant to move the application which he did on September 14, 1960. In that meeting it was proposed to increase the share capital by rupees two crores, one cr...
0
13,424
1,953
### 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: only amount outstanding in that year was Rs. 9 lacs The slight delay in the payment of the full value of the shares cannot...
P. K. Mohammad Private Limited, Cochin Vs. Esi Corporation
petitioner on the expression shop which appears in the notification issued under Section1(5) of the Act which is a beneficent legislation. The word "shop" has not been defined in the Act. A shop is no doubt an establishment (other than a factory) to which the Act can be extended under Section1 (5) of the Act provided o...
0[ds]n this case, the argument advanced on behalf of the appellant is slightly different, namely, other kinds of establishments which can easily fall within the definition of "shop" have been enumerated. Hence, a specific enumeration, so as to include the appellants business activity, is to be insisted upon.n our consi...
0
3,619
419
### 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: petitioner on the expression shop which appears in the notification issued under Section1(5) of the A...
Ajay Mitra Vs. State Of M.P.
as follows: "Where the charge against the accused is under S. 420 in that he induced the complainant to part with his goods, on the understanding that the accused would pay for the same on delivery but did not pay, if the accused had at the time he promised to pay cash against delivery an intention to do so, the fact t...
1[ds]18. So far as the present appellants are concerned, they came into picture much later in July 1999, when various trademarks and brands of A-1 were purchased by A-6. The appellants were not at all in picture at the time when the complainant claims to have spent money in improvement of its bottling plant on the basi...
1
4,039
816
### 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: as follows: "Where the charge against the accused is under S. 420 in that he induced the complain...
Ram Autar Vs. State Of Up
had occurred in the fields earlier in the day, the sentence awarded by the High Court is unduly harsh and is liable to be appropriately scaled down in the attendant facts and circumstances.12. The learned counsel for the respondent, in refutation, has urged that it having been proved beyond all reasonable doubt by unim...
1[ds]18. In the ultimate analysis, however, one cannot overlook the progression of events that occurred since the incident of trespass of the cattle of the deceased in the fields of Suraj Bali and others leading to abuse and unpleasantness between them earlier in the day. The second bout of bickerings precipitated in t...
1
2,018
406
### 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: had occurred in the fields earlier in the day, the sentence awarded by the High Court is unduly harsh and is liable to be ...
Commissioner of Sales Tax, U.P Vs. Bishamber Singh Layaq Ram
that of a pucca arhatiya and it is a misnomer to call it a kutcha arhatiya. It actually purchased the goods from the sellers, i.e., the cultivators, and then sold them in the market to the other buyers, as if they were its own, obviously at a profit. It paid to the cultivators the price of the goods it purchased and re...
1[ds]The finding arrived at by the High Court that the assessee as a kutcha arhatiya merely brought together the seller and the buyer charging an additional sum by way of commission and, therefore, could not be regarded as a dealer, i.e., a person engaged in the business of buying and selling goods, is contrary to the ...
1
3,521
1,297
### 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: that of a pucca arhatiya and it is a misnomer to call it a kutcha arhatiya. It actually purchased the g...
Akhilesh Singh @ Akhileshwar Singh Vs. Lal Babu Singh & Others
as to whether the finding of the trial court that no partition by metes and bounds taken place in the family is correct or not. The additional evidence which was admitted has been relied by the High Court while allowing the appeal. It was in the interest of justice that High Court ought to have allowed opportunity to t...
1[ds]The application dated 27.10.1997 having been rejected by the High Court, no further comment isAppellate Court admits the additional evidence under Order LXI Rule 27, we fail to see any reason for not following the same course of granting an opportunity to the contesting party, which may be affected by acceptance o...
1
3,291
516
### 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: as to whether the finding of the trial court that no partition by metes and bounds taken place in the family...
V.M. Salgaocar & Bros Vs. Board Of Trustees Of Port Of Mormugao
Section 34 prescribes time limit within which an application for setting aside of an award must be made and although the Court is given the power to extend the time on sufficient cause being shown, the said power to extend the time is restricted but a period of 30 days only and not thereafter. 37. It was then submitted...
0[ds]We do not think this view taken by the High Court can be sustained. In the first place, it is elementary that waiver is a question of fact and it must be properly pleaded and proved. No plea of waiver can be allowed to be raised unless it is pleaded and the factual foundation for it is laid in the pleadings. Here ...
0
9,618
573
### 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: Section 34 prescribes time limit within which an application for setting aside of an award must be made and although the ...
Commissioner Of Excess Profits Tax,Bombay City Vs. Sri Lakshmi Silk Mills Ltd
not. The suggestion was that freehold land is in the same position, and if you carry on business on part of it whatever you do with the rest by way of licensing or letting cannot be regarded as producing income from investment. That, however, is dead in the teeth of the judgment in the Inland Revenue Commrs. v. Broadwa...
1[ds]8. In our opinion, the contention raised by the learned Attorney General is sound. The High Court was in error in engrafting a proviso on the rule deduced by it from the authorities considered by it, to the effect that a commercial asset of a business concern which yields income must at the time it was let out be ...
1
3,685
1,039
### 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: not. The suggestion was that freehold land is in the same position, and if you carry on business on part of it wh...
SHRI RAM SAHU (DEAD) THROUGH LRS & ORS Vs. VINOD KUMAR RAWAT & ORS
the reasons given by the High Court while allowing the review application and deleting para 20 that no issue was framed by the learned Trial Court with respect to possession and/or there was no issue before the Learned Trial Court with respect to the possession and therefore the observations made in para 20 with respec...
1[ds]5. By the impugned order the High Court in exercise of powers under Section 114 read with Order 47 Rule 1 CPC has allowed the review petition and has reviewed the judgment and order dated 10.12.2013 passed in First Appeal No.241 of 2005 insofar as deleting the observations made in Para 20 as regards the possession...
1
10,851
3,149
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the reasons given by the High Court while allowing the review application and deleting para 20 that no issue...
Sub-Divisional, Officer, Mirzapur Vs. Raja Sri Niwas Prasad Singh
the 30th day and would be within time for setting aside an ex parte decree if the intimation did reach the State Government on July 22 for the first time. This matter must be tried and has not been tried. The respondent, however, contends that there is no provision for review; that the Compensation Rolls became final u...
1[ds]It is, therefore, quite clear that the State Government ought to have been joined by the objector to the proceedings for enhancement of compensation. It is equally clear that even though not joined the State Government was entitled to a special notice in common with the intermediaries and other persons interested,...
1
4,826
704
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the 30th day and would be within time for setting aside an ex parte decree if the intimation did reach the State Governmen...
Syed Mehaboob Vs. The New India Assurance Ltd
Ganguly, J. 1. Leave granted. 2. The appellant-claimant was a driver-cum-cleaner of lorry bearing No. HR 38 F 8781 and the same was stopped in front of WIPRO company at Ring Road on 31.12.2001, when at about 9 a.m., driver of the lorry bearing No. TN 34 A 2994 dashed against the appellant. The appellant sustained multi...
1[ds]10. The High Court, in passing its award, has virtually given no reasons for reducing the compensation awarded by the Tribunal to the appellant.We are of the opinion that the award of the Tribunal ised and the compensation so computed by it is just and equitable. On the other hand, the High Court has reduced the c...
1
846
243
### 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: Ganguly, J. 1. Leave granted. 2. The appellant-claimant was a driver-cum-cleaner of lorry bearing No. HR 38 ...
Agra Development Authority, Agra Vs. Anek Singh and others
amount of compensation was not actually paid to the land owners. While holding so the High Court has relied upon and considered the decision of this Court in the case of Pune Municipal Corporation and another versus Harakchand Misirimal Solanki and others reported in (2014) 3 SCC 183. 3.1 Thus, while passing the impugn...
1[ds]However, the decision of this Court in the case of Pune Municipal Corporation (supra) has been subsequently overruled by the Constitution Bench of this Court in the case of Indore Development Authority versus Manoharlal and others, 2020) 8 SCC 129. In paragraph 366 it is observed and held as under:366. In view of ...
1
1,525
1,022
### 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: amount of compensation was not actually paid to the land owners. While holding so the High Court has re...
Nagaraj Shivarao Kharjagi Vs. Syndicate Bank
seems to have felt as alleged by the petitioner and not denied by the Bank in its counter that the compulsory retirement recommended by the Central Vigilance Commission was too harsh and excessive on the petitioner in view of his excellent performance and unblemished antecedent service. The Bank appears to have made tw...
1[ds]The corresponding new bank referred to in Section 8 has been defined under Section 2(f) of the Act to mean a banking company specified in column 1 of the First Schedule of the Act and includes the Syndicate Bank. Section 8 empowers the Government to issue direction in regard to matters of po licy but there cannot ...
1
3,974
327
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: seems to have felt as alleged by the petitioner and not denied by the Bank in its counter that the compulsory retirement rec...
RAMBHAU GANPATI NAGPURE Vs. GANESH NATHUJI WARBE
DEEPAK GUPTA, J. 1. This appeal is directed against the final judgment and order dated 28.01.2009 passed by the High Court of Judicature at Bombay, Nagpur Bench whereby the second appeal filed by the appellant was dismissed on the ground that no substantial question of law arose. 2. Brief facts of the case are that the...
0[ds]We are not impressed with this argument. If there was a boundary with trees, how can that be replaced with a fence? Another important fact is that despite repeated queries, learned counsel for the appellant could not explain as to how the land in their ownership and possession which prior to the re-survey was only...
0
817
294
### 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: DEEPAK GUPTA, J. 1. This appeal is directed against the final judgment and order dated 28.01.2009 passed by the High Court...
M/S NARENDRAN SONS Vs. NATIONAL INSURANCE CO. LTD. 3 MIDDLETON STREET & ANR
1. Leave granted. 2. The challenge in the present appeals is to an order passed by the National Consumer Disputes Redressal Commission (for short, NCDRC) on 06.10.2015, whereby the revision filed by the National Insurance Company Ltd. (for short, the Insurance Company) was allowed and the amount of compensation awarded...
1[ds]4. We have heard the learned counsel for the parties and find that the jurisdiction of NCDRC under Section 21(b) of the Consumer Protection Act, 1986 is akin to the revisional jurisdiction conferred under the Code of Civil Procedure, 1908.5. The NCDRC could interfere with the order of the State Commission if it fi...
1
622
170
### 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. The challenge in the present appeals is to an order passed by the National Consume...
Krothapalli Satyanarayana Vs. Koganti Ramaiah and Others
of the space so that the plaintiff can have a full use of the passage. In reaching this conclusion, the learned Judge implicitly relied upon the reports and the maps submitted by Court Commissioners and recorded a specific finding that defendants 2 and 3 have encroached in to the suit passage to an extent of 21 1/2" on...
1[ds]8. The sketchshows the situation of the wall W Wthe house of defendants 2 and 3 as well as the house of the plaintiff. Plaintiffs house abuts on the passage and it is adjacent and to the south off the house of the plaintiff. This passage appears to be the only access the plaintiff has from his house to the road be...
1
1,354
487
### 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 the space so that the plaintiff can have a full use of the passage. In reaching this conclusion, the lear...
Mahadeva Upendra Sinai Etc Vs. Union of India & Others
mechanism provided in that Act. After the promulgation of the 1950 Order, the only difficulty that remained was caused by the different rates at which depreciation had actually been taken into account and allowed under the Hyderabad Income-tax Act. The Explanation added by the 1956 Order, in effect, did no more than ex...
1[ds]24. The pivot of the definition of written-down value" is the "actual cost" of the assets. Where the asset was acquired and also used for the business in the previous year, such value would be its full actual cost and depreciation for that year would be allowed at the prescribed rate on such cost. In subsequent ye...
1
13,518
1,480
### 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: mechanism provided in that Act. After the promulgation of the 1950 Order, the only difficulty that remained...
Commissioner, M.P. Housing Board & Others Vs. M/s. Mohanlal & Company
gets attracted. Section 14(1) of the Act, which is relevant for the present purpose, reads as follows: "14. Exclusion of time of proceeding bona fide in court without jurisdiction.- (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another...
1[ds]14. The aforesaid authority makes it absolutely clear that the scheme of limitation provided under the 1996 Act is different than 1940 Act; and, therefore, an application filed beyond the period of limitation under Section 34(3) of 1996 Act would not be an application in accordance with the said provision. As is e...
1
3,317
957
### 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: gets attracted. Section 14(1) of the Act, which is relevant for the present purpose, reads as follows: "14. E...
Monnet Ispat And Energy Ltd Vs. Union Of India
become functus officio and ceased to have any power to recall the recommendation already made on any ground whatsoever. In this regard he relied upon Jayalakshmi Coelho v. Oswald Joseph Coelho [2001) 4 SCC 181 ].174. Relying upon the decision of this Court in Mohinder Singh Gill and Anr. v. The Chief Election Commissio...
0[ds]104. The appellants have applied for mining leases in a land belonging to Government of Jharkhand (erstwhile Bihar) and it is for iron- ore which is a mineral included in the First Schedule to the 1957 Act in respect of which no mining lease can be granted without the prior approval of the Central Government. It g...
0
49,178
9,656
### 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: become functus officio and ceased to have any power to recall the recommendation already made on any ground ...
Prabhu Vs. Ramdev & Others
further to any contract not contrary to S. 4 be entitled to all the rights conferred and be subject to all the liabilities imposed on Khatedar tenants under the Act. In other words, as soon as S. 15 came into operation on October 15, 1955, the possession of the respondents, who had been inducted into the land by mortga...
0[ds]It must be remembered that these observations were made by reference to the normal relationship between the mortgagor and the mortgagee and their respective rights and obligations as determined by relevant provisions of the Transfer of Property Act. Having made these observations, however, this Court has taken the...
0
2,215
544
### 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: further to any contract not contrary to S. 4 be entitled to all the rights conferred and be subject t...
Rochem Separation Systems (I) Pvt.Ltd Vs. Mazagon Dock Ltd.
included the Second Stage RO Plant) is added to its original offer, even then the total amount quoted by respondent No.4 is lower than the original price quoted by the appellant. 14. The entire case of the appellant rests on the premise that it should be allowed to retract from its original offer dated 04.10.2002 and b...
1[ds]16. Respondent No.4 also filed a detailed affidavit in reply to the grounds of appeal. According to learned counsel for respondent No.4 that he has complied with the formalities, terms and conditions and in view thereof, the contract is concluded between respondent No.4, and 1 and hence the question of setting asi...
1
3,295
713
### 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: included the Second Stage RO Plant) is added to its original offer, even then the total amount quoted by respondent No.4 is ...
State Of Madhya Pradesh & Ors Vs. Tikam Das
force from any previous date. Therefore antedating the effect of the amendment of Rule IV is not obnoxious to the scheme nor ultra vires Section, 62.**Under the General Licence Conditions under Section 62;6. The focus must now turn on the disposal of the balance stocks with licensees held on the expiration of the perio...
1[ds]First of all we have to ascertain the scope and area of the rule-making powers, the limitations thereon and the retro-active operation of such rules, There is no doubt that unlike legislation made by a sovereign Legislature, subordinate legislation made by a delegate cannot have retrospective effect unless the rul...
1
2,223
860
### 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: force from any previous date. Therefore antedating the effect of the amendment of Rule IV is not obnoxious t...
C. N. Arunachala Mudaliar Vs. C. A. Muruganatha Mudaliar And Another
intention of the donor from the language of the document taken along with the surrounding circumstances in accordance with the well-known canons of construction. Stress would certainly have to be laid on the substance of the disposition and not on its were form.The material question which the court would have to decide...
1[ds]8. For a proper determination of the question it would be convenient first of all to refer to the law laid down in Mitskshara in regard to the fathers right of disposition over his self-acquired property and the interest which his sons or grandsons take in the same.So far the law seems to be fairly settled and the...
1
5,226
901
### 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: intention of the donor from the language of the document taken along with the surrounding circumstances in...
Chandra Prakash Vs. Commissioner of Income Tax, Uttar Pradesh
the High Court, the questions having been answered against the assessee, the matter was brought to this court. The conclusion of the High Court that the main purpose behind the partial partition and formation of the partnerships was the avoidance or reduction of the liability of the family business to excess profits ta...
1[ds]In Commissioner ofv. Ahmedbhai Umarbhai & Co. the assessee, a firm resident in British India (Bombay), carried on the business of manufacturing and selling groundnut oil. The firm owned three mills at Bombay and one at Raichur which was in Hyderabad State. In all these oil was manufactured. The oil that was manufa...
1
2,865
1,516
### 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 High Court, the questions having been answered against the assessee, the matter was brought to this cou...
UNION OF INDIA MINISTRY OF PETROLEUM AND NATURAL GAS THROUGH DIRECTOR GENERAL Vs. HARDY EXPLORATION AND PRODUCTION (INDIA) INC REP. BY MACKENZIE AUTHORISED SIGNATORY
an award made in pursuance of the ICC Rules without specifying the applicable law for the arbitration agreement. It would therefore be appropriate to hold that the question of validity of the award should be determined in accordance with the law of the State in which the arbitration proceedings have taken place i.e. th...
1[ds]23. In view of the aforesaid development of law, there is no confusion with regard to what the seat of arbitration and venue of arbitration mean. There is no shadow of doubt that the arbitration clause has to be read in a holistic manner so as to determine the jurisdiction of the Court. That apart, if there is men...
1
8,959
833
### 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: an award made in pursuance of the ICC Rules without specifying the applicable law for the arbitration agreement. It would ...
Vijay Kumar Agarwal Vs. National Textile Corporation (South Maharashtra) Limited
employees of the undertaking, The Elphinstone Spinning and weaving Mills Co. Ltd. , Elphinstone Road, Bombay. (7) OUR attention has also been drawn to a recent decision of the Supreme Court in National textile Corporation Ltd. v. Sitaram Mills Ltd. , reported (AIR) 1986 S. C. 1234. In the said reported decision sub-sec...
1[ds]We understand that the appellant Corporation has preferred an appeal in the Supreme Court against the decision in Appeal No. 177 of 1986 and the same is still pendingUntil the Supreme Court takes a contra view, the decision of this court cited hereinbefore is binding upon us and it is not open to take a contrary v...
1
2,443
1,034
### 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: employees of the undertaking, The Elphinstone Spinning and weaving Mills Co. Ltd. , Elphinstone Road, Bombay. (7) OUR atte...
Hindustan Lever Limited And Another V State Of Maharashtra And Another Vs.
92B of List I is to be given the widest interpretation, as it should be, it would be clear that as a result of the constitutional changes introduced by the Forty-sixth a amendment in article 269 read with the entry, the tax on consignment of goods now comes within the exclusive legislative field of Parliament The true ...
0[ds]Depending upon the answer to the question, the validity of the section can be judged. Mr. Dholakia submitted that the Act is, in pith and substance, an Act levying tax on purchase and not one levying tax on consignment, and referred to the observations of this court in State of Karnataka v. Ranganatha Reddy [1978]...
0
18,973
1,601
### 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: 92B of List I is to be given the widest interpretation, as it should be, it would be clear that as a re...
Nazul Ali Molla & Others Vs. State of West Bengal
V. Bhargava, J.1. These are two petitions under Article 32 of the Constitution by two persons who have been detained under Section 3(2) of the Preventive Detention Act. When these petitions came up for hearing, a preliminary objection was raised on behalf of the respondent that both these petitioners had moved the High...
1[ds]That case does not, however, apply to the case before us because the court in that case very clearly indicated that there can be not analogy between a petition for habeas corpus and petitions filed either under Article 226 of Article 32 of the Constitution which relate to writs other than a writ of habeasthese cas...
1
598
477
### 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: V. Bhargava, J.1. These are two petitions under Article 32 of the Constitution by two persons who have been detained under...