Case Name
stringlengths
11
235
Input
stringlengths
944
6.86k
Output
stringlengths
11
196k
Label
int64
0
1
Count
int64
176
118k
Decision_Count
int64
7
37.8k
text
stringlengths
1.43k
13.9k
Garware Polyester Limited & Another Vs. Union of India & Others
refund. The proceedings regarding the refund cannot be said to have been concluded or terminated unless the amount repayable as refund is actually paid without any reservation by the department. It would not attain finality to the act of refund unless the actual payment is made unconditionally. Indeed, otherwise the pu...
0[ds]12. The analysis of the facts of the decision in Jain Spinners case and the ruling by the Apex Court therein clearly disclose that it was in relation to the excise duty payable by the assessee which was assessed by the Assistant Collector onand the amount payable thereunder was paid by thein the year 1986 which wa...
0
5,143
614
### 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: refund. The proceedings regarding the refund cannot be said to have been concluded or terminated unle...
State of Maharashtra Vs. Pandurang K. Pangare
as opposite party no. 3. Notice was issued to Shri Shah in reply to which he has filed detailed affidavit.6. A filed an application for taking proceedings in perjury against Pangare as he was deliberately misleading the Court by suppressing facts and making untrue allegations. In reply Pangare filed an affidavit denyin...
1[ds]8. As regards the application forwe must confess that we had been baffled by the conduct of Pang= as even though he had sold the property in favour of Shaikh who in its turn sold it in favour of Gupta and it ultimately came to VIPL yet it was Pangare who was not only appearing in this Court but was assuring throug...
1
2,551
973
### 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: as opposite party no. 3. Notice was issued to Shri Shah in reply to which he has filed detailed affidavit.6. A filed an a...
Bagh Hussain Vs. State of Jammu and Kashmir
SHAH, J.1. By our order, dated December 19, 1969, we have dismissed this petition. We are recording the reasons for the order dismissing the petition.2. By an undated letter addressed by the petitioner, Bagh Hussain, to this Court, the petitioner claimed that he was illegally detained in the Central Jail, Jammu for mor...
0[ds]5. Under Section 8 of the Jammu and Kashmir Preventive Detention Act, 1964, the grounds of detention have to be disclosed to the person affected by the order of detention. But under Sectionof the said Act, it is provided by(2) that if a person is detained for acting in a manner prejudicial to the security of the S...
0
545
124
### 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: SHAH, J.1. By our order, dated December 19, 1969, we have dismissed this petition. We are recording t...
Chairman And M.D., B.P.L. Ltd Vs. S.P. Gururaja
meaning of Article 12 but that would not mean that in a given case the court shall assume the role of the Executive Government of the State. Statutory functions are assigned to the State by the Legislature and not by the Court. The Courts while exercising its jurisdiction ordinarily must remind itself about the doctrin...
1[ds]20. It is a well-settled principle of law that different considerations arises for the purpose of fixation of price in respect of price of land i.e. for a small area vis-a-vis a large area. The allotment price was Rs. 3,73,324/- per acre which, having regard to the policy decision of the State as also the facts an...
1
8,598
619
### 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: meaning of Article 12 but that would not mean that in a given case the court shall assume the role of the Executive Governme...
Gunjan Girishbhai Mehta Vs. Director of Investigation and Ors
1. Heard the learned Counsels for the parties and perused the relevant material. Delay condoned.2. Notice Under Section 132 of the Income-tax Act, 1961 (for short "the Act") was issued in the name of a dead person. The said notice was duly received by the present Petitioner as the legal heir of the dead person. Notice ...
0[ds]We do not agree. The issue of invalidity of the search warrant was not raised at any point of time prior to the notice Under Section 158BD. In fact, the Petitioner had participated in the proceedings of assessment initiated Under Section 158BC of the Act. The information discovered in the course of the search, if ...
0
445
262
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: 1. Heard the learned Counsels for the parties and perused the relevant material. Delay condoned.2. Notice Under Section 132...
Bses Limited & Another Vs. Union of India & Others
of FGD Plant. NEERI Report, as also assessment made by the experts of DTEPA, came to the conclusion that with a view to protect the environment, particularly in an environmentally fragile area, it was necessary that the FGD Plant be installed. The matters considered by DTEPA and the experts before it are highly technic...
0[ds]18. DTEPA took note of the order passed by the Supreme Court in (Bittu Sehgalanother v. Union of Indiaothers)3, Writ Petition(C) No. 231 of 1994, in which the Court had directed NEERI to examine the effect of the Thermal Plants operating in Dahanu area. The recommendations by NEERI included the recommendation that...
0
6,457
2,239
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of FGD Plant. NEERI Report, as also assessment made by the experts of DTEPA, came to the conclusion tha...
THE ASSAM PUBLIC SERVICE COMMISSION Vs. PRANJAL KUMAR SARMA
relevant dates, the appellants would argue that the process of selection in the present case had commenced with the issuance of advertisement well before the 2019 Procedure was notified with effect from 01.04.2019 and therefore, the selection should be in accordance with the 2010 Rules which prevailed on the date of th...
1[ds]The screening test in which the respondents and other candidates appeared on 30.06.2019 under the 2010 Rules as earlier noted, had no negative marking and, therefore, the candidates could take the risk of guessing the correct answer in the multiple choice test, without the fear of being penalised for incorrect ans...
1
2,392
396
### 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: relevant dates, the appellants would argue that the process of selection in the present case had commen...
Raghu Nath Singh Vs. Krishna Chandra Sharma
Ex. R-12 remained un-contradicted by the appellant. 15. Besides these pamphlets, comments also appeared in the local newspapers, such as the issues of June 14 and 16, 1967, of Dainik Jagran and in the issue of June 15, 1967, Manas Utthan. The Dainik Jagran of June 14, 1967, reported the speech of minister Sharma in sup...
0[ds]10. The levy of foodgrains was imposed by the U.P. Rabi Foodgrains Levy (On Producers) Order issued on April 8, 1957. The evidence showed that several cultivators at first refused to honour the levy, but they paid it up subsequently on action having been taken against them by the authorities. In some cases even ar...
0
3,988
634
### 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: Ex. R-12 remained un-contradicted by the appellant. 15. Besides these pamphlets, comments also appeared...
Gujarat Maritime Board Vs. L&T Infrastructure Development Projects Ltd.
acts purely in its executive capacity and is bound by the obligations of fairness.70.2. State in its executive capacity, even in the contractual field, is under obligation to act fairly and cannot practise some discrimination.70.3. Even in cases where question is of choice or consideration of competing claims before en...
1[ds]13. Guarantee given by the bank to the appellant contains only the condition that in case of breach by the lead promoter, viz., the first respondent of the conditions of LoI, the appellant is free to invoke the bank guarantee and the bank should honour it …any demur, merely on a demand from GMB (appellant) stating...
1
3,774
284
### 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: acts purely in its executive capacity and is bound by the obligations of fairness.70.2. State in its execu...
Modi Sugar Mills Ltd Vs. Commissioner Of Sales Tax, U.P., Lucknow
shall be required to furnish such returns.Rule 41. Returns of assessment year. (1) Every dealer whose estimated turnover during the assessment year is not less than Rs. 15,000 and who elects to submit returns of such year shall before the last day of July, October, January and April submit to the Sales Tax Officer, a r...
1[ds]6. In our opinion the Judge (Revision) was in error in holding that the assessee was not entitled to make an election under R. 39 (1) without the sanction of the Sales Tax Commissioner, and the answer to the question referred to the High Court should be in favour of the assessee. Rule 39 (2) specifically mentions ...
1
1,695
446
### 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: shall be required to furnish such returns.Rule 41. Returns of assessment year. (1) Every dealer whose estimated turnover du...
Bhaskar Waman Joshi Vs. Shrinarayan Rambilas Agarwal
evidence in Suit No. 112 of 1932 deposed that the tax came to Rs. 48 on the date of purchase, but he did not state that this amount was payable monthly. There is again evidence of witness Balkrishna examined by the transferees that the water tax was paid by the tenants. In their written statement, the transferees had s...
0[ds]The question whether by the incorporation of such a condition a transaction ostensibly of sale may be regarded as a mortgage is one of intention of the parties to be gathered from the language of the deed interpreted in the light of the surrounding circumstances. The circumstance that the condition is incorporated...
0
4,650
1,223
### 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: evidence in Suit No. 112 of 1932 deposed that the tax came to Rs. 48 on the date of purchase, but he did not state that thi...
Motipur Zamindari Company Private, Limited, and Another Vs. Their Workmen and Others
provided for the workmen ? What should be the rate of payment to the loading mazdoors for loading cane and such other purposes? (4) Whether a scheme of provident fund and retirement gratuity should be introduced? If so, what should be the scheme? (5) Whether Anchit Roy and Raghunandan Singh, two watchmen, be reinstated...
0[ds]In our opinion, the contention raised by Sri Roy in respect of this condition raised. We would, therefore, direct that instead of the said clause another clause should be substituted in the scheme of gratuity. The provision should be that while paying the gratuity to a workman who is dismissed for misconduct only ...
0
1,273
457
### 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: provided for the workmen ? What should be the rate of payment to the loading mazdoors for loading cane and such ot...
Municipal Council, Damoh Vs. Vrajlal Manilal And Co.
not applicable to cases of manufactured goods falling under cl. (b) of the rule the second contention urged by the Counsel for the appellant that the respondent-firms were not entitled to refund as they failed to satisfy the Municipal Committee that the same or identical goods had been exported does not survive. That a...
0[ds]The admitted facts in these appeals are that the respondent firms, who carry on the business of manufacturing and selling bidis imported or brought into the municipal limits of Damoh during the relevant period tobacco and other raw material, that they paid the requisite octroi duty on such raw material on its impo...
0
3,638
1,580
### 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 applicable to cases of manufactured goods falling under cl. (b) of the rule the second contention urged by th...
KARNATAKA STATE POLLUTION CONTROL BOARD Vs. B. HEERA NAIK
the definition of Company in the Companies Act and it includes any body corporate. Paragraphs 12 and 13 of the judgment is as follows: 12. Then so far offence Under Section 138 of N.I. Act, it is apt to refer, at first, the provisions of Section 141. Section 141 of the Act reads as follows: 141. Offences by companies. ...
0[ds]8. The High Court in the impugned judgment for coming to the conclusion that Commissioner of Municipal Council, Chief Officer or a Council cannot be termed as Head of the Department, has placed reliance on two earlier judgments of the High Court namely, (i) Criminal Petition No. 831 of 2007 dated 18.01.2012 and (i...
0
7,943
1,949
### 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: the definition of Company in the Companies Act and it includes any body corporate. Paragraphs 12 and 13...
Sasi (D) Thr Lrs Vs. Aravindakshan Nair And Ors
which passed the decree or made the order.(2) A party who is not appealing from a decree or order may apply for a review of judgment notwithstanding the pendency of an appeal by some other party except where the ground of such appeal is common to the applicant and the appellant, or when, being respondent, he can presen...
0[ds]2. Ordinarily, we would have passed a short order in the matter dismissing the special leave petition which would have paved the path for extinction for the litigation, for it is devoid of any merit warranting any interference but, an eloquent one, the circumstances impel us to state something more.We are really n...
0
1,603
668
### 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: which passed the decree or made the order.(2) A party who is not appealing from a decree or order may apply for a review of ...
Ganesh Prasad Dube Vs. State Of Bihar And Others
or without substance should not throw it out in limine if a prima facie case for investigation is made out. The High Court can reject a petition in limine if it takes the view that the authorities whose acts were called in question had not acted improperly or if it felt that the petition raised complicated questions of...
0[ds]Though the concluding part of the order granting the certificate states that it has been granted under Article 133(1), in the circumstances mentioned above, it is clear that the certificate has been granted only under article 133(1)(b). This is on the ground that the appellant claimed his right to the office of th...
0
3,419
977
### 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: or without substance should not throw it out in limine if a prima facie case for investigation is made out. The High Cour...
The State Of Bihar Vs. Abdul Majid
of India Act. 1935, confer legislative powers on the different legislatures in the country. Item 4 of the concurrent list in the Seventh Schedule reads thus:"Civil Procedure and all matters included in the Code of Civil Procedure, at the date of the passing of this Act." It is clear therefore that the Indian Legislatur...
0[ds]The respondent here was dismissed by the Deputy Inspector-General of Police, though he was appointed by the Inspector-General of Police. This was clearly contrary to the provisions of section 240 (3) ofthe Government of India Act,1935,which provides that no person shall be dismissed from the service of His Majesty...
0
6,340
1,233
### 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 India Act. 1935, confer legislative powers on the different legislatures in the country. Item 4 of the concurrent list ...
East India Commercial Company Private Limited V. Corporation Of Calcutta Vs.
Municipal Act is different from the M.P. Municipal Act, 1956. Section 168 of the Municipal Act is similar to the corresponding provisions in Delhi and in Andhra Pradesh and therefore it is the ratio of the decisions in the case of Padma Debi, Dewan Daulat Rai and Guntur Municipal Council which should apply. 16. There i...
1[ds]14. The principle, namely, that the annual value for the purpose of the Municipal Act could not be in excess of the standard rent even if the landlord was entitled to receive the contractual rent in respect of a building to which the rent restriction law applies has been elaborately discussed in Dewan Daulat Rai c...
1
5,030
855
### 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: Municipal Act is different from the M.P. Municipal Act, 1956. Section 168 of the Municipal Act is similar to the c...
Maya Devi (D) Through Lrs & Others Vs. State of Haryana & Another
works and the second is the cost of the development works. .…..... 20. Therefore the deduction for the ‘development factor? to be made with reference to the price of a small plot in a developed layout, to arrive at the cost of undeveloped land, will be for more than the deduction with reference to the price of a small ...
1[ds]6. So far as the first contention is concerned, the sale deed relied upon by the appellants/claimants dated 27.12.1988 is post notification. Sub-section (1) of Section 23 of the Act provides that the compensation to be awarded shall be determined by the reference court, based upon the market value of the acquired ...
1
2,563
310
### 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: works and the second is the cost of the development works. .…..... 20. Therefore the deduction for th...
SHRI MARUTI TUKARAM BAGAWE Vs. THE STATE OF MAHARASHTRA
be accepted. Point No.3 16. The High Court by the impugned judgment by directions issued in paragraph 16(B) permitted the respondents to recover excess payments made to the petitioners after 11.09.2008 by way of monthly instalments and the respondents were restrained from effecting recovery or benefits secured by the p...
1[ds]10. The Resolution of the Government dated 24.10.2004 providing for scale of Deputy Accountant to Junior Clerks, who have passed the prescribed departmental examination was withdrawn by subsequent Government Resolution dated 11.09.2008. The Tribunal is right in its view that the Government Resolution dated 26.10.2...
1
3,681
997
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: be accepted. Point No.3 16. The High Court by the impugned judgment by directions issued in paragraph 16(B) permit...
SANJIV PRAKASH Vs. SEEMA KUKREJA AND ORS
the Arbitration Act, post the amendments by Act 3 of 2016 (with retrospective effect from 23-10-2015) and even post the amendments vide Act 33 of 2019 (with effect from 9-8-2019), is no longer applicable. 154.2. Scope of judicial review and jurisdiction of the court under Sections 8 and 11 of the Arbitration Act is ide...
1[ds]6. By virtue of the Arbitration and Conciliation (Amendment) Act, 2015 [2015 Amendment Act], by which Section 11(6A) was introduced, the earlier position as to the scope of the powers of a court under Section 11, while appointing an arbitrator, are now narrowed to viewing whether an arbitration agreement exists be...
1
13,154
6,151
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: the Arbitration Act, post the amendments by Act 3 of 2016 (with retrospective effect from 23-10-2015) and ev...
S. B. Noronah Vs. Prem Kumari Khanna
a residence”. If it is let out for a commercial purpose, Section 21 will not apply, whether the ritual of a sanction under that provision has been gone through or not. Thirdly, the Controller’s permission is obligatory where he specifices the particular period for which he gives permission and further qualifies the per...
0[ds]14. Section 21 is the answer. The law seeks to persuade the owner of permises available for letting for a particular or limited period by giving him the special assurance that the expiry of that period the appointed agency will place the landlord in vacant possession. As stated earlier, the critical need was for r...
0
3,206
850
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: a residence”. If it is let out for a commercial purpose, Section 21 will not apply, whether the ritual of ...
State Of Bihar Vs. Universal Hydrocarbons Co.Ltd. & Anr Etc
expression "coal" within section 14(ia). The relevant extract of the judgment is as under : "It is not disputed that if petroleum coke is covered by clause (i) of section 14 which reads coal including coke in all its forms the State was not competent to levy tax at a rate exceeding the one given in section15(a) of the ...
0[ds]In the instant case, the respondent purchases R.P.C. and after subjecting that to a process of manufacture C.P.C. is produced. When exemption was sought to be claimed on the ground that both these items will fall under section14(ia) of the Act, that was rejected by the JointHigh Court in the impugned judgment cons...
0
3,310
552
### 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: expression "coal" within section 14(ia). The relevant extract of the judgment is as under : "It is not dispu...
Manoj Krishna Nayak and Others Vs. State of Orissa and Others
within a few days thereafter the government issued orders appointing 158 teachers as Gazetted Headmasters in Class II service and it was specifically indicated in the order that the appointments were made subject to availability of direct recruits. 6. In writ petition the vires of the Rules was challenged and it was cl...
0[ds]The High Court has examined the challenge to the Rules at considerable length and we agree with its conclusion that none of the Rules is open to challenge on the grounds taken. The main contention in regard to the challenge on this score was that experience was totally ignored in the case of direct recruitment. Th...
0
1,709
316
### 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: within a few days thereafter the government issued orders appointing 158 teachers as Gazetted Headmaste...
Messrs. Khimji Poonja And Company Vs. Shri Baldev Das C. Parikh
the contract. According to him, even if the contract note was not in the prescribed form, that fact did not affect the preexisting contract which had only to be made subject to the bye-laws but need not have been made in writing at all. Accordingly, the learned Judge dismissed the application.(15) Being aggrieved by th...
0[ds](11) The Contract Notes actually rendered by the appellants to the respondent, however, were in forms, a specimen copy whereof is set out at pages 12-15 of the Paper Book. A comparison of the two forms of the contract notes will reveal the following difference : (1) In the contract note rendered by the appellants ...
0
3,653
1,028
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the contract. According to him, even if the contract note was not in the prescribed form, that fact did...
Tobacco Manufacturers (India) Ltd Vs. The Commissioner Of Sales-Tax, Bihar, Patna
which goods were delivered in a State for consumption in such State, i. e., the sales falling within the Explanation to Art. 286(1) were fictionally inside that State for all purposes and so within the taxing power of the State in which such delivery took place, (2) that sales which by the fiction created by the Explan...
0[ds]To attract the principle thus enunciated, it is necessary that there should be an order of a superior tribunal clear, certain and definite in its terms, and without any ambiguity, to which the subordinate authority or officer to whom it is addressed, could give effect. We are clearly of the opinion that the decisi...
0
4,787
1,160
### 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: which goods were delivered in a State for consumption in such State, i. e., the sales falling within the Exp...
Jai Jai Ram Manohar Lal Vs. National Building Material Supply, Gurgaon
may be allowed if it can be made without injustice to the other side.In Amulakchand Mewaram v. Babulal Kanalal, 35 Bom LR 569=(AIR 1933 Bom 304 ), Beaumont, C. J., in delivering the judgment of the Bombay High Court set out the principles applicable to cases like the present and observed:". . . . . . . . the question w...
1[ds]5. The order passed by the High Court cannot beIn the present case, the plaintiff was carrying on business as commission agent in the name of "Jai Jai Ram Manohar Lal". The plaintiff was competent to sue in his own name as Manager of the Hindu undivided family to which the business belonged; be says he sued on beh...
1
2,036
260
### 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: may be allowed if it can be made without injustice to the other side.In Amulakchand Mewaram v. Babula...
C.I.T. West Bengal - Iii & Ors. Etc Vs. Oriental Rubber Works Etc
of the rule nisi, the same ought to have been upheld as binding on the respondent-assessee. In order words, according to the counsel for the revenue, the unauthorised retention of the seized books and documents beyond 180 days, if any, could not render the assessment for the year 1964-65 properly made invalid. Counsel ...
0[ds]On a plain reading of the aforesaid provisions it will be clear that ordinarily the books of account or other document that may be seized under an authorisation issued u/sub-s. (1) of s. 132 can be retained by the authorised officer or the concerned ITO for a period of one hundred and eighty days from the date of ...
0
2,386
617
### 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 rule nisi, the same ought to have been upheld as binding on the respondent-assessee. In order words, ...
Smt. Rukmani Devi and Others Vs. Narendra Lal Gupta
attack in different proceedings. It is well-settled that the decision of the probate court is a judgment in rem. The High Court rightly held that till the order granting probate remains in force it is conclusive as to the execution and validity of the will till the grant of probate is revoked. Apart from the fact that ...
0[ds]4. There is no merit in either of the two submissions. Deceased Ram Dulari was staying with her son, the respondent at Mesra, a place within the jurisdiction of the Court of the Fifth Additional Judicial Commissioner for over 20 years before her death, and therefore the Court had jurisdiction to entertain the appl...
0
2,123
310
### 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: attack in different proceedings. It is well-settled that the decision of the probate court is a judgm...
EX NAVY DIRECT ENTRY ARTIFICERS ASSO Vs. THE UNION OF INDIA MINISTRY OF DEFENCE REPRESENTED BY THE SECRETARY
Reserve after coming into force of the said policy—as that establishment did not exist anymore and the strength of establishment of the Indian Navy stood reduced to that extent. Indisputably, the Sailors appointed prior to 3-7-1976, had the option of continuing on the Fleet Reserve Service after expiration of their act...
0[ds]is clear from the above that liability to serve in the Indian Fleet Reserve, if required, as stipulated in Regulation 269, is only when such a Sailor is drafted into Indian Fleet Reserve. There has to be, thus, a positive act of enrolment in the Fleet Reserve. A person who is enrolled as Artificer in the Indian Na...
0
7,596
1,120
### 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: Reserve after coming into force of the said policy—as that establishment did not exist anymore and the strength of establ...
Chimajirao Kanhojirao Shirke Vs. Oriental Fire & Genl. Insurance Co.Ltd
shown in that policy." * 4. This finding is recorded in view of the stand taken by the Insurance Company before the trial court, namely, that the recording of the words "unlimited personal injury" was wrongly recorded therein. In support of this, reference is made by learned counsel for the appellants to the written st...
1[ds]we have no hesitation to hold that the High Court committed an error in setting aside the finding given by the trial court, specially in view of the said specific plea taken in the written statement. The High Court felt that since it is a legal matter, it could be adjudicated notwithstanding a different stand in i...
1
1,550
160
### 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: shown in that policy." * 4. This finding is recorded in view of the stand taken by the Insurance Company bef...
V. B. Raju Vs. State of Gujarat and Another
124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being appointed by the President to be a Judge of the Supreme Court or by his being transferred by the President to any other High Court within the territory of India." "222(1) The President may, after consultation wi...
0[ds]4. After hearing the appellant in person and learned counsel for the respondents we find no substance in the appeal and, broadly speaking, our reasons for so holding coincide with those given by the learned Single Judge and the Division Bench of the High Court, Articles 3 and 4 of the Constitution deal with a spec...
0
1,682
300
### 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: 124 for the removal of a Judge of the Supreme Court; (c) the office of a Judge shall be vacated by his being...
State of Madhya Pradesh & Anr Vs. Akhilesh Jha & Anr
was no justification to quash the enquiry and to obstruct the disciplinary proceedings which have been convened by the State in exercise of its authority over the respondent. 11. On the other hand, it has been urged on behalf of the first respondent that the charge-sheet is devoid of material particulars, including the...
1[ds]15. On the basis of the above material which has been placed on the record, it was impossible to come to the conclusion that the charge against the first respondent is vague or ambiguous. The charge-sheet, together with the statement of imputations, contains a detailed elaboration of the allegations against the fi...
1
2,022
414
### 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: was no justification to quash the enquiry and to obstruct the disciplinary proceedings which have been conven...
M.P. Oil Extraction Vs. State Of M.P.
to the selected industries by assuring supply of sal seeds by the State Government. The case of M/s. Sal Udyog was also considered by such high-powered committee and the committee recommended in favour of M/s. Sal Udyog. Thereafter, the State Government renewed the agreement with the usual renewal clause. Such action o...
0[ds]42. In the instant case, the State Government of M.P. framed Industrial Policy in 1979andthereafter revised the same from time to time according to the felt need. There is no material on record from which it can be reasonably found that the same was not informed by any reason whatsoever. That apart, such policy ha...
0
10,257
1,500
### 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 the selected industries by assuring supply of sal seeds by the State Government. The case of M/s. ...
K. SRINIVASAPPA & ORS Vs. M. MALLAMMA & ORS
entered into by plaintiff no. 1, on behalf of, and for the benefit of his two minor children, in order to protect their shares. The same was allowed by the Lok Adalat on recognising the terms of the compromise, would protect the interests plaintiff no. 1s minor children. There is no objection raised on behalf of plaint...
1[ds]27. At the outset, we observe that we do not find any reason forthcoming from the judgment of the High court while setting aside the order of the Lok Adalat dated 07th July, 2012 whereby the terms of the compromise were recorded. To recall a compromise that has been recorded would call for strong reasons. This is ...
1
6,259
1,976
### 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: entered into by plaintiff no. 1, on behalf of, and for the benefit of his two minor children, in order to p...
Union of India and Others (And Others Petitions) Vs. R. S. Dhaba, Income Tax Officer, Hoshiarpur
Constitution were attracted. It was pointed out that in his demi-official letter dated February 6, 1964, Mr. M. Kasivisvanatha Pillai, the then Commissioner of Income-tax, said that the respondent should be reverted because of the large number of complaints which the department had received against the integrity of the...
0[ds]We are unable to accept the argument of Mr. Sen that the order of reversion is punitive in character and that the procedure of article 311(2) of the Constitution is applicable to this case. In the order of reversion, dated May 22, 1964, there is nothing to show that a stigma was attached to the respondent. No refe...
0
1,631
684
### 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: Constitution were attracted. It was pointed out that in his demi-official letter dated February 6, 1964, Mr. ...
Munusamy & Others Vs. The Managing Director, Tamil Nadu State Transport Corporation (Villupuram) Ltd
the compensation amount under the head ‘loss of dependency’. The necessity to provide future prospects has been expounded by the Constitution Bench of this Court in National Insurance Company Ltd. (supra). It will be useful to reproduce paragraph No.59 of the said judgment, which reads thus:“59. Having bestowed our anx...
1[ds]3. On perusal of the judgment under appeal, it is evident that the High Court has not provided for future prospects while computing the compensation amount under the head ‘loss ofThe necessity to provide future prospects has been expounded by the Constitution Bench of this Court in National Insurance Company Ltd.t...
1
1,440
153
### 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 compensation amount under the head ‘loss of dependency’. The necessity to provide future prospects has been expounded ...
Bija Vs. State Of Haryana
was put near the dead body of deceased Santro to give an impression to police that death was caused due to electrocution. It was because of the investigating officer’s efforts that the falsehood had come to light and it was established that there was no electric connection and death was not due to electrocution but due...
1[ds]In our opinion,the appeal deserves to be partly allowed. From the evidence of prosecution witnesses and the findings recorded by both the Courts in the light of evidence of PW9-Dr. Kakkar, it was proved beyond reasonable doubt that the cause of death of Santro was asphyxia due to smothering. An impression was soug...
1
3,420
884
### 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: was put near the dead body of deceased Santro to give an impression to police that death was caused due...
Sai Bhaskar Iron Ltd Vs. A.P.Elect.Regul.Commission
to subsidy by the State Government is not at all attracted. The matter involved in the present cases is not of subsidy but determination of fuel surcharge formula. Thus, the submission based upon the violation of the provision of section 65 is wholly unwarranted and is liable to be rejected as subsidy has not been incl...
0[ds]42. In our opinion, the challenge made by the appellants is unworthy of acceptance. Fuel surcharge is really a surcharge levied to meet increased cost of generation and purchase of electricity and the scope cannot be circumscribed by its nomenclature. Thus the formula in Regulation 45B and the FSA determined by th...
0
17,660
79
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: to subsidy by the State Government is not at all attracted. The matter involved in the present cases is not of sub...
Y. Mahaboob Sheriff & Sons & Others Vs. Mysore State Transport Authority & Others
in the Act by the Amending Act No. 109 of 1956, the amendments made by the State legislatures earlier fell through and the Central legislature did not think it fit to give power to the State legislatures to reduce the period below three years in the case of a permit. If it were intended that a permit may be granted for...
1[ds]8. The Department went up in appeal against this order which was allowed in March 1959 and the Authorities were directed to reconsider the applications. In the meantime the Regional Transport Authority, Bangalore, ordered in January 1959 that the applications for renewal should be re-notified and this was done. Up...
1
4,973
491
### 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: in the Act by the Amending Act No. 109 of 1956, the amendments made by the State legislatures earlier fell th...
M/S. RUCHI SOYA INDUSTRIES LTD Vs. UNION OF INDIA & ORS
1. These appeals challenge the judgment and order dated 20th January, 2012 passed by the Division Bench of the High Court of Karnataka in Writ Petition No. 25290 of 2002 (TAR) and Writ Petition No. 25291 of 2002 (TAR), thereby dismissing the writ petitions filed by present appellant. 2. The writ petitions were basicall...
1[ds]13. We find that the present appeals are squarely covered by the law laid down by this Court in the case of Ghanashyam Mishra (supra). It will be relevant to refer to Paragraph 102 of the said judgment which reads as under:102. In the result, we answer the questions framed by us as under:102.1. That once a resolut...
1
1,115
370
### 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: 1. These appeals challenge the judgment and order dated 20th January, 2012 passed by the Division Bench of the Hi...
Intelgain Technologies Private Limited Vs. Regional Director, Western Region, Ministries of Corporate Affairs & Another
years. The company subsequently applied for registration of the logo under the Trade Marks Act, 1999 in the year 2002 claiming usage from 1985. However, the application in the name of the respondent No.2 company was made in the year 2006. It was pleaded before the authorities by the respondent No.2 that MRC Transolutio...
0[ds]13. Reliance has also been placed by the learned Counsel appearing on behalf of the Petitioner on the judgment of the Karnataka High Court in Technova Tapes (India) P. Ltd. vs. Regional Director, Ministry of Company Affairs, Southern Region and Another ([2010] 155 Comp Cas 395 (Karn)). In the said case,changed its...
0
3,355
934
### 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: years. The company subsequently applied for registration of the logo under the Trade Marks Act, 1999 in the year 2002 cla...
Vijay Kumar Moti Lal Vs. State of Maharashtra
FAZAL ALI, J.1. This appeal by certificate is directed against a judgment of the Bombay High Court dated December 3, 1968 arising our of land acquisition proceedings taken under the erstwhile Hyderabad Land Acquisition Act. The admitted position, as found by the High Court, seems to be that the land in dispute is situa...
1[ds]3. The High Court pointed out that the evidence of Mohanlal Deep Chand had not been challenged on behalf of the State. In these circumstances therefore, this was a very reasonable and adequate basis for determining the compensation of the land in dispute. Again at another place the High Court has held that even if...
1
609
343
### 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: FAZAL ALI, J.1. This appeal by certificate is directed against a judgment of the Bombay High Court dated Dec...
India General Navigation & Railway Company Limited & Others Vs. Their Workmen
where a workman is posted and as these workmen are not posted in Greater Calcutta they should not have been awarded this rate of dearness allowance.4. The tribunals reason for allowing this rate of dearness allowance to these clerks was that they were directly under the control of the head office and ought to be treate...
1[ds]The tribunal was further of the opinion that dearness allowance was a method to neutralise the high cost of living and as the members of the family of these workmen must be living in Calcutta they should get the same rate as other employees of the company living in Calcutta.So far as the principle is concerned the...
1
1,455
853
### 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: where a workman is posted and as these workmen are not posted in Greater Calcutta they should not have been awarded this rat...
State Of Mysore Vs. Abdul Razak Sahib
Hegde, J. 1. This appeal arises from certain land acquisition proceedings. The Government of Mysore notified the lands belonging to the respondent for acquisition. The notification under S. 4 of the Land Acquisition Act, 1894, was published in the official gazette on August 17, 1961, but no notices as required by that ...
0[ds]4. With the above background we have to consider the scope of Section 4 (1).Under certain circumstances publications in the Official Gazettes are presumed to be notice to all concerned. But in the case of a notification under S. 4 of the Land Acquisition Act the law has prescribed that in addition to the publicati...
0
829
363
### 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: Hegde, J. 1. This appeal arises from certain land acquisition proceedings. The Government of Mysore notified...
Patel Field Marshal Agencies & Another Vs. P.M. Diesels Ltd. & Others
statue. None exists in the 1958 Act to understand the provisions of Section 111(3) in any other manner except that the right to raise the issue of invalidity is lost forever if the requisite action to move the High Court/IPAB (now) is not initiated within the statutorily prescribed time frame.32. Thus, by virtue of the...
0[ds]The question does not seem to have received/engaged the attention of this Court at any earlier point of time and therefore will have to be answered by us.Rather, from the resume of the provisions of the 1958 Act made above it becomes clear that all questions with regard to the validity of a Trade Mark is required ...
0
8,277
1,619
### 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: statue. None exists in the 1958 Act to understand the provisions of Section 111(3) in any other manner except that the rig...
Tata Iron & Steel Co.Ltd Vs. State Of West Bengal
this analysis of the provisions of the Act we now proceed to consider the arguments advanced before us. 8. In the first place, the arguments raised before us on behalf of the appellants do not really fall for consideration inasmuch as from the facts extracted from the judgment of the learned Single Judge it is clear th...
0[ds]The expression owner, if read along with Section 3 and Section 5 of the Act, will cover the multi-storeyed building and though for the purpose of taxation different units of the buildings are taken into consideration, the taxation is on the entire building. Therefore, the argument that the unit of assessment chang...
0
2,877
399
### 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: this analysis of the provisions of the Act we now proceed to consider the arguments advanced before us. 8. I...
State Of Haryana Vs. Navir Singh
A memorandum reducing other terms and conditions with regard to the deposit in the form of a document, however, shall require registration under Section 17(1)c) of the Registration Act, but in a case in which such a document does not incorporate any term and condition, it is merely evidential and does not require regis...
0[ds]In our opinion, it may be effected in specified town by the debtor delivering to his creditor documents of title to immoveable property with the intent to create a security thereon. No instrument is required to be drawn for this purpose. However, the parties may choose to have a memorandum prepared only showing de...
0
2,425
441
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: A memorandum reducing other terms and conditions with regard to the deposit in the form of a document, however, shall req...
Syndicate Bank Vs. The General Secretary, Syndicate Bank Stff Association and Another
with no enquiry. The right of the employer to adduce evidence in both the situations is well recognised. So the employer is entitled to adduce evidence, for the first time before the Tribunal even if the employer had held no inquiry or the inquiry held by the employer is found to be perverse". 17. Two principles emerge...
1[ds]. In these circumstances Tribunal thought it necessary to hold that notice was not served on Dayananda as the Bank did not examine the postman. The notice was sent on the correct address of Dayananda and it was received back with the postal endorsement "refused". A clear presumption arose in favour of the Bank and...
1
6,075
546
### 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: with no enquiry. The right of the employer to adduce evidence in both the situations is well recognised...
M.C. Abraham & Others Vs. State of Maharashtra & Others
as the order dated 11th January, 2002 is concerned, it gives an impression that the High Court has held that it was not open to the investigating officer, in view of the order passed by the High Court dated 7th September, 2001 rejecting the anticipatory bail petitions of some of the appellants, to treat the case as C s...
1[ds]15. In the instant case the appellants had not been arrested. It appears that the result of the investigation showed that no amount had been defalcated. We are here not concerned with the correctness of the conclusion that the investigating officer may have reached. What is, however, significant is that the invest...
1
4,239
1,028
### 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 the order dated 11th January, 2002 is concerned, it gives an impression that the High Court ha...
D. C. Roy Vs. The Presiding Officer, Madhya Pradesh Industrial Court,Indo
The observations extracted earlier from the judgment of a 3-Judge Bench in Hotel Imperials case (p. 487 of the Report), on which the appellant relied strongly prima facie support the appellants contention that if an inquiry is found to be defective, the employer can make good the defect by producing the necessary evide...
0[ds]Counsel for the appellant also relied on the decision of this Court in M/s. Sasa Musa Sugar Works (P) Ltd. v. Shobrati Khan &Ors.(1) but that case is clearly distinguishable. As pointed out by this Court in P. H. Kalyanis case, Sasa Musa was a case where an application had been made under section 33(1) of the Indu...
0
3,063
456
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: The observations extracted earlier from the judgment of a 3-Judge Bench in Hotel Imperials case (p. 487 of the Report), o...
New India Assurance Co. Ltd Vs. Vipin Behari Lal Srivastava
reference to your letter of 31st ultimo. You are aware that no leave is due & we cannot grant you any further leave even without pay. You are, therefore, required to join your duty immediately, failing which we shall presume that you are no more interested in the job & we shall also presume that you have abandoned the ...
1[ds]leave can be granted only on the production of a medical certificate from a Registered Medical Practitioner clearly stating as far as possible the diagnosis and probable duration of treatment. There was no such indication in the certificates purported to have been furnished by the respondent. It is to be noted tha...
1
2,007
754
### 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: reference to your letter of 31st ultimo. You are aware that no leave is due & we cannot grant you any furt...
Kale rep. thr. L.Rs Vs. Union of India
Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 27.04.2004 passed by the High Court of Delhi at New Delhi in Civil Revision Petition No. 794 of 1990 whereby the High Court dismissed the revision petition filed by the appellant herein against the order dated 18.04.1990 of the Ad...
0[ds]8. We have perused the record, the order of the Reference Court and the impugned order and find no fault therein. The Reference Court so also the High Court after examining the entire record of the case recorded a categorical finding that the total land, which was acquired pursuant to the aforementioned Notificati...
0
750
391
### 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 filed against the final judgment and order dated 27.04.2004 pa...
Binani Bros. (P). Ltd Vs. Union Of India & Ors
the Coffee Board to the export promoter, and the second sale by the export promoter to a foreign buyer which occasioned the movement of goods and that the latter sale alone could earn the exemption from sales tax as being a sale in the course of export. 13. In Khosla case, (1966) 3 SCR 352 = (AIR 1966 SC 1216 ), it mig...
1[ds]11. In the Khosla case, (1966) 3 SCR 352 = (AIR 1966 SC 1216 ), the assessee entered into a contract with the DGS and D, New Delhi, for the supply of axle-box bodies. The goods were to be manufactured in Belgium according to specifications and the DGI SD, London or his representative had to inspect the goods as...
1
4,398
1,637
### 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 Coffee Board to the export promoter, and the second sale by the export promoter to a foreign buyer which...
Naveen Kohli Vs. Neelu Kohli
with the appellant then to come to this finding in the next para that it will by no stretch of imagination result in mental cruelty is wholly untenable. 44. The findings of the High Court that the respondent wifes cautioning the entire world not to deal with the appellant (her husband) would not lead to mental cruelty ...
0[ds]The High Court ought to have considered the repercussions, consequences, impact and ramifications of all the criminal and other proceedings initiated by the parties against each other in proper perspective. For illustration, the High Court has mentioned that so far as the publication of the news item is concerned,...
0
11,168
671
### 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: with the appellant then to come to this finding in the next para that it will by no stretch of imaginat...
Govind Prasad Chaturvedi Vs. Hari Dutt Shastri and Another
5th May the receipt of which was not denied by the reply of the advocate for the respondents and the lawyers notices on behalf of the appellant, Ex. P-35 and P-36, dated 13th May and 22nd May, 1964 would show great anxiety on the part of the appellant to complete the sale de ed. There can be no doubt that they had basi...
1[ds]The relevant clause is clause 4 which provides that the appellant must get the sale deed executed within two months i.e. upto 24th May, 1964, and in case the appellant did not get the sale deed registered within two months then the earnest money amounting to Rs. 4000 paid by the appellant shall stand forfeited wit...
1
4,671
1,650
### 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: 5th May the receipt of which was not denied by the reply of the advocate for the respondents and the lawyers notices on be...
J. Vasanthi Vs. N. Ramani Kanthammal (D) Rep. By Lrs.
Shailendra Bhardwaj (supra). In Suhrid Singh (supra) the Court was dealing with a different situation. Be that as it may, the valuation of a suit and payment of court fee shall depend upon the special provision in a State if provided for. The view taken by the Madras High Court in Chellakannu (supra), in our considered...
1[ds]11. The singular issue that gains significance in this case is that the original plaintiff was a party to the transaction. Section 40 of the Act, as we notice, provides that in a suit for cancellation of a document, the court fee has to be computed on the value of ther of the suit and such value shall be deemed to...
1
6,503
735
### 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: Shailendra Bhardwaj (supra). In Suhrid Singh (supra) the Court was dealing with a different situation. Be th...
SAU. SANGEETA W/O SUNIL SHINDE Vs. THE STATE OF MAHARASHTRA AND ORS
elected cannot be replaced other- wise than through the very same process of the election in the group, in the ab- sence of any rules to the contra. No doubt, Nationalist Congress Party has 17 members in the aghadi (group). That does not mean that the said party can impose a Group Leader in the aghadi. Imposition of a ...
0[ds]14. Perusal of sub-rule (1) of Rule 3 of the said Rules would reveal that the leader of each municipal party or a Zilla Parishad party in relation to a councillor and the leader of Panchayat Samiti party in relation to a member is required to give requisite information within thirty days of formation of a party. T...
0
5,530
2,044
### 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: elected cannot be replaced other- wise than through the very same process of the election in the group, in ...
Thakur Mohd. Ismail Vs. Thakur Sabir Ali
18 of the Act, and it would in our opinion require no persuasion to hold that the authority which was framing the Act could not have possibly intended that provision by wakf for ones children was provision for religious or charitable uses. The view taken by the Privy Council in Abul Fata Mahomed Ishaks case, 22 Ind App...
0[ds]It is clear therefore that the Act was made to define the rights of holders of talukdari estates and to regulate the succession thereto and the provisions in the Act being a complete Code relating to the special class of persons in respect of the properties conferred upon them by the British Government, whatever r...
0
5,537
2,137
### 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: 18 of the Act, and it would in our opinion require no persuasion to hold that the authority which was framing the Act cou...
Messrs. Associated Clothiers Ltd Vs. Commissioner Of Income-Tax, Calcutta
the business does not give rise to a sale in a commercial sense. The present is not a case in which persons carrying on business have floated a private limited company and have attempted to readjust their business position. Here is a case in which the assets of one company have been sold to another. The question to whi...
0[ds]We must therefore proceed on the view that there is no evidence before the Tribunal and no finding of the Tribunal that after transferring its assets the appellant Company carried on business14. It was also said that the transfer was a slump sale of the assets and there being no separate sale of the property descr...
0
3,617
839
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the business does not give rise to a sale in a commercial sense. The present is not a case in which persons carrying on busi...
Karan Kapoor Vs. Madhuri Kumar
limitations under the law. However, it is urged that the relationship of the Appellant has now been changed to purchaser on signing the ATS-I by landlord subsequent to lease agreement, therefore the relationship of landlord and tenant extinguishes. Reliance has also been placed on the judgment of Himani Alloys Limited ...
1[ds]16. Thus, legislative intent is clear by using the word may and as it may think fit to the nature of admission. The said power is discretionary which should be only exercised when specific, clear and categorical admission of facts and documents are on record, otherwise the Court can refuse to invoke the power of O...
1
5,855
1,332
### 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: limitations under the law. However, it is urged that the relationship of the Appellant has now been change...
Balabhagas Hulaschand Vs. State Of Orissa
sold is effected by a transfer of documents of title to them. Of course, in the first case, the movement of the goods must be from one State to another and in the second, the documents of title must be transferred during such movement".28. In State Trading Corporation of India Ltd. vs. State of Mysore, (1963) 3 S.C.R. ...
0[ds]30. The same view was taken in a later decision of this Court in M/s. Kelvinator of India Ltd. vs. The State of Haryana (1973) 3 S.C.C. 551 at 560 where Khanna, J., speaking for the Court observed as followsis also plain from the language of section 3(a) of the Act that the movement of goods from one State to anot...
0
4,716
863
### 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: sold is effected by a transfer of documents of title to them. Of course, in the first case, the movement of the go...
Consortium Of Titagarh Firema Adler S.P.A.- Titagarh Wagons Ltd, Through Authorised Signatory Titaga Vs. Nagpur Metro Rail Corporation Ltd
essential decisions and functions for the subsidiaries as well. According to the 1st respondent, the term "Government owned entity" would include a government owned entity and its subsidiaries and there can be no matter of doubt that the identity of the entities as belonging to the Government when established can be tr...
0[ds]23. As the uncurtained facts would reveal, on 17.02.2016 the appellant wrote to the 1st respondent seeking amendment to the "operation performance clause", i.e., Clause 12.1 of the Annexure III-A (PQ-Initial Filter). According to the said Clause, the bidder is required to have satisfactorily delivered at least 30 ...
0
10,550
1,382
### 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: essential decisions and functions for the subsidiaries as well. According to the 1st respondent, the term "Government owne...
Coal Mines Provident Fund Commissionerdhanbad & Other Vs. J. Lala & Sons
in section 10F of the Act are as follows:-"Where an employer makes default in the payment of any contribution or bonus or any charge s payable- by him under any scheme framed under this act, or where any person who is required to transfer provident fund accumulations in accordance with the provisions of section 3D make...
0[ds]The provisions contained in section 78 of the Act indicate first that the Coal Mines Provident Fund Commissioner may determine the amount due from the employer, and, second, for this purpose he may conduct such enquiry as he may deem necessary. Therefore, an enquiry is contemplated. Section 78(3) speaks of reasona...
0
1,453
443
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: in section 10F of the Act are as follows:-"Where an employer makes default in the payment of any contributio...
Jindas Oil Mill & Another Vs. Godhra Electricity Company Limited & Others
even before the Supply Act was enacted. Therefore quite clearly the licence in question is governed by the present Section 57. Hence we have to read into that licence the provisions contained in Schedule VI.If any of the earlier provisions in the licence either as they stood when the licence was originally granted or a...
0[ds]From an examination of these provisions it would be seen that under the Supply Act prior to its amendment in 1956, the charges fixed by the Government under Section 57 (2) (c) remained in force unless reduced by the licensee in the meantime till the same were altered by a subsequent order made by the Government af...
0
5,447
538
### 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: even before the Supply Act was enacted. Therefore quite clearly the licence in question is governed b...
Jitendra Nath Singh Vs. Official Liquidator
Tribunal). This limited priority is declared in Section 529-A(1) but it is restricted only to the extent specified in clause (b) of Section 529-A(1). The said provision refers to clause (c) of the proviso to Section 529(1) and it is necessary to understand the scope of the said provision.65. Under clause (c) of the pro...
1[ds]32. Reverting to the facts of the present case, the judgment of the High Court, to the extent it takes the view that the charges of the workmen and secured creditors have to rank pari passu, cannot be faulted with. However, where the learned Single Judge as well as the Division Bench of the High Court have fallen ...
1
6,206
362
### 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: Tribunal). This limited priority is declared in Section 529-A(1) but it is restricted only to the extent specified in clau...
ACG Associated Capsules Pvt. Ltd Vs. The Commissioner of Income Tax, Central-IV, Mumbai
the profits of business of an assessee as computed under the head “Profits and Gains of Business or Profession”, ninety per cent of such quantum of the receipt cannot be deducted under Explanation (baa) to Section 80HHC.12. If we now apply Explanation (baa) as interpreted by us in this judgment to the facts of the case...
1[ds]11. For this interpretation of Explanation (baa) to Section 80HHC of the Act, we rely on the judgment of the Constitution Bench of this Court in Distributors (Baroda) P. Ltd. v. Union of India and Others (supra). Section 80M of the Act provided for deduction in respect of certain intercorporate dividends and it pr...
1
3,450
1,434
### 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 profits of business of an assessee as computed under the head “Profits and Gains of Business or Profession”, ninety pe...
Nayankumar Shivappa Waghmare Vs. State of Maharashtra
Deshmukh (complainant) wherein he has taken a somersault and told that the amount was not demanded by the accused. It is on the basis of the part of the statement on which benefit of reasonable doubt appears to have been given by the trial Court. It is contended on behalf of the appellant that demand of bribe is not pr...
0[ds]12. The above argument advanced on behalf of the appellant, in the Present case is misconceived for the reason that if the same is accepted, there cannot be any case where appeal against acquittal can be allowed, and the error committed by the trial Court can beperusal of the imouoned judgment shows that after dis...
0
3,414
379
### 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: Deshmukh (complainant) wherein he has taken a somersault and told that the amount was not demanded by the accused. It is on...
Gowlibuddanna Vs. Commissioner Of Income-Tax, Mysore,Bangalore
survivorship by the sole surviving male member of a Hindu undivided family can be taxed in the hands of such male member as his own individual income for the purpose of assessment to super-tax under S. 55 of the Indian Income-tax Act, 1922." Commissioner of Income-tax v. A. P. Swamy Gomedalli, 1937-5 ITR 416: (AIR 1937...
0[ds]Under S. 3 of the Income-tax Act not a Hindu coparcenary but a Hindu undivided family is one of the assessable entities. A Hindu joint family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. A Hindu coparcenary is a much narrower body then the joi...
0
4,255
368
### 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: survivorship by the sole surviving male member of a Hindu undivided family can be taxed in the hands of suc...
Urmila Devi & Others Vs. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner & Others
to the plaintiff, it shall award him such compensation accordingly.(4) In determining the amount of any compensation awarded under this section, the court shall be guided by the principles specified in section 73 of the Indian Contract Act, 1872 (9 of 1872).(5) No compensation shall be awarded under this section unless...
1[ds]9. From the facts and material on record, it is undisputed that agreement to sell was executed by defendant Nos.1 t 5 in favour of the plaintiff and entire sale consideration of Rs.90,000/was received and possession was delivered in the year 1989 itself. Plaintiff constructed three shops on the suit land. Plaintif...
1
2,391
325
### 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 the plaintiff, it shall award him such compensation accordingly.(4) In determining the amount of any compensation award...
Municipal Corporation Of Delhi Vs. Ajanta Iron & Steel Co. (Pvt.) Ltd
Lalit Mohan Sharma, J. 1. This appeal by special leave arises out of a suit filed by the respondent-company against the appellant, Municipal Corporation of Delhi, for a mandatory injunction to restore the supply of electricity discontinued during the pendency of the suit. Initially the suit was filed for a prohibitory ...
0[ds]We are afraid, it is not possible to agree with the appellant for more reasons than one. The plaintiff is seriously denying the allegation of theft and it is not possible to assume the accusation as correct without a full-fledged trial on this issue. The case of Jagarnath Singh v. B.S. Ramaswamy, (1966) 1 S.C.R. 8...
0
562
263
### 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: Lalit Mohan Sharma, J. 1. This appeal by special leave arises out of a suit filed by the respondent-company ...
Union of India (UOI) Vs. Kalpana Industries Ltd
31, 1980. The High Court has held that tungsten wire imported by the respondent is not covered by Item 73(23) of the Tariff. The High Court was, therefore, quashed the orders holding that tungsten wire was classifiable under the said Item. C.A. Nos. 3386-3401 of 1983 and C.A. Nos. 5940-48 of 1983 and directed against t...
0[ds]7. We are unable to agree with the said contention and hold that Tungsten wire can be regarded as electrical resistance wire falling in Item 73(23). In our opinion, the High Court has rightly found that the Tungsten wire cannot be regarded as electrical resistance wire for the purpose of Item 73(23). The said conc...
0
1,369
381
### 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: 31, 1980. The High Court has held that tungsten wire imported by the respondent is not covered by Item 73(2...
Mani Subba Rao and Another Vs. Ganeshappa
CHANDRACHUD, C.J.1. The appellants filed a proceeding before the Tehsildar against the respondent for recovery of rent and obtained an order in that behalf in 1956. That order was confirmed by the Assistant Commissioner and the Deputy Commissioner. Thereupon, the appellants filed a suit for evicting the respondent unde...
0[ds]since in the instant case, the respondent had committed four defaults. Section 23(2) is not attracted and the respondent cannot claim the benefit of that provision.Were this contention raised before the High Court, it would have been possible for the High Court to examine its validity which would have obviated a r...
0
751
194
### 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: CHANDRACHUD, C.J.1. The appellants filed a proceeding before the Tehsildar against the respondent for r...
Nalangora Inasu Pylyth Vs. S.T. Varee and Others
JAGANMOHAN REDDY, J.1. This appeal is against an order appointing receiver in the following circumstances. A suit had been filed by the respondents as members of the church of the east in India in their representative capacity for an injunction that the election which was to have been held on December 9, 1962 should no...
0[ds]3. The reference to the directions of the High Court referred to in this order is the order made by the trial Court in conformity with order of the High Court dated December 13, 1967. Thereafter the respondents filed a second appeal against the dismissal of their suit in the High Court which we are informed is pen...
0
930
220
### 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: JAGANMOHAN REDDY, J.1. This appeal is against an order appointing receiver in the following circumstances. A suit had been f...
Dresser Rand S.A Vs. M/S. Bindal Agro Chem Ltd.
contended that the words the purchase order in Clause (C) should be read as this purchase order. For this purpose, he referred to several provisions of the General Conditions of Purchase, some of which use the words the purchase order whereas other use the words this purchase order. He contended that the words the and ...
0[ds]What is stated above with reference to section 33 of Arbitration Act, 1940, will apply with equal force in regard to section 3 of Foreign Awards Act. Therefore, the fact that at some point of time, BINDAL or KGK had stated that they would appoint an Arbitrator will not come in the way of their demonstrating that t...
0
11,220
100
### 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: contended that the words the purchase order in Clause (C) should be read as this purchase order. For this purpose, he ref...
Jagir Singh and Others Etc Vs. State of Bihar and Another Etc
service vehicles and the owner becomes liable to pay tax on the fares payable by passengers to the owners.18. The operational arrangement to which the petitioners refer that they have let out the vehicle on hire has no relevance to the liability to taxation. The goods are transported by a vehicle. The passengers are ca...
0[ds]These provisions indicate that the tax is payable by the owner, returns are to be furnished by the owner, the assessment is of the owner, the liability to pay is of the owner and if the owner fails to pay the money persons who are liable to pay money or owe money to the owner can be directed to pay to the Governme...
0
3,832
981
### 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: service vehicles and the owner becomes liable to pay tax on the fares payable by passengers to th...
Mohd Rashid Ahmad Etc Vs. State Of U.P. & Anr
categories of officers and servants either provisionally absorbed under s.577(e) or temporarily appointed under s.577(ee), irrespective of their salary. The Government policy was made quite clear in that circular, which we have quoted earlier. 35. At this stage, the functions of the Divisional Committees were to be pur...
1[ds]Even if the first amendment of March 30, 1967 was ineffective because it was brought into force from April 1, 1967, the second amendment of June 26, 1967, which introduced a new clause (iii) to r.6(2) with retrospective effect from July 9, 1966, was fully effective. It shifted the date for passing of the order of ...
1
7,372
2,045
### 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: categories of officers and servants either provisionally absorbed under s.577(e) or temporarily appoint...
Chandreshwar Bhuthnath Devasthan Vs. Baboy Matiram Varenkar
1. Heard learned counsel for the parties.2. The appeal has been preferred against the judgment and order passed by the High Court of Bombay at Goa, Panaji, Goa in Second Appeal No. 100 of 2005. The plaintiffs filed a suit against Devasthan for issuance of permanent injunction from disturbing his possession and other co...
1[ds]5. We have heard learned counsel for the parties at length. We are of the considered opinion that when the document had been tendered in evidence in Portuguese language, at the time it was not objected. Its translated version into English language could have been filed before the court any time, there was no requi...
1
612
284
### 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: 1. Heard learned counsel for the parties.2. The appeal has been preferred against the judgment and order passed by the High ...
New Manek Chowk Spinning And Weavingmills Co. Ltd. And O Vs. Municipal Corporation Of The City Ofahmedabad And Ors
demise, ... and practically to direct the rating authority to value the hereditament equipped with machinery and plant as it appears to the eye." 29. The matter is thus put in Witton Booth on Valuations for Rating (Fourth Edition) at p. 575:"The rateability of plant and machinery under the law which applied universally...
1[ds]There is nothing in the counter affidavit to show that conditions in the City of Ahmedabad with regard to textile mills are such as would make the method laid down at p. 164 of Faradays book applicable. The affidavit does not purport to show that the factories were constructed at or about the same time or in group...
1
11,403
919
### 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: demise, ... and practically to direct the rating authority to value the hereditament equipped with machinery and plant as it...
Ku. Sonia Bhatia Vs. State Of U.P. & Ors
concept of love and affection and this decision appears to be on all fours with the facts of the present case. Realising this predicament Mr. Kacker submitted that the words adequate consideration used in the Income-tax Act denote a different texture. Mr. Kacker argued that it is not permissible to interpret or use an ...
1[ds]9. It is manifest that if these conditions are satisfied and proved to the satisfaction of the Prescribed Authority then the burden which lies on the claimant under Explanation II would have been discharged and the transfer would not be ignored but would fall under the protective umbrella contained in Cl. (b) of t...
1
7,188
1,525
### 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: concept of love and affection and this decision appears to be on all fours with the facts of the present cas...
Daulatram Rawatmall Vs. Commissioner of Income Tax (Central) Calcutta
on November 22, 1944 an amount of Rs. 50, 000/- in cash was tendered to the Bara Bazar branch of the Central Bank of India, Calcutta. The cash so tendered was transferred to the Bombay Head Office of the Bank and a demand draft for Rs. 5, 00, 000/- was issued through the Bombay Head office of the bank to its Jamnagar b...
0[ds]The Tribunal had drawn the first inference. It was not possible, therefore, for the High Court not to accept the conclusion of the Tribunal. About the other amount of Rs. 4, 50, 000/out of the deposit in the name of Biswanath the High Court did not find that the materials on the record were sufficient for holding ...
0
1,964
294
### 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: on November 22, 1944 an amount of Rs. 50, 000/- in cash was tendered to the Bara Bazar branch of ...
M. R. Patel Vs. State Of Bihar And Others
appellant to move the Excise Commissioner for reconsideration of his order dated November 14, 1956. On being moved by the appellant under the liberty so granted by the Board of Revenue, the Excise Commissioner by his order dated March 5, 1958 reviewed and set aside his previous order on a consideration of the general d...
0[ds]The finality of S. 35 did not attach to these orders and the Board of Revenue had ample power to revise them under S. 8On a true construction of Ss. 38 and 91 of the Act it must be held that the Board, in exercise of its powers under S. 38 read with S. 91, could from time to time issue general directions with rega...
0
2,087
580
### 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: appellant to move the Excise Commissioner for reconsideration of his order dated November 14, 1956. On being move...
Kanpur Kapra Committee Syndicate Vs. Commissioner of Sales Tax, U.P
GROVER, J.1. This is an appeal by special leave from the judgment of the Allahabad High Court in a reference made under section 11 of the U.P. Sales Tax Act, 1948, hereinafter called the Act. The High Court answered the following question which was referred in the affirmative and against the assessee :"Whether on the f...
0[ds]This point does not appear to have been agitated before the departmental authorities. Moreover the facts as they appear in the various orders are altogether meagre about the constitution of the syndicate. It is not even clear whether it got itself registered under the Indian Companies Act, 1913. In the absence of ...
0
785
122
### 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: GROVER, J.1. This is an appeal by special leave from the judgment of the Allahabad High Court in a reference...
Chairman & CEO, NOIDA & Another Vs. Mange Ram Sharma (D) Thr. LRs & Another
1. By this order, we will dispose of the above Interlocutory Application filed on behalf of Dr. G.P. Pathak. The prayer in this application is that this Court should modify para 4 of the directions contained in the order dated 30th July, 2012. While making the above prayer, it is submitted that the New Okhla Industrial...
0[ds]This is a ‘Specialfloated by NOIDA as per the directions of this Court. It is not a ‘Generalfloated by NOIDA of its own. The terms and conditions applicable under ‘Generalfloated by NOIDA will have such eligibility criteria and terms and conditions that NOIDA in its wisdom finds suitable and in consonance with its...
0
864
372
### 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: 1. By this order, we will dispose of the above Interlocutory Application filed on behalf of Dr. G.P. Patha...
Kona Prabhakara Rao Versus M. Seshagiri Rao And Another,. (Civil Appeal No. 1321 Of 1979) M. Seshagiri Rao Versus Kona Prabhakara Rao And Another (Civil Appeal No. 2043 Of 1979) Vs.
as required under the law. It was vehemently contended that even on the allegations made by appellant, the Tahsildar concerned was transferred some time in September 1977, long before the elections were notified and the appellant had filed his nomination papers. So far as this part of the matter is concerned, Mr. K. K....
1[ds]3. So far as Civil Appeal No. 1321 of 1979 is concerned, after hearing counsel for the parties, we are satisfied that the judgment of the High Court cannot be sustainedIn this view of the matter, we are satisfied that the election petitioner failed to prove the allegations of corrupt practice alleged against the a...
1
1,565
744
### 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: as required under the law. It was vehemently contended that even on the allegations made by appellant, the...
VISHWABANDHU Vs. SRI KRISHNA AND ANR
is totally false, frivolous and baseless. That no evidence is produced to deny the report of the process server dated 04.04.2000 in which he stated that on 02.04.2000 the summons was duly served on applicant, nor the said report is to be manipulated. 11. Respondent No.1, being aggrieved, filed FAFO No. 2473 of 2005 in ...
1[ds]19. The summons issued by registered post was received back with postal endorsement of refusal, as would be clear from the order dated 19.02.1997. Sub-Rule (5) of Order V Rule 9 of the Code states inter alia that if the defendant or his agent had refused to take delivery of the postal article containing the summon...
1
2,084
554
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: is totally false, frivolous and baseless. That no evidence is produced to deny the report of the process server dated 04.04...
The Daily Partap Vs. Regional Provident Fund Commissioner, Punjab
Co. (India) Ltd v. Union of India case (supra) or in Jay Engineering Works Ltd & Ors. v. The Union of India & Ors. case (supra).14. In this connection, we may now usefully refer to the Constitution Bench judgment in M/s Titaghur Paper Mills Co. Ltd. v. Its Workmen case (supra), wherein an earlier Constitution Bench spe...
0[ds]7. As noted earlier, it is true that when the appellants in the first instance filed writ petitions in the High Court, it was contended by them that the Production Bonus amounts paid by them to their workmen were not part of the "basic wages" as defined under Section 2(b) of the Act. It is also true that they cont...
0
8,812
3,079
### 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: Co. (India) Ltd v. Union of India case (supra) or in Jay Engineering Works Ltd & Ors. v. The Union of India & Ors...
The Reliable Water Supply Service of India (P) Ltd Vs. The Union of India & Others
the appellant that they would deduct the amount in question from its bills. The appellant protested against the threatened deduction. Thereafter the Union of India referred the dispute to Col. J. S. Sandhu on August 13, 1962, negativing the contention of the appellant that the dispute in question does not fall within t...
0[ds]4. In support of the contention that the dispute in question did not fall within the scope of Clause 70 of the agreement, it was urged that the contract entered into by the appellant was with the President of India and that the damage, if any, caused to the aircraft was to the property of the Air Force and hence t...
0
1,304
502
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the appellant that they would deduct the amount in question from its bills. The appellant protested aga...
UNION BANK OF INDIA Vs. RAJAT INFRASTRUCTURE PVT. LTD. & ORS
of the High Court are as under: 7. Suffice it to state that where a proposed sale notice is questioned with reference to the reserve price fixed and the argument takes the form of considering valuation report, such order, if challenged before DRAT, would not require any pre-deposit being made for the reason under the i...
1[ds]7. We may make it clear that we are not going into the merits of the case in view of the fact that we agree with the High Court that the matter must be decided by the DRAT8. In view of the law laid down by this Court, we are clearly of the view that the observation made by the High Court was totally incorrect9. We...
1
1,477
515
### 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: of the High Court are as under: 7. Suffice it to state that where a proposed sale notice is questioned with reference to t...
M.P. State Road Transport Corporation Vs. M.P. Electricity Board & Another
law and therefore the application for condonation of delay was also filed. The ground mentioned in the said cross objections is that alongwith the notice of appeal the copy of the memo of appeal was not received and therefore the same could not be filed within time. 15. Perusal of various order sheets shows that no suc...
0[ds]12. I have heard the learned Counsel for the parties at length and have also perused the record of the case. As far as counter claim is concerned the Claims Tribunal has rightly rejected the same as the appellant had led no evidence o substantiate its stand for such claim. The Claims Tribunal also held that no que...
0
2,271
1,233
### 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: law and therefore the application for condonation of delay was also filed. The ground mentioned in the said cross objections...
State Of U.P. Vs. Daulat Ram Gupta
the State government or Licensing Authority under sub-clause (6) of Clause 16 of the Statutory Order, it is necessary to look into the provisions of sub-clause (6) of Clause 16 of the Statutory Order which runs as under: "(6) Every dealer shall comply with the general or special directions not inconsistent with this or...
0[ds]It is, therefore, manifest from the provisions of the Statutory Order that in so far as conditions of grant of licence for sale of Diesel Oil and its renewal are concerned, the Statutory Order is a complete code in itself and there is no provision in the Statutory Order under which a Licensing Authority could refu...
0
3,067
261
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the State government or Licensing Authority under sub-clause (6) of Clause 16 of the Statutory Order, it i...
Tata Iron And Steel Co. Ltd Vs. The State Of Bihar (And Connected Appeals)
is hardly sufficient for the inference that they were outside the scope of the charging section. What is crucial and of sole relevance are the words and the width and scope of the charging provisions and if the appellants are within it, it matters little that cases such as these might not have been actually envisaged b...
0[ds]The company was not assessed to the cess on the ore mined by it till 1926, when the company sold some quantity of iron ore extracted by it to the Bengal Iron and Steel Co. Ltd. and an assessment to cess under the Act was made against it in respect of that year. Even though it made no sales of iron ore in later yea...
0
9,969
3,448
### 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: is hardly sufficient for the inference that they were outside the scope of the charging section. What is crucial and of so...
Commissioner Of Income-Tax U.P. Lucknow Vs. M/S. Gangadhar Baijnath General Gang, Kanpur
that one of the rights that the assessee firm parted within under that agreement was the good-will of the company which is also a capital asset. Consequently compensation paid in respect of the same must also be considered as capital receipt.20. In our opinion the aforementioned arguments are fallacious. The managing a...
0[ds]20. In our opinion the aforementioned arguments are fallacious. The managing agency rights vested with the Bagla Jaipuria and Co. Similar is the case so far as the good-will is concerned assuming that any good-will had been built up by that time. Bagla Jaipuria and Co. continues to be in existence.It had not parte...
0
4,187
791
### 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: that one of the rights that the assessee firm parted within under that agreement was the good-will of the company which is...
IDBI BANK LIMITED THROUGH DGM (LEGAL) Vs. THE OFFICIAL LIQUIDATOR, OFFICE OF THE OFFICIAL LIQUIDATOR OF COMPANIES AND ANR
for this reason, as there were several secured creditors (including SBI) who had still not been satisfied and had consequently approached the DRT. It was observed that before dismissing the winding up petition, all the secured creditors to whom KOFL owed money, should have been called by the Official Liquidator to inqu...
0[ds]10. As noted supra, a Division Bench of the High Court set aside the order of the Company Court in appeal. While it was observed that the winding up petitions had not been advertised by the petitioning creditor in accordance with the 1959 Rules, it was held that it would be unjust and inequitable to wind up the co...
0
4,160
2,448
### 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: for this reason, as there were several secured creditors (including SBI) who had still not been satisfied and had ...
Municipal Corporation of Delhi Vs. Subhagwanti & Others
get into a dangerous condition owing to non-repair. It was not and is not necessary in an indictment to aver knowledge or means of knowledge: see Reg. v. Watson, [(1703) 2 Ld. Raym. 856]. In Reg. v. Bradford Navigation Co.[(1865) 6 B. and S. 631, 651] Lord Blackburn (then Blackburn, J.) laid it down as a general princi...
0[ds]It is true that the normal rule is that it is for the plaintiff to prove negligence and not for the defendant to disprove it. But there is an exception to this rule which applies where the circumstances surrounding the thing which causes the damage are at the material time exclusively under the control or manageme...
0
3,184
1,243
### 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: get into a dangerous condition owing to non-repair. It was not and is not necessary in an indictment to aver knowledge or...
M/s Thermax Ltd. & Others Vs. K.M. Johny & Others
have any personal role in the allegations and claims of Respondent No.1. There is also no specific allegation with regard to their role. 21) Apart from the fact that the complaint lacks necessary ingredients of Sections 405, 406, 420 read with Section 34 IPC, it is to be noted that the concept of `vicarious liability i...
1[ds]7) In order to understand the rival contentions, it is useful to refer the complaint of the Respondent No. 1 dated 30.05.2002 which was made before the Judicial Magistrate, First Class, Pimpri in Regular Criminal Case No. 12 of 2002. Respondent No. 1 herein is the complainant and all the appellants herein have bee...
1
8,842
2,401
### 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: have any personal role in the allegations and claims of Respondent No.1. There is also no specific alle...
Karnataka State Financial Corporation Vs. N. Narasimahaiah & Others
Mills and Another [(1994) 2 SCC 647] , this Court held: "19. The right vested in the Corporation under Section 29 of the Act is besides the right already possessed at common law to institute a suit or the right available to it under Section 31 of the Act." Section 32G of the Act provides for an additional remedy. It is...
0[ds]10. Apart from the said constitutional restrictions, the statute does not put any embargo upon the corporation to exercise its power under Section 29 of the Act. Indisputably, the said provision was enacted by the Parliament with a view to see that the dues of the Corporation are realized expeditiously. When a sta...
0
6,251
1,648
### 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: Mills and Another [(1994) 2 SCC 647] , this Court held: "19. The right vested in the Corporation under Section 29 ...
Pawan Kumar Gupta Vs. B.R. Gupta
it was last paid for the period for which the arrears of rent were legally recoverable from the tenant including the period subsequent thereto upto the end of the month previous to that in which payment or deposit is made and to continue to pay or deposit month by month by 15th of each succeeding month a sum equal to t...
0[ds]It is clear that if the tenant pays the arrears of rent within two months of service of notice, the landlord cannot get order for recovery of possession on the ground of default in payment of rent but if the tenant fails to pay the rent as required under Section 14(1)(a), the proceedings are taken under Section 15...
0
3,151
671
### 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: it was last paid for the period for which the arrears of rent were legally recoverable from the tenant ...
VASANT CHEMICALS LTD Vs. HYDERABAD METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD THE MANAGING DIRECTOR
JETL if they are not found to be consistent with the prescribed parameters;4. In terms of Clause 28, an amount of rupees one lakh per month is to be paid by JETL towards maintenance of the sewer line. Additionally, JETL has to pay sewerage maintenance and sewerage treatment charges @ Rs.6 per thousand litres of treated...
0[ds]Admittedly, JETL is neither a consumer of bulk water supply nor generating any sewage/industrial effluents of its own. The effluents of the appellant industry are not of acceptable standards for transmissionsystem of theBoard. Before the effluents of the appellant industry are to be let into the sewer line of the ...
0
8,669
2,273
### 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: JETL if they are not found to be consistent with the prescribed parameters;4. In terms of Clause 28, an amount of rupees o...
Dolai Molliko & Ors Vs. Krushna Chandra Patnaik & Ors
is not a case where a plaintiff or an appellant applies for bringing the heirs of the deceased defendant or respondent on the record, this is a case where one of the appellants died and his heirs have to be brought on record. In such a case there is no question of any diligent or bona fide enquiry for the deceased appe...
1[ds]It will be noticed that there is one difference between the present case and the two cases on which reliance has been placed on behalf of the appellants. This is not a case where a plaintiff or an appellant applies for bringing the heirs of the deceased defendant or respondent on the record, this is a case where o...
1
2,174
597
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: is not a case where a plaintiff or an appellant applies for bringing the heirs of the deceased defendant or respondent on...