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Khemchand Dayalji & Co Vs. Mohammedbhai Chandbhai
shall extend to and come into force in the City of Ahmedabad on and from the appointed day.By Section 18 it was provided :"The Presidency Small Cause Courts Act, 1882 (XV of 1882), and the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay LVII of 1947), shall in their application to the City of Ahme...
0[ds]4. By the express terms of the tenancy the appellants had undertaken to pay the municipal taxes and electricity charges as part of the rent; it is not open to them to contend that they are not rent, recoverable by the issue of a distress warrant. The last branch of the argument has, therefore, no force.The argumen...
0
2,428
1,124
### 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: shall extend to and come into force in the City of Ahmedabad on and from the appointed day.By Section 18 it w...
B.G. Exploration & Production India Limited & Others Vs. Santosh Rangnekar
in paragraph 11 and 24 of the impugned order. He submitted that perusal of the said paragraphs indicate that the Plaintiff had averred that the present case was a case of victimisation and discriminatory treatment towards him. He submitted that the learned Single Judge has observed that in view of averments made in par...
0[ds]7. In our view, therefore, the learned Single Judge is right in coming to the conclusion that this is not a fit case where fresh cause of action has been averred or pleaded but only further particulars have been given by the Plaintiff, and the submission that Plaintiffs claim is barred by limitation is without any...
0
1,807
238
### 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: in paragraph 11 and 24 of the impugned order. He submitted that perusal of the said paragraphs indicate that...
MEDICAL COUNCIL OF INDIA Vs. JAIPUR NATIONAL UNIVERSITY INSTITUTE FOR MEDICAL SCIENCES AND RESEARCH CENTRE
this Court in its order dated 09.10.2017 and all those Institutions including the Respondent Institute were added as respondents. This Court further directed MCI to conduct surprise inspection in respect of all the Colleges. It appears that the Assessors appointed by MCI conducted physical assessment and verification o...
1[ds]8. In the companion matter namely Civil Appeal arising out of Special Leave Petition (Civil) No.14972 of 2018, we have adverted to certain decisions of this Court where the propriety and correctness of similar such interim directions had been questioned before this Court. Relying upon the decisions in (i) Medical ...
1
1,301
241
### 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: this Court in its order dated 09.10.2017 and all those Institutions including the Respondent Inst...
Dilip Premnarayan Tiwari Vs. State Of Maharashtra
Shashidharan and this ought to have added as a spark which resulted in tornado. Dilip undoubtedly was a young person not even having crossed his 25 years of life and not having any criminal antecedent. If he became the victim of his wrong but genuine caste considerations, it would not justify the death sentence. The mu...
0[ds]We, therefore, do not think that even he deserves death penalty. Accused No.2, Sunil has comparatively a lesser role. Admittedly, he has not assaulted Krishnan or Prabhu, to begin with. Who has assaulted Prabhu and Abhayraj is still not clear, as it could also be that in the assaults the leading role could have be...
0
11,613
153
### 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: Shashidharan and this ought to have added as a spark which resulted in tornado. Dilip undoubtedly was a...
LAXMIKANT & ORS Vs. STATE OF MAHARASHTRA & ORS
of Greater Mumbai & Ors. v. Hiraman Sitaram Deorukhar & Ors. (2019) 14 SCC 411 . 2. A final Development Plan was published under Section 31(6) of the Act on 2.1.2002 which came into force on 18.2.2002 in respect of land including the land owned by the appellants such as Latur Reservation Site bearing No. 217 for playgr...
1[ds]6. We have heard learned counsel for the parties and find that the liberty given by the High Court to acquire the land within an additional period of one year is not contemplated by the statute. This Court in Bangalore Medical Trust, a Public Interest Litigation, interfered with the decision of the Bangalore Devel...
1
1,190
513
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: of Greater Mumbai & Ors. v. Hiraman Sitaram Deorukhar & Ors. (2019) 14 SCC 411 . 2. A final Development Pla...
Solana Ramachandra Rao & Ors Vs. Maddi Kutumba Rao & Anr
123 for interest. No deposit was made for payment to the decree-holder and it was stated in Para. 6 of the petition that:"The 3rd respondent represented by his mother is impleaded as third respondent in the Scheme Suit O. S. No. 60 of 1957, Sub-Court, Vijayawada, wherein necessary provision for the discharge of the dec...
0[ds]3. There can be no doubt that if at the time when an application under O. XXI. R. 89 is made by the judgment-debtor, the decree has been satisfied or adjusted, the deposit of any money for payment to the decree-holder is not called forFor the purpose of this appeal, it is not necessary to go into that question. As...
0
1,651
364
### 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: 123 for interest. No deposit was made for payment to the decree-holder and it was stated in Para. 6 of the petition that:"T...
Chintalapati Srinivasa Raju and Ors Vs. Securities and Exchange Board of India
ground not raised by the Revenue either in the show-cause notice or in the order. 17. In this context, we may usefully refer to the judgment of this Court in the case of Reckitt & Colman of India Ltd. v. CCE [(1997) 10 SCC 379 : (1996) 88 ELT 641 ]. This Court held that it is beyond the competence of the Tribunal to ma...
1[ds]In the present case, the new 2015 Regulations also throw considerable light on the definition of "insider", as an insider is now defined to mean only a person who is a connected person or a person who is in possession of or having access to unpublished price sensitive information. Obviously, post 2015, an "insider...
1
9,129
2,662
### 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: ground not raised by the Revenue either in the show-cause notice or in the order. 17. In this context, we ma...
Punjab Distilling Industries Ltd Vs. The Commissioner Of Income-Tax, Simla
Sons case, 1953 S C R 1057 : (A I R 1953 S C 145), the deposit was in the nature of the assessees trading structure and anterior to the trading operations, as were the deposits considered in Shell Company case, 1951-32 Tax Cas 133. In the case in hand the deposit was part of each trading transaction. It was refundable ...
0[ds]We think that the High Court took substantially a correct view of the matter when it said thatin realising these amounts "the company was really charging an extra price for the bottles". It is clear to us that the trade consisted of sale of bottled liquor and the consideration for the sale was constituted by sever...
0
5,729
1,401
### 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: Sons case, 1953 S C R 1057 : (A I R 1953 S C 145), the deposit was in the nature of the assessees trading structure and ante...
Dwarikesh Sugar Inds.Ltd Vs. Prem Heavy Engg. Works P.Ltd
whatsoever the Guarantor hereby undertakes that the Sellers shall furnish a fresh or renewed guarantee on the Purchasers pro forma for such further period as the purchasers may intimate failing which the guarantor shall pay to the purchaser a sum not exceeding Rs. 51,70,000/- (Rupees fifty one lacs seventy thousand onl...
1[ds]25. In the instant case, as has been already noticed there were two types of bank guarantees which were issued. Bank Guarantee No. 40/51 for Rs. 26,15000/was issued to ensure timely performance of the agreement by respondent No. 1. The relevant terms of this guarantee firstly makes it clear that the bank has uncon...
1
6,367
1,043
### 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: whatsoever the Guarantor hereby undertakes that the Sellers shall furnish a fresh or renewed guarantee on the Purchasers ...
H. S. YADAV Vs. SHAKUNTALA DEVI PARAKH
Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any order of the Rent Controller shall have the right to appeal in the prescribed manner within the prescribed time to the Rent Control Tribunal. (2) Appeal against an order of the Rent Control Tribunal shall lie with ...
0[ds]A bare reading of Entry 65 clearly indicates that the State Legislature has no power to enact any legislation relating to jurisdiction and power of the Supreme Court. This power is specificallyEntry 46 makes it clear that as far as the jurisdictional powers of the Supreme Court are concerned, they cannot be exerci...
0
1,763
422
### 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: Notwithstanding anything to the contrary contained in this Act, a landlord and/or tenant aggrieved by any ...
Paramount Digital Color Lab and Ors Vs. Agfa India Pvt. Ltd. and Ors
is required to handle the machine, is a question of fact and necessity? Ultimately, if it is purely for a "commercial purpose" and not for "self-employment", the complainant may not get the benefit of the Explanation to Section 2(1)(d) of the Act. The buyers of the goods or commodities for "self-consumption" in economi...
1[ds]9. Heard learned Counsel for the Appellants and perused the records. It is relevant to note that no relief has been claimed as against Respondent No. 5. Having gone through the judgment of the National Commission, it is clear that though a number of points arose for consideration, it did not choose to decide the s...
1
3,415
1,483
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: is required to handle the machine, is a question of fact and necessity? Ultimately, if it is pure...
Commissioner Of Sales Tax, U.P Vs. Bijli Cotton Mills, Hathras
In Chatturam Horiram Ltd.s case, 1955-2 SCR 290 : ((S) AIR 1955 SC 619 ) a previous assessment to income-tax of the assess fell through because the Indian Finance Act of 1939 was not in force in Chota Nagpur area where the assessee was carrying on business during the relevant assessment year. Thereafter Bihar Regulatio...
1[ds]In our view there is no substance in this contention. The question referred to the High Court posed a problem as to the liability of the respondent company to be assessed for the assessment year 1948-49. Two rival views were propounded before the Judge (Revisions) Sales Tax. One was that rates applicable to the fi...
1
3,276
989
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: In Chatturam Horiram Ltd.s case, 1955-2 SCR 290 : ((S) AIR 1955 SC 619 ) a previous assessment to income-t...
Satya Narain Vs. Dhuja Ram And Others
it out of its own hands and vests in a special tribunal an entirely new and unknown jurisdiction, that special jurisdiction should be exercised in accordance with the law which creates it.Similarly in Krishan Chander v. Ram Lal ([1973] (2) S.C.C. 759, 769.) dealing with section 82(b) of the Act and examining the scheme...
0[ds]There is no date given by Shri Mittal when her made his endorsement in the order sheet of the Registry. PW 3, who had initially scrutinised the petition and found the defects, was on leave on April, 24, 1972, and the Superintendent (CW 1) was only present. According to Shri Mittal, he. went to the Election Office ...
0
5,062
2,101
### 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: it out of its own hands and vests in a special tribunal an entirely new and unknown jurisdiction, that speci...
Joseph Vs. State of Kerala
the deceased when she left the Convent on the evening of the fateful day with him. As noticed earlier, the deceased was last seen alive only with the appellant and thereafter she neither returned to the Convent nor her home, alive and not found anywhere else also by any one, outside the company of the appellant. 13. Ta...
0[ds]9. So far as the case on hand is concerned, there is direct evidence of the Sisters of the Convent where the deceased was working,5 and 6 to prove beyond reasonable doubt that it was the appellant who had taken the appellant from the Convent at about 5.30 p.m., on 16.9.94 on the pretext that her mother was serious...
0
4,150
2,345
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the deceased when she left the Convent on the evening of the fateful day with him. As noticed earlier, the deceas...
Hindustan Shipyard Ltd. and Ors Vs. Dr. P. Sambasiva Rao and Dr. S. Prasada Rao
April 1, 1986 and he should also be given two advance increments and official accommodation within six months.7. Feeling aggrieved by the aforesaid decisions of the Andhra Pradesh High Court, the appellant-Corporation has filed these appeals. 8. Shri Ram Kumar, the learned counsel appearing for the appellant- Corporati...
1[ds]10. We are unable to endorse the direction given by the High Court regarding regularisation of the respondents-medical officers with effect from April 1, 1986. The process of regularisation involves regular appointment which can be done only in accordance with the prescribed procedure. Having regard to the rules w...
1
3,075
346
### 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: April 1, 1986 and he should also be given two advance increments and official accommodation within si...
Union of India & Another Vs. R. Gandhi, President, Madras Bar Association & Another
assistance of professional experts, qualified in medicine, engineering, and architecture etc. Lastly, we may refer to the lack of security of tenure. The short term of three years, the provision for routine suspension pending enquiry and the lack of any kind of immunity, are aspects which require be considering and rem...
1[ds]14. Though both Courts and Tribunals exercise judicial power and discharge similar functions, there are certain well-recognised differences between courts and Tribunals. They are :(i) Courts are established by the State and are entrusted with the States inherent judicial power for administration of justice in gene...
1
25,652
3,875
### 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: assistance of professional experts, qualified in medicine, engineering, and architecture etc. Lastly, we may ...
State Bank of India Vs. Nanak Chand Jain
represent him at the departmental enquiry a fresh enquiry was held after withdrawing the order of termination of his services. This fresh enquiry was held on the 21st and 22nd of November, 1956. On this occasion also the enquiry officer found the charges against the respondent proved. After consideration of the report ...
1[ds]It appears to us that the words "in lieu of notice" in para. 521(2)(c) have not the significance which the learned Counsel attributes to them. We do not think that the Sastry Award intended that the services of such an employee could be terminated by giving him three months notice without paying him three months p...
1
1,396
283
### 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: represent him at the departmental enquiry a fresh enquiry was held after withdrawing the order of termination of his service...
Controller of Estate Duty, Gujarat Vs. H. H. Iqbal Mohomed Khan, Nawab of Palanpur
reference, and so interpreted the sentence means " you will be able to do what you like with your Rs. 9, 00, 000 and, I shall have no worry to discuss your investments ". Having analysed the language of the letter dated May 3, 1955, in its entirety and in its context we are of the opinion that there was merely a propos...
1[ds]4. It is manifest that this section contains a special scheme which has some of the features both of the English common law and of the principles of equity and it is analogous to the provisions which are contained in section 25(b) of the Judicature Act of 1873, which are now enacted in section 126 of the Law of Pr...
1
3,996
821
### 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: reference, and so interpreted the sentence means " you will be able to do what you like with your Rs. 9...
State Of Karnataka Vs. Saveen Kumar Shetty
the deposit of security under Rule 17(1)(b). It is for these defaults that the impugned order of 1st June, 2000, was passed cancelling the bid of the respondent. 14. The High Court on a construction of the Rules came to the conclusion that while forfeiture was mandatory under Rule 13(2) the same was not the consequence...
1[ds]7. In the instant case, the licences were to be given by auction held under Rule 11 of the said Rules. The said Rule contemplates that the intending bidders in respect of each shop or group of shops are to beand, if they are not otherwise disqualified, they can take part in the auction. Each bid which is given is ...
1
2,679
1,242
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the deposit of security under Rule 17(1)(b). It is for these defaults that the impugned order of 1st ...
State of Assam & Another Vs. Daksha Prasad Deka & Others
of the record. But until the record is corrected, he cannot claim that he has been deprived of the guarantee under Art. 311 (2) of the Constitution by being compulsorily retired on attaining the age of superannuation on the footing of the date of birth entered in the service record.5. It is true that the State authorit...
1[ds]5. It is true that the State authorities did not give to the respondent an opportunity to support his case that he was born on August 1, 1911, and that the service record was erroneous. But in view of S. R. 8 Note, which governed the employment of the respondent an application for correction of the service record ...
1
1,546
692
### 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: of the record. But until the record is corrected, he cannot claim that he has been deprived of the guar...
State of Karnataka Vs. K. M. Krishnaiah
the judgment of the Sessions Judge where it has been stated that as the accused had challenged the appointment of the person who had issued the demand notice as the Enforcement Officer, it was necessary for the prosecution to prove the appointment and that, in absence of any such proof, there is no occasion for taking ...
0[ds]It was therefore necessary for the Enforcement Officer to ascertain the quantity of paddy in the possession or control of the respondent immediately after it was harvested, for the purpose of determining the quantity of the levy, and it was not enough for him to determine the quantity on the basis of extent of the...
0
1,341
377
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the judgment of the Sessions Judge where it has been stated that as the accused had challenged the appointment of...
State Of Kerala Vs. Indian Aluminium Co.Ltd.& Anr
State Government to reduce the rate at which the duty is leviable on such consumer or to exempt such consumer from payment of duty subject to the terms and condition imposed by the Government. Section 4 of the Act is quoted below :- "4. Levy of Electricity Duty on consumers. - Every consumer belonging to any of the cla...
0[ds]On a perusal of(5) it is clear that by this amendment the agreement entered into between the company and the Board was not rescinded. What was rescinded, was the concessional rates at which the company was receiving electricity. The agreement, as a whole, was not rescinded. For other purposes it remained intact. I...
0
2,843
851
### 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: State Government to reduce the rate at which the duty is leviable on such consumer or to exempt such consumer from...
Commr. Of S.T Vs. Sai Publication Fund
having agriculture for the purpose of earning income from the fields but there was nothing to show that he acquired the lands with the primary intention of doing business of selling or buying agricultural produce. This decision was approved by this Court in Dy. Commissioner of Agricultural Income Tax & Sales Tax. vs. T...
0[ds]No doubt, the definition of business given in Section 2(5A) of the Act even without profit motive is wide enough to include any trade, commerce or manufacture or any adventure or concern in the nature of trade, commerce or manufacture and any transaction in connection with or incidental or ancillary to the commenc...
0
4,634
644
### 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: having agriculture for the purpose of earning income from the fields but there was nothing to show that he acquired the land...
Ous Kutilingal Achudan Nair And Ors Vs. Union Of India & Ors
the High Court to impugn the authority of the Commandants (Respondents 2 and 3 herein) in declaring the Unions, represented by the appellants as unlawful associations.2. The Registrar of Trade-Unions had issued Certificates of Registration to the f our Unions represented by the appellants between 1954 and 1970. The Gen...
0[ds]For reasons that follow, the contentions must be repelled.The members of the Unions represented by the appellants fall within this category. It is their duty to follow or accompany the Armed personnel on active service, or in camp or on the march. Although they areand are in so me matters governed by the Civil Ser...
0
1,227
316
### 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: the High Court to impugn the authority of the Commandants (Respondents 2 and 3 herein) in declari...
Commissioner Of Income-Tax, Tamil Nadu Ii, Madras Vs. Madras Auto Service (P) Ltd. Etc
a substantial replacement of equipment 2. Expenditure may be treated as properly attributable to capital when it is made not only once and for all, but with a view to bringing into existence an asset or an advantage for the enduring benefit of a trade... If what is got rid of by a lump sum payment is an annual business...
0[ds]The question was whether this amount was deductible in computing the assessees profits. The court held that it was. Because although the advantage secured was of long duration, it was not an advantage in the capital field because no tangible or intangible asset was acquired by the assessee; nor was there any addit...
0
2,517
463
### 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: a substantial replacement of equipment 2. Expenditure may be treated as properly attributable to capital when it is made n...
Collector, Distt. Gwalior & Another Vs. Cine Exhibitors P. Ltd. & Another
without auction in the following cases: - (1) When the land in question is adjacent to the land of the applicant and will not be of any use to any person other than the applicant. (2) When it is decided to condone the encroachment of an encroacher and to grant the encroached area to the encroacher on permanent lease. (...
1[ds]19. The Revenue Book Circular also stipulates that the classification of land is done at the time of settlement. The Collector of the district has been bestowed with the power to make alterations in the settlement classifications on the ground that they have been incorrectly made or that the purpose for which the ...
1
6,546
765
### 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: without auction in the following cases: - (1) When the land in question is adjacent to the land of the applicant ...
Controller Of Estate Duty, Gujarat Vs. Hussainbhai Mohmedbhai Badri
among the children, and to pay the remaining ninth to certain other persons. The wife died after the Finance Act, 1894, had come into operation. The Court held that the estate duty was only payable on the one-ninth share of the excess of the trust fund over the specified sum and on the benefit which accrued to the chil...
0[ds]15. From the facts mentioned earlier, it is seen that ever since the death of the settlor, beneficial interest in 2/3rds of the income of the trust property vested on persons other than the deceased. The deceased was entitled only to a 1/3rd share in the income of the trust property. In substance, only 1/3rd inter...
0
3,285
810
### 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: among the children, and to pay the remaining ninth to certain other persons. The wife died after the Finance Act,...
Gorakh Nath Dube Vs. Hari Narain Singh & Ors
to the validity of sale deeds, gift deeds, and wills could be gone into in proceedings before the consolidation authorities, because such questions naturally and necessarily arose and had to be decided in the course of adjudications on rights or interests in land which are the subject matter of consolidation proceeding...
1[ds]After going through the order of the Settlement Officer, we find that he did not reach any such conclusion. All that the Settlement Officer did was to stay the appeal pending before him until the appeal, by special leave pending before this Court is decided here. We may observe that this was a very correct and pro...
1
2,168
580
### 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 validity of sale deeds, gift deeds, and wills could be gone into in proceedings before the con...
M/S. Gotan Lime Syndicate Vs. Commissioner Of Income-Tax, Delhi And Rajasthan
its character as a capital payment if the sum determined was capital in nature. But it is an important fact in this case that it is a case of an annual payment of royalty or dead-rent. No lumpsum payment was ever settled or paid. We have not been referred to any case in which payments of royalty under a mining lease ha...
1[ds]14. We are of the opinion that in the present case the royalty payment is not a direct payment for securing an enduring advantage; it has relation to the raw material to be obtained. Ordinarily, a mining lease provides for a capital sum payment; but the fact that there is no lumpsum payment here cannot by itself l...
1
3,910
538
### 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: its character as a capital payment if the sum determined was capital in nature. But it is an important fact ...
Lanco Anpara Power Ltd Vs. State Of Uttar Pradesh
v. The Central Government Industrial Tribunal, (1980) 4 SCC 443 this Court reminded that semantic luxuries are misplaced in the interpretation of bread and butter statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief...
0[ds]21. On the conjoint reading of the aforesaid provisions, it becomes clear that "factory" is that establishment where manufacturing process is carried on with or without the aid of power. Carrying on this manufacturing process or manufacturing activity is thus a prerequisite. It is equally pertinent to note that it...
0
9,528
1,274
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: v. The Central Government Industrial Tribunal, (1980) 4 SCC 443 this Court reminded that semantic luxuries are misplaced i...
M/s. Sable Waghire & Company & Others Vs. Union of India & Others
of that name. A similar recommendation has since been received also from the World Health Organisation for prevention of the use of its name (and abbreviations), emblem and official seal. Instances have also come to light of the use in India (and abroad) of the Indian National Flag and emblem and of the names or pictor...
0[ds]12. In considering the question of competency of legislation and, for the matter of that, in interpreting the entries in the Lists of the Seventh Schedule a broad and liberal approach has been a well-settled rule of the Court. The subject matter of the legislation is also to be gathered from the totality of the pr...
0
3,276
867
### 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 that name. A similar recommendation has since been received also from the World Health Organisation for prevention of t...
Murthy Match Works, Etc. Etc Vs. The Asstt. Collector Of Central Excise, Etc
has not made the classification which commends to the Court as proper. Nor can the legislative power be said to have been unconstitutionally exercised because within the class a sub-classification was reasonable but has not been made.19. It is well established that the modern State, in exercising its sovereign power of...
0[ds]9. There is no doubt that in the past among themanufacturers of matches a further classification based on viability had been made. It is also true that the financial resources; the capacity to command a market on their own without depending on intermediaries, etc, marked off the B category from the C category. But...
0
5,804
1,586
### 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: has not made the classification which commends to the Court as proper. Nor can the legislative power be sa...
Securities And Exchange Board Of India Vs. Pan Asia Advisors Ltd.
said paragraph 43 and the relevant part of paragraph 46 are as under: ?43. Under Section 33(1)(j) of the Act, any agreement to sell goods at such prices as would have the effect of eliminating competition or a competitor is regarded as an agreement relating to restrictive trade practice and shall be subject to registra...
1[ds]12. At this juncture, we want to make it very clear that we are not expressing any opinion as to the correctness or otherwise of the stand of SEBI at this momentA reading of Regulation 5 read along with paragraphs (4) & (6) of Schedule I of 2000 Regulations, as rightly pointed out by Mr.Shyam Divan gives a statuto...
1
25,226
7,653
### 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: said paragraph 43 and the relevant part of paragraph 46 are as under: ?43. Under Section 33(1)(j) of the Act, any agreemen...
Thanjavur Textiles Limited Vs. B. Purushotham and Others
that event, the advocate could only record the evidence and could have given any findings on the merits as to misconduct of the workmen. Reliance was placed on the observations of this Court in Workmen v. Buckingham & Carnatic Mills 1969 SC 11. Our attention was also drawn by the learned counsel on both the sides to th...
1[ds]10. We, however, find it not necessary to go into this controversy in view of the concession made by the learned Senior Counsel who appeared for the workmen before the Division Bench of the High Court to the effect that he was not raising the "extreme contention" that the enquiry, on the facts of his case, could n...
1
1,766
714
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: that event, the advocate could only record the evidence and could have given any findings on the merits...
Western States Trading Co Ltd Vs. Commissioner Of Income Tax, Central Calcutta
the present appeals we are concerned with the first and the second question. It has been submitted on behalf of the appellant that the loss of Rs. 11,257/- was allowable under S. 10 (2) (vii) of the Act in computing the total income of the appellant. The Tribunal had recorded a finding which was one of fact; that in th...
1[ds]5. On the first question the High Court was of the view that the sale was a closing down sale and the net result of the transaction was that the assessee was working the colliery from September 1, 1954 for and on account of the purchaser. While recognising that the coal business was not stopped as from September 1...
1
2,179
1,315
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the present appeals we are concerned with the first and the second question. It has been submitted on b...
Shetkari Sahakari Sakhar Karkhana Limited, Sangli, Maharashtra Vs. Collector of Sangli and Others
of the Central Act did not merely validate what the State authorities had al ready done under the Bombay Act but actually re-enacted the provisions of the Bombay Act by virtue of the authority vested in Parliament under Entry 97 in List I of the Seventh Schedule to the Constitution of India so that the Bombay Act becam...
0[ds]The contention is without force and in this connection we need do no more than refer to the language of clause (c) above extr acted which specifically authorizes both assessment and recovery of the cess after the commencement of the Central Act, and to two earlier decisions of this Court in which an identical argu...
0
3,415
841
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of the Central Act did not merely validate what the State authorities had al ready done under the Bombay Act ...
Neti Sreeramulu Vs. State of Andhra Pradesh
the deceased. We do not find any reason to reduce the sentence passed by the lower court. We confirm the sentence."While confirming the capital sentence the High Court had quite clearly an obligation to itself consider what sentence should be imposed and not be content with the trial courts decision on the point unless...
1[ds]7. No doubt, as observed by the High Court, there were as many as ten incised injuries on the deceased and injuries nos. l and 4 were considered by the medical evidence to be fatal. It is also clear that on the day of the incident nothing had happened to cause sudden provocation which should be grave enough to mak...
1
2,251
429
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the deceased. We do not find any reason to reduce the sentence passed by the lower court. We confirm ...
GENPACT INDIA PRIVATE LIMITED Vs. DEPUTY COMMISSIONER OF INCOME TAX
GKN Driveshafts (India) Ltd. v. ITO (2003) 1 SCC 72 ] … 15. Thus, while it can be said that this Court has recognised some exceptions to the rule of alternative remedy i.e. where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental princ...
0[ds]There is no reason why the scope of the such expression be restricted and confined to issues arising out of or touching upon assessment proceedings either under Section 143 or Section 144 of the Act13. If the submission of the appellant is accepted and the concerned expression as stated hereinabove in Section 246(...
0
8,006
589
### 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: GKN Driveshafts (India) Ltd. v. ITO (2003) 1 SCC 72 ] … 15. Thus, while it can be said that this Court has r...
Amir Singh And Another Vs. Ram Singh And Others(And Connected Appeals)
the unamended section must operate retrospectively. He, therefore, suggests that the respondents ought to be given an opportunity to prove their case under the fourth clause of s. 15(c) as amended. In this connection, he has referred us to the fact that this plea has been specifically taken by the respondents in their ...
1[ds]We have already noticed that some persons whose right to preempt was recognised by the corresponding provisions of the parent Act, have been omitted by the amended section. The amended section has also introduced another class of persons on whom the right to claim pre- emption has been conferred. These persons are...
1
2,490
963
### 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 unamended section must operate retrospectively. He, therefore, suggests that the respondents ought to be given an opp...
Ratilal Panachand Gandhi & Others Vs. State of Bombay & Others
collections are all merged in the general revenue of the State to be applied for general public purposes. Tax is a common burden and the only return which the tax-payer gets is participation in the common benefits of the State. Fees, on the other hand, are payments primarily in the public interest, but for some special...
1[ds]Thus, subject to the restrictions which this Article imposes, every person has a fundamental right under our Constitution not merely to entertain such religious belief as may be approved of by his judgment or conscience but to exhibit his belief and ideas in such overt acts as are enjoined or sanctioned by his rel...
1
8,376
2,514
### 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: collections are all merged in the general revenue of the State to be applied for general public purpose...
Ambalal Chimmanlal Chokshi Vs. State of Maharashtra
contained an exercise book some pages of which were found to be torn and a diary in which something was written in code language. The bag was also attached and brought to the flat. When the bags in which the gold pieces were found at the bottom of the pit, was opened, the gold piece were found wrapped in newspapers and...
0[ds]6. To begin with Chandchankar, if he had thrown the bags, could not have got the newspapers from the flat to wrap the gold pieces including a piece of newspaper torn out of a newspaper that was later found in the flat. This piece of newspaper, remnant of which was found in the flat clearly shows that it could not ...
0
1,857
617
### 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: contained an exercise book some pages of which were found to be torn and a diary in which something was wri...
UNION OF INDIA AND ANOTHER Vs. ROSAMMA BENNY AND OTHERS
Central Administrative Tribunal (the Tribunal, for short) allowing O.A. No. 180/523/2014 filed by Rosamma Benny, Jessy S. Babu and Sreekala P.V., respondent Nos. 1, 2 and 3 respectively before us. 3. The High Court in the impugned order has held that the respondent Nos. 1, 2 and 3 were entitled to financial upgradation...
1[ds]4. The impugned order, however, fails to notice and examine the circular dated 12.09.2012 issued by the Ministry of Railways (Railway Board) on behalf of the Government of India clarifying grant of benefits under the MACP Scheme to employees who had qualified and were appointed under the promotion quota after clea...
1
1,202
201
### 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: Central Administrative Tribunal (the Tribunal, for short) allowing O.A. No. 180/523/2014 filed by Rosamma Benny, Jessy S....
Ramiah Asari Vs. State of Tamil Nadu
S.M. FAZAL ALI, J. 1. This appeal by special leave is directed against the judgment of the Madras High Court dated 15th July, 1974. The appellant has been convicted under Section 302, I.P.C. for causing the death of his wife Eswarammal and his father-in-law Chelliah Asari. The prosecution case has been narrated in deta...
0[ds]2. We have gone through the entire matter and heard Mr. S. J. S. Fernandez, counsel for the appellant. We are extremely grateful to Mr. S. J. S. Fernandez amicus curiae in this case and his arguments have been of very great assistance to us. We are, however, unable to find any error of law in the judgment of the H...
0
845
411
### 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: S.M. FAZAL ALI, J. 1. This appeal by special leave is directed against the judgment of the Madras High Court dated 15th July...
Chiranji Lal Vs. Major Singh and Others
1. This appeal is preferred by one Chiranhi Lal who is none other than the father of the deceased, namely, Chaman Lal on being aggrieved by the judgment of the High Court of Punjab and Haryana rendered in Criminal Appeal No. 558-DB of 1980 dated 20th July 1982 whereby the High Court acquitted both the respondents by se...
0[ds]5. The State has not preferred any appeal against the order of acquittal. But only the father of the victim has approached this Court. The High Court has pointed out the circumstantial evidence adduced by the prosecution against these two respondents, namely, the evidence of P.W. 12 speaking to the fact that these...
0
861
216
### 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: 1. This appeal is preferred by one Chiranhi Lal who is none other than the father of the deceased, namely, Chaman ...
Malayalam Plantations Ltd Vs. State of Kerala & Another
as well as for the employees in the estates. 6. In view of the directions in the remand order, we are of the view that the High Court is not justified in relying on the earlier decision of this Court in Pullengode Rubber Produce (supra). As rightly pointed by Mr. Rao that after the order of remand with a specific direc...
1[ds]6. In view of the directions in the remand order, we are of the view that the High Court is not justified in relying on the earlier decision of this Court in Pullengode Rubber Produce (supra). As rightly pointed by Mr. Rao that after the order of remand with a specific direction, the same has no application to the...
1
3,203
886
### 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: as well as for the employees in the estates. 6. In view of the directions in the remand order, we are of the view that the...
Vinod Kumar Chowdhry Vs. Narain Devi Taneja
make the Sub-section suffer from a constitutional invalidity. It is an accepted rule of interpretation that if a provision can be construed in a manner which upholds its legal or constitutional validity it should if possible be so construed rather than the other way round. We do feel that the language used is not happy...
0[ds]Our reasons in this behalf are two-fold. Firstly, if an order in favour of the landlord alone was meant to be covered by Sub-section (8), an order refusing such relief would be liable to be called in question by way of an appeal or second appeal under Section 38 so that there would be two pro-cedures for the end-p...
0
4,574
972
### 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: make the Sub-section suffer from a constitutional invalidity. It is an accepted rule of interpretation that...
Surya Mani Vs. State of Uttar Pradesh
were four punctured wounds and one contusion on the body of the deceased.4. The learned Sessions Judge relied on the evidence of the three eye-witnesses. It was urged before him, as before us, that Ram Khelawan did not know the accused before and, therefore, it was the duty of the prosecution to have put up the accused...
0[ds]12. We see no reason to differ from the finding of the High Court that Ram Khelawan knew the appellant from before. The High Court also found Ram Khelawan a disinterested person and not connected with the local disputes. To make sure that it could act upon the testimony of Ram Khelawan, the High court summoned him...
0
1,335
218
### 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: were four punctured wounds and one contusion on the body of the deceased.4. The learned Sessions Judge relied on the evidenc...
C.S. Rowjee, Represented by Power of Attorney holder C. Apparao Rowjee & Others Vs. Andhra Pradesh State Road Transport Corporation
Regional Transport Authority and that Authority is directed to grant the permit to the Undertaking notwithstanding anything to the contrary in Ch. IV. In accordance with the provisions of this section the State Road Transport Corporation made an application for the grant of permits to the Regional Transport Authority. ...
1[ds]28. We have given the matter our best consideration, but we are unable to agree with the learned Judges of the High Court in their conclusion. The first matter which stands out prominently in this connection is the element of time and the sequence of dates. We have already pointed out that the Corporation had as l...
1
13,229
2,303
### 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: Regional Transport Authority and that Authority is directed to grant the permit to the Undertaking notw...
Sadiq Ali & Another Vs. Election Commission of India & Others
a religious group. As against that, the present case relates to a political party wherein none of the rival groups professes to renounce the aims and objects of the party. The other ground is that the dispute in the cited case related to property while that in the present case relates to a legal right and not to proper...
0[ds]20. In the present case, we find that a claim was made on behalf of Congress J that its office-bearers were the office-bearers of the Congress. The said claim was repudiated by Congress O and according to it, it was genuine Congress Party and its President was Shri Nijlingappa. According further to the stand taken...
0
9,875
3,262
### 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: a religious group. As against that, the present case relates to a political party wherein none of the rival groups professes...
M/s. Piyare Lal Adishwar Lal Vs. Commissioner of Income Tax, Delhi
pay the price. Counsel for the respondent also relied on Commissioner of Income-tax. West Bengal v. Kalu Babu Lal Chand, (1959) 37 ITR 123 : (AIR 1959 SC 1289 ) where the Managing Directors remuneration was held to be the income of a joint family to be assessed as such in its hands. That case is distinguishable. There ...
1[ds]It is true that as Treasurer, Sheel Chandra had also undertaken to indemnify the Bank not only for his own default but also for the default of the members of the Cash Department Staff. But Banks have to deal with monies, valuable securities gold and other valuables and must necessarily employ servants whose honest...
1
4,183
406
### 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: pay the price. Counsel for the respondent also relied on Commissioner of Income-tax. West Bengal v. Kalu Babu Lal Chand, ...
Hindustan Brown Boveri, Limited Vs. Their Workmen and Another
draft. The section further provides that the certifying officer should decide after an opportunity of being heard is given to the employer and the trade union or such other representatives of the workmen as may be prescribed whether or not any modification of or addition to the draft is necessary and thereafter certify...
1[ds]In view of the clear distinction drawn in these definitions it is not possible to say that the company includes its officers. Apart from this distinction, it appears from the scheme of the standing orders that wherever a certain duty or power is sought to be entrusted to the company of its officers the standing or...
1
2,933
669
### 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: draft. The section further provides that the certifying officer should decide after an opportunity of being heard ...
Salem Advocate Bar Association, Tamil Nadu Vs. Union of India (UOI)
Y.K. Sabharwal, J. 1. The challenge made to the constitutional validity of amendments made to the Code of Civil Procedure (for short, the Code) by Amendment Acts of 1999 and 2002 was rejected by this Court Salem Advocates Bar Association, T.N. v. Union of India AIR2003SC189 , but it was noticed in the judgment that mod...
1[ds]Report No. 1Amendment inserting Sub-section (2) to Section 26 and Rule 15(4) to Order VI Rule 15.4. Prior to insertion of aforesaid provisions, there was no requirement of filing affidavit with the pleadings. These provisions now require the plaint to be accompanied by an affidavit as provided in Section 26(2) and...
1
563
7,469
### 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: Y.K. Sabharwal, J. 1. The challenge made to the constitutional validity of amendments made to the Code of Civil Procedure (...
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH Vs. M/S KALSI CONSTRUCTION COMPANY
R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of the impugned judgment and order dated 10.05.2019 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.4045 of 2003 in and by which the High Court has dismissed the appeal of the appellant herein filed under Section 37 of the Arbitration a...
0[ds]In the present case, the parties have agreed for the rate of interest at 18% per annum. However, since the award is of the year 1999 and considering the facts that the learned Senior counsel had left the matter to the discretion of the court. Considering the facts and circumstances of the case, in our view in exer...
0
684
184
### 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: R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of the impugned judgment and order dated 1...
The Commissioner, Commercial Tax, U.P., Lucknow Vs. S/s Rujhan Studio
product falls within the description of Entry 21 of Schedule I. Before dealing with the nature of the product, it would be material to advert to the definition of the expression manufacture in Section 2(t) which reads as follows: 2(t) manufacture means producing, making, mining, collecting, extracting, mixing, blending...
1[ds]11. The definition of the expression manufacture is in broad and comprehensive terms. The definition, inter alia, includes altering, ornamenting, finishing or otherwise processing, treating or adapting any goods. The respondent purchases textile material in bulk which is then cut to the length of a salwar kameez s...
1
2,098
890
### 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: product falls within the description of Entry 21 of Schedule I. Before dealing with the nature of the product, it...
Union Of India Vs. S. K. Rao
was ultra vires the Army Act, 1950, and that the action taken thereunder was without any authority. 7. In the petition Rao gave a somewhat different version of what had happened. According to him he did not assist Kumari Prakash to go away from her parents house. 8. At the hearing of the petition the only point which w...
1[ds]This argument is not correct14. Section 19 itself suggests that there should be rules, and subject to the provisions of the Act and such rules, the Central Government may dismiss or remove from the service any person subject to the Army Act. Section 191 (2) (a) specifically gives power to make a rule providing for...
1
1,662
232
### 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: was ultra vires the Army Act, 1950, and that the action taken thereunder was without any authority. 7. In the petition Rao...
State Of Madhya Pradesh And Ors Vs. Home Decorators And Finance (Pvt.) Ltd. And Anr
had dexterously prepared a panchanama at the spot. He determined the amount of tax recoverable on the said collections, and issued to the respondents two separate notices on July 9, 1974 demanding the tax along with the duty surcharge thereon for the collections made on July 7 and 8, 1974 respectively. The total amount...
1[ds]5. We are afraid, the High Court completely missed the crucial point and, therefore, misdirected itself. The admitted facts as stated above were that the respondents had collected in all Rs. 12 from each of members out of which Rs. 2 was non-refundable being the so called admission fee and Rs. 10 were refundable o...
1
1,689
326
### 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: had dexterously prepared a panchanama at the spot. He determined the amount of tax recoverable on the said c...
Workmen of Assam Co. Ltd Vs. Assam Co. Ltd
other industries. It may however be noted that the company in the instant case-is more than a century old one faring well all through and has thus been so far as prosperous one and on a sound footing and as such it is expected to have built up a substantial reserve."7. The Labour Appellate Tribunal maintained this high...
1[ds]5. The principles on which the ascertainment of the surplus on the basis of which bonus becomes determinable and distributable have been laid down by this Court inSree Meenakshi Mills v. Their Workmen,A I R 1958 S C 153 at p. 156 (A). The formula there laid down issurplus has to be ascertained after providing from...
1
1,960
520
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: other industries. It may however be noted that the company in the instant case-is more than a century o...
M/S. SKJ COKE INDUSTRIES LTD Vs. COAL INDIA LTD AND ORS
a linked units. Such treatment as a linked unit do not mean grant of actual linkage. So, Mahabir Coke cannot claim to be a linked unit. The advantage of being treated as a linked unit was that Mahabir Coke will be assured for monthly supply of 4000 MT coal per month by NEC. The said resolution/decision also provides th...
0[ds]We also confirm this view of the Appellate Bench as we find such view to be the correct view so far as applicability of the ratio of the case of Ashoka Smokeless Coal India (supra) is concernedFrom the said Resolution, however, we find a specific agenda item concerning the first appellant, and the Resolution as ad...
0
4,298
838
### 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: a linked units. Such treatment as a linked unit do not mean grant of actual linkage. So, Mahabir Coke...
THE GREAT EASTERN SHIPPING CO. LTD Vs. STATE OF KARNATAKA
above- mentioned provision of the said Act are satisfied. 61. A reference has also been made to the decision in the State of Orissa & Anr. v. Asiatic Gases Ltd., (2007) 5 SCC 766 in which what is the nature of, transfer of right to use the goods, has been discussed and Aggarwal Brothers (supra) has been relied upon, th...
0[ds]In Re: Section 5C of KST Act:It has to be considered in view of the charter agreement entered into between the company and the Port Trust. The tender documents pursuant to which agreement has been entered into contains the conditions and instructions to tenderers. The pre¬ qualification criteria provide that the t...
0
23,484
2,519
### 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: above- mentioned provision of the said Act are satisfied. 61. A reference has also been made to the decisio...
State Of Uttar Pradesh Vs. Raja Anand Brahma Shah
the Thomason Despatches). He relies on this statement contained in the judgment of the High Court in Writ Petition No. 454/1955, dated November 2, 1962. But this statement refers to the sanad, dated October 15, 1781, and not to the sanad, dated October 9, 1781, or the later sanad, dated November 4, 1803. It appears fro...
1[ds]14. In our opinion the word including is intended to clarify or explain the concept of land held or let for purposes ancillary to agriculture. The idea seems to be to remove any doubts on the point whether waste land or forest land could be held to be capable of being held or let for purposes ancillary to agricult...
1
4,716
179
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the Thomason Despatches). He relies on this statement contained in the judgment of the High Court in Wr...
Ganga Ram & Ors Vs. Union Of India & Ors
panel in any year will rank senior to those empanelled in subsequent years.20. Date of passing the departmental examination/test to regulate seniority:(a) Except as provided for in sub-paragraph (b) below, seniority of two or more railway servants, who pass the departmental examination/test on different dates, not trea...
0[ds]The equality of opportunity in the matter of services undoubtedly takes within its fold all stages of service from initial appointment to its termination including promotion but it does not prohibit the prescription of reasonable rules for selection and promotion, applicable to all members of a classified group. M...
0
2,769
1,233
### 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: panel in any year will rank senior to those empanelled in subsequent years.20. Date of passing the departmen...
The Rajasthan Marudhara Gramin Bank (RMGB) & Anr Vs. Ramesh Chandra Meena & Anr
else unless the rules or regulation and standing orders, specifically recognize such a right and provide for such representation. 7. Applying law laid down by this Court in the aforesaid decisions to the facts of the case on hand, the respondent employee / respondent delinquent has no absolute right to avail the servic...
1[ds]5. Heard the learned counsel for the respective parties at length. By the impugned judgment and order, the High Court has permitted the respondent employee who is facing disciplinary proceedings to represent through ex-employee of the Bank. While permitting the respondent employee, the High Court while construing ...
1
4,741
1,872
### 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: else unless the rules or regulation and standing orders, specifically recognize such a right and provide for such represe...
Thakur Manmohan Deo And Another Vs. The State Of Bihar And Others.(And Connected Appeal)
of S. 32. The short question before us is - are Government ghatwalis excluded from the ambit of the Act by reason of sub-s. (4) of S. 32? Let us assume without deciding, that sub-s. (4) does not apply to ghatwali tenures. What is the result? Section 32, merely provides for the manner of payment of compensation. If sub-...
0[ds]7. Where a statute says in express terms that the expression tenure includes a ghatwali tenure and the expression tenure-holder includes a ghatwal and the successors-in-interest of a ghatwal, there must be compelling reasons to cut down the amplitude of the two expressions. The Bihar legislature must have been awa...
0
5,242
1,040
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of S. 32. The short question before us is - are Government ghatwalis excluded from the ambit of the Act by reason...
State Of Kerala Vs. M/S. Vijaya Stores
Commissioner has been preferred under sub-section (1) by the other party, may, notwithstanding that he has not appealed against such order or any part thereof, file, within thirty days of the receipt of the notice, a memorandum of cross-objections, verified in the prescribed manner against any part of the Appellate Ass...
0[ds]For the reasons which we shall presently indicate it is not possible to accept either of these contentions urged by counsel for theplace such a construction on(4)(a)(i) would amount to ignoring the scheme of s. 39.(1) provides for an appeal being preferred against an assessment order passed by the AAC under s. 34(...
0
2,303
795
### 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: Commissioner has been preferred under sub-section (1) by the other party, may, notwithstanding that he ...
Devi Prasad And Others Vs. Government Of Andhra Pradesh And Others
the same functions and it is wrong to say that there is no functional parity as between Supervisors and Junior Engineers. However, the academic superiority of the Junior Engineers is also a reality and has been recognised in the rules framed. The promotion to the next higher rank is to the post of Assistant Engineers i...
0[ds]4. It is apparent from this new rule that nothing unreasonable or shocking, nothing arbitrary or violative of fair play is done because what has been prescribed is that if a Supervisor acquires A.M.I.E while in service and renders service as Supervisor be he is given credit a Junior Engineer for half the period of...
0
1,379
549
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the same functions and it is wrong to say that there is no functional parity as between Supervisors and Junior Engineers. H...
Workmen of M/s. Swadeshi Cotton Mills Company Limited Vs. M/s. Swadeshi Cotton Mills Company Limited
now.6. Before the Industrial Tribunal the workmen examined one witness S. K. Srivastava and the respondent examined one R. S. Pathak. Referring to the evidence of these two witnesses the Tribunal pointed out that "when the extra payment of 12 1/2 per cent was made to the weavers it was also given to the Line Jobbers, b...
0[ds]5. It will be seen from the above extract that the 12 1/2 per cent interim increase which was recommended for almost all the industries in the United Provinces was based on thebasic wages and this suggestion was accepted by all the parties. In the case of piece rated workers like weavers, as there were large numbe...
0
2,715
1,216
### 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: now.6. Before the Industrial Tribunal the workmen examined one witness S. K. Srivastava and the respondent ...
Srinivas & Company Vs. Inden Biselers by their Partners
December, 1950 the respondent wrote to the appellant (Ex. B-12) appointing the appellant as the sole distributor in Madras for the sale and distribution of schluter diesel engines of German origin for a period of 2 years commencing January, 1951. The letter of appointment mentioned that it was on the express understand...
1[ds]13. The appellant alleged an agreement whereby the respondent appointed the appellant distributor of all diesel oil engines imported by the respondent. The letter dated 26 December, 1950 totally nullifies the appellants case. The appellant was appointed the sole distributor of schluter oil engines for a period of ...
1
2,647
826
### 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: December, 1950 the respondent wrote to the appellant (Ex. B-12) appointing the appellant as the sole di...
KANOORI Vs. STATE OF RAJASTHAN
1980 in favour of the appellant-the wife of the deceased Gumana Ram Jaat came to be reversed on an appeal filed by the State and the appellant came to be convicted under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life. 2. The case of the prosecution was that the appellant go...
1[ds]5. On a careful consideration of the contentions of the learned counsel on either side we are of the view that the High Court, though was entitled to re-appreciate the evidence on record as the court of first appeal, has in our view, completely overlooked the fact that it was dealing with an appeal against the ord...
1
1,104
523
### 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: 1980 in favour of the appellant-the wife of the deceased Gumana Ram Jaat came to be reversed on an appeal filed by the State...
Shabi Construction Company Vs. City And Industrial Development Corporation And Anr
the Rules made thereunder to carry out the purpose of the Act and without prejudice to the generality of the power, lays down the specific fields in which it can make regulations 8. That brings us to the relevant provisions of the Regulations. Regulations 3.11 defines FSI to mean the ratio of the gross floor are of all...
0[ds]9. From the facts of the instant case as recorded earlier it is evident that when Respondent 1 issued the public notice in August 1985 inviting offers for lease of the plot in question, the maximum permissible FSI for divers land uses according to the final development plan was 1 and the minor modification propose...
0
2,967
970
### 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: the Rules made thereunder to carry out the purpose of the Act and without prejudice to the generality of the power...
Budhan Singh & Anr Vs. Nabi Bux & Anr
relating to title or possession before making the settlement contemplated by Section 9 and therefore the Legislature cut the Gordian Knot by conferring title on the person who was in possession of the building. We see no merit in this argument. The settlement contemplated by Section 9 is a deemed settlement. That settl...
0[ds]We have no material before us from which we can find out the value of the buildings demolished by them and the value of the buildings put up by them unlawfully. From the description of the buildings given in evidence, it appears that the newly put up building is only cattle-shed. We are not satisfied that the newl...
0
3,509
1,178
### 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: relating to title or possession before making the settlement contemplated by Section 9 and therefore the Legislat...
CHANDANA DAS(MALAKAR) Vs. THE STATE OF WEST BENGAL AND OTHERS
follows: 126. In Behram Khurshid Pesikaka v. State of Bombay (1955) 1 SCR 13: AIR 1955 SC 123 : 1955 Cri LJ 215, Mahajan, C.J. speaking for the Constitution Bench, noted the link between the constitutional vision contained in the Preamble and the position of the fundamental rights as a means to facilitate its fulfilmen...
1[ds]9. Before embarking on the questions raised in these appeals, it is important to first advert to the West Bengal Board of Secondary Education Act, 1963. It is enough to state that this Act establishes the West Bengal Board of Secondary Education and various Committees and Regional Examination Councils and then lay...
1
10,002
1,669
### 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: follows: 126. In Behram Khurshid Pesikaka v. State of Bombay (1955) 1 SCR 13: AIR 1955 SC 123 : 1955 Cri L...
Ramswarup Guru Chhote Balakdas Vs. Motiram Khandu Patil & Others
by notification specify the date on which the provisions of the Act shall apply to any public trust or any class of public trusts and different dates may be specified for such trusts in different areas. Under Sections 18 and 19 a trustee of a public trust, to which the Act has been applied, is obliged to make an applic...
0[ds]Thus for eligibility for an exemption certificate three conditions have to be satisfied: (1) that the land in question is the property of a trust or an institution for public religious worship, (2) that the trust is or is deemed to be registered underthe Bombay Public Trusts Act, 1950, and (3) that the entire inco...
0
1,909
622
### 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: by notification specify the date on which the provisions of the Act shall apply to any public tru...
Major Metals Limited Vs. Union of India & Others
the assessing officer, was not satisfactory. It is well settled that in view of Section 68 of the Act, where any sum is found credited in the books of the assessee for any previous year, the same may be charged to income tax as the income of the assessee of that previous year, if the explanation offered by the assessee...
0[ds]It is impossible to accept the submission. The jurisdiction of the Settlement Commission having been invoked under Section 245C, the Commission, when it passed its order dated 18 October 2010 under Section 245D(3), specifically called upon the Commissioner to verify the genuineness of the loans and the credit wort...
0
13,250
1,870
### 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: the assessing officer, was not satisfactory. It is well settled that in view of Section 68 of the...
Shafin Jahan Vs. Asokan K.M. and Ors
later quoted with approval by the House of Lords in In Re F (Mental Patient: Sterilisation [1990] 2 AC 1. In paragraph 79 of Re: SA (Vulnerable Adult with Capacity: Marriage), Justice Munby observes: The inherent jurisdiction can be invoked wherever a vulnerable adult is, or is reasonably believed to be, for some reaso...
1[ds]18. The aforesaid adumbration calls for restatement of the law pertaining to writ of habeas corpus which has always been considered as a great constitutional privilege or the first security of civil liberty. The writ is meant to provide an expeditious and effective remedy against illegal detention, for such detent...
1
10,497
1,276
### 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: later quoted with approval by the House of Lords in In Re F (Mental Patient: Sterilisation [1990] 2 AC 1. In...
M/s. Grauer and Weil Ltd Vs. Collector of Central Excise, Baroda
their letter dated 19-9-1981 addressed to the excise authorities: "Further to our Declaration dated 15-4-1981 we have to inform you that the premises where Chromic Acid is manufacturing is not a factory within the meaning of Section 2(m) of Factories Act, 1948. This premises is completely segregated and the goods manuf...
0[ds]15. In our opinion from the above facts and circumstances when taken together, a reasonable conclusion can certainly and legitimately be drawn that the appellants wilfully and deliberately made misstatements and suppressed material facts to avoid payment of excise duty. In other words it is no t a case of simple i...
0
3,630
250
### 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: their letter dated 19-9-1981 addressed to the excise authorities: "Further to our Declaration dated 15-4-198...
Annagouda Nathgouda Patil Vs. Court Of Wards And Another
chap. V. Part II, S.9. It has been held in a large number of cases that the expression "nearest relations of the parents means and refers to the sapindas of the father and in their default the sapindas of the mother both in order of propinquity vide Maynes Hindu Law, Edn 11; Art. 621, p. 741. In the case before us both...
0[ds]Thus the scope of the Act is limited. It governs succession only to the separate property of a Hindu male who dies intestate. It does not alter the law as regards the devolution of any other kind of property owned by a Hindu male and does not purport to regulate succession to the property of a Hindu female at all....
0
3,208
348
### 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: chap. V. Part II, S.9. It has been held in a large number of cases that the expression "nearest relations o...
State of Karnataka and Another Vs. Messrs Hansa Corporation
registered, to maintain accounts or to submit returns. The High Court also found the registration fee of Rs. 25 prescribed under the rules, the liability to maintain accounts in the manner prescribed and to submit monthly and yearly returns as constituting unreasonable restriction s on the fundamental right of the pett...
1[ds]There is aanswer to the contention that upon a literal grammatical construction of s. 3 the State has no choice in the matter of selecting local areas and that choice is limited to specifying rates but after choosing rates all local areas will have to be covered for the levy of tax. It is easy to read the section ...
1
6,262
5,411
### 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: registered, to maintain accounts or to submit returns. The High Court also found the registration fee of Rs. 25 prescribed...
U.P. State Bridge Corporation Ltd. Vs. U.P.Rajya Setu Nigam S.Karmachari Sangh
strike cannot amount to abandonment of service for the purpose of Clause L-2.12 of the Standing Orders (CSO). But was there a strike at all? Or was it mass absenteeism unconnected with the terms and conditions of service? 21. Besides the submission that a person on illegal strike does not abandon his job is erroneous. ...
1[ds]In the present case, the nature of the employment of the workmen was in dispute. According to the appellant, the workmen had been appointed in connection with a particular project and there was no question of absorbing them or their continuing in service once the project was completed. Admittedly, when the matter ...
1
4,702
709
### 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: strike cannot amount to abandonment of service for the purpose of Clause L-2.12 of the Standing Orders (CSO). But ...
Kundan Sugar Mills Vs. Ziyauddin & Others
joined such a service, the Privy Council found it easy to imply to term of transfer. That decision is therefore not of any relevancy to the present case. In Mary (Anamalai Plantation Workers Union) v. Selaliparai estate, 1956-1 Lab LJ 343 (LATI-Mad). Labour was recruited in the plantations without any differentiation b...
0[ds]It is true that the partners of the Sugar Mills at Amroha own also the Sugar Mills at Bulandshahr; but they were proprietors of the former Mills in 1946 whereas they purchased the latter mills only in the year 1951 and started the same in Bulandshahr in or about 1955. The respondents 1 to 4 were employed by the ow...
0
2,828
1,151
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: joined such a service, the Privy Council found it easy to imply to term of transfer. That decision is therefore n...
Martin Burn Ltd Vs. The Corporation Of Calcutta
taken by the High Court in the case in hand for it made the order of remand only because the corporation could not make a valuation any more, the time limit prescribed for it under Section 131 (2) (b) having expired. If the Corporation could make the valuation, presumably the High Court would not have made the order of...
1[ds]13. While on S. 131 (2) (b) we observe that it was not contended that a Court had on power to cancel a valuation; all that was said was that after cancellation the Court must or may proceed to make a fresh valuation. This we have held to be an untenable view. A point was, however, made that S. 131 (2) (b) applied ...
1
4,481
854
### 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: taken by the High Court in the case in hand for it made the order of remand only because the corporat...
The Sugauli Sugar Works (Private) Ltd Vs. The Asstt. Registrar, Co-Operativesocieties
whether the High Court has taken a correct view of the provisions of S. 48, the relevant portions of which are as follows:"48(1) If any dispute touching the business of a registered society...........,arises-(a) amongst members, past members persons claiming through members, past members or deceased members and suretie...
1[ds]4. Before examining the provisions of the Act, as, it stands at present, it is necessary to set out the legislative history of the law on the subject. When themovement was set up in the beginning of this century, the law governing cooperative societies was enacted as TheCooperative Societies Act(II of1912), by the...
1
3,146
1,797
### 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: whether the High Court has taken a correct view of the provisions of S. 48, the relevant portions of which ...
SMT. SUVARNAMMA & ANR Vs. UNITED INDIA INSURANCE COMPANY LTD. & ANR
passed by the High Court of Karnataka at Bengaluru in Miscellaneous First Appeal No. 1045 of 2011. By the said judgment, the High Court has allowed the appeal filed by the Insurance Company exonerating it from the liability and set aside the judgment of the Motor Accident Claims Tribunal, Chickballapur awarding compens...
1[ds]9. Having given our anxious consideration to the rival submissions advanced by the respective counsel and having perused the material on record. There is no dispute about the fact that at the time of occurrence the tractor which involved in the accident was being driven by the driver—owner in a rash and negligent ...
1
1,117
309
### 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: passed by the High Court of Karnataka at Bengaluru in Miscellaneous First Appeal No. 1045 of 2011. By t...
Aparna A.Shah Vs. M/S Sheth Developers P.Ltd
vs. Fine Tubes, (2007) 5 SCC 103 . 16) The above discussion with reference to Section 138 and the materials culled out from the statutory notice, reply, copy of the complaint, order, issuance of process etc., clearly show that only the drawer of the cheque being responsible for the same. 17) In addition to our conclusi...
1[ds]we are concerned with criminal liability on account of dishonour of a cheque. It primarily falls on the drawer, if it is a Company, then Drawer Company and is extended to the officers of the company. The normal rule in the cases involving criminal liability is against vicarious liability. To put it clear, no one i...
1
4,404
840
### 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: vs. Fine Tubes, (2007) 5 SCC 103 . 16) The above discussion with reference to Section 138 and the materials culled out from ...
Kapri International (P) Ltd Vs. Commissioner of Wealth Tax
can construe the language in accord with the object sought to be achieved. Going by the plain language it is clear that the learned Senior counsel appearing on behalf of the appellant is only partially correct in that user of the building is established on the facts of the case and, therefore, the asset of the company ...
0[ds]8. It is true that the expression "for the purpose of the business" may be wide but as the judgment says its limits are also clear. The expenditure incurred therefore, will have to be for the carrying on of the business and the assessee shall incur it in its capacity as a person carrying on the business. On facts ...
0
3,030
380
### 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: can construe the language in accord with the object sought to be achieved. Going by the plain language ...
Income Tax Officer Vs. Ch. Atchaiah
may determine the tax payable by the firm itself on the basis of the total income of the firm, or (b) if, in his opinion, the aggregate amount o f the tax payable by the firm if it were assessed as a registered firm and the tax payable by the partners individually if the firm were so assessed would be greater than the ...
1[ds]We are of the opinion that under the present Act, the Income Tax Officer has no option like the one he had under the 1922 Act. He can, and he must, tax the right person and the right person alone. By "right person", we mean the person who is liable to be taxed, according to law, with respect to a particular income...
1
4,082
969
### 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: may determine the tax payable by the firm itself on the basis of the total income of the firm, or (b) i...
Chief Administrator Huda Vs. Shakuntla Devi
He also submitted that cogent material was placed before the State Commission to prove the escalation in the cost of construction between 1989 and 2000.10. The avowed object of the Consumer Protection Act, 1986 is to provide for better protection of the interest of consumers. The statement of the objects and reasons, i...
1[ds]14. It is undisputed that the Appellant handed over the plot to the Respondent only in the year 2000 instead of 1989. The Respondent had paid Rs. 1,22,400/towards the cost of the plot at the rates prevailing in the year of allotment i.e. 1986. There is no dispute that the Respondent was paid Rs. 1,28,188/towards i...
1
2,558
380
### 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: He also submitted that cogent material was placed before the State Commission to prove the escalation in the cost ...
M/s. Shakti Tubes Ltd Vs. State of Bihar & Others
the learned senior counsel submitted that the original contract was for the supply of 7 lakh metres of pipes which was curtailed and changed to the supply of 4 lakh metres of pipes with change in the date of supply with extension of date of supply till 30.04.1993 and supplies were completed within that extended time. I...
0[ds]15. A careful perusal of the aforesaid judgment shows that the decision in the aforesaid case was rendered after clearly recording the fact that the Assam Small Scale Industries Development Corporation Ltd. (for short `the Corporation) placed orders for the supply of medicines manufactured by the respondents there...
0
5,816
2,089
### 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 learned senior counsel submitted that the original contract was for the supply of 7 lakh metres of pipes which was curta...
Patel Narsee Ladhu Vs. Bhatt Chimanlal Ratanji and Others
KRISHNA IYER, J.1. These appeals can be disposed of by a common order which we propose to pass in Civil Appeal 707 of 1976, a principal appeal in which the matter has been fully discussed by the High Court.2. We need not set out the facts elaborately nor need we discuss the issues at length since we are disposed to agr...
1[ds]4. Even so, the High Court did not go into the question as to whether any rights enured to the defendants under the occupancy certificate obtained by Bhalachandra which presumably was alienated in favour of the defendants/appellants. Probably this question was not debated prominently before the High Court and went...
1
720
265
### 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: KRISHNA IYER, J.1. These appeals can be disposed of by a common order which we propose to pass in Civil Appe...
M/S. National Seeds Corpn. Ltd Vs. M.Madhusudhan Reddy
Forum to send the samples of seeds from the said batch for analysis by appropriate laboratory. But the opposite parties have not chosen to file any application for sending the seeds to any laboratory. Since it is probable that the complainants have sown all the seeds purchased by them, they were not in a position to se...
0[ds]16. An analysis of the above reproduced provisions shows that for achieving the object of regulating the quality of certain seeds to be sold for the purposes of agriculture including horticulture, the legislature has made provisions for specifying the minimum limits of germination and purity of notified kind or va...
0
16,181
1,724
### 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: Forum to send the samples of seeds from the said batch for analysis by appropriate laboratory. But the ...
Sharad Kumar Vs. Govt. Of Nct Of Delhi
is required to be determined with reference to the facts and circumstances of the case and materials on record and it is not possible to lay down any strait-jacket formula which can decide the dispute as to the real nature of duties and functions being performed by an employee in all cases. When an employee is employed...
1[ds]we have no hesitation to hold that the High Court was clearly in error in confirming the order of rejection of reference passed by the State government merely taking note of the designation of the post held by the respondent i.e. Area Sales Executive. As noted earlier determination of this question depends on the ...
1
6,012
339
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: is required to be determined with reference to the facts and circumstances of the case and materials on record an...
Revanasiddayya Vs. Gangamma @ Shashikala & Another
06.11.1986(Ex-P-1) from the respondents in relation to the suit land. The appellants suit for specific performance was dismissed in 2009 and the appeal filed by the appellant against the dismissal of his suit was also dismissed by the District & Sessions Judge, Gagad in R.A. No.31 of 2009 on 16.04.2012. Thereafter, it ...
0[ds]16. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to uphold the findings of the High Court but, at the same time, modify the impugned judgment and issue directions for ensuring its compliance by the parties to this appeal as indicated below.17. In our co...
0
1,838
591
### 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: 06.11.1986(Ex-P-1) from the respondents in relation to the suit land. The appellants suit for specific ...
Manjeet Singh Vs. National Insurance Company Ltd. & Another
Deepak Gupta, J. 1. Leave granted. 2. None has put in appearance on behalf of the respondent no. 2 despite service. Hence, the matter has been heard in the absence of the learned counsel for the respondent no. 2. 3. Briefly stated the facts of the case are that the appellant Manjeet Singh purchased a second-hand Tata o...
1[ds]5. As far as the first ground is concerned, we are of the considered opinion, that the District Forum had not properly appreciated the scope and ambit of the policy. The violation of the condition should be such a fundamental breach so that the claimant cannot claim any amount whatsoever. As far as the violation i...
1
958
290
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: Deepak Gupta, J. 1. Leave granted. 2. None has put in appearance on behalf of the respondent no. 2 despite service...
D. N. Banerji Vs. P. R. Mukherjee And Others
been constituted in connection with municipal and shire councils, municipal trusts and similar industries. The organization made claims in respect of work done by its members employed by certain municipal corporations in respect of the making, maintenance, control and lighting of public streets. The original reference ...
0[ds](4) Whether on the facts of a particular case the dismissal of an employee was wrongful or justified is a question primarily for the tribunal to decide, and here the tribunal held that the dismissals were clear cases of victimization and hence wrongful. Unless there was any grave miscarriage of justice or flagrant...
0
5,644
325
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: been constituted in connection with municipal and shire councils, municipal trusts and similar in...
S. KULDEEP SINGH & ANR Vs. S. PRITHPAL SINGH
in paragraph 6 of the Suit. In circumstances of this kind, we are quite certain that the compromise was required to be registered, under Section 49 of the Registration Act, 1977 and also under Section 138 of the J&K Transfer of Property Act. Without such registration no title can fructify for the plaintiff from the doc...
1[ds]18. In order to adjudicate the above issue, we need to look at the compromise in its intent and functioning. The compromise between the Plaintiff and Abdul Jalil Khan (tenant) was recorded in a proceeding for correction of revenue records under the 1972 Act and the Rules. There, the Plaintiff was admitted to be th...
1
7,286
2,311
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: in paragraph 6 of the Suit. In circumstances of this kind, we are quite certain that the compromise was required t...
Narmada Bachao Andolan Vs. Union of India & Others
to be considered at the stage of its final hearing. 23. The many interim orders that this Court made in the years in which this writ petition was pending show how very little had been done in regard to the relief and rehabilitation of those ousted. It is by reason of the interim orders, and, in fairness, the co-operati...
1[ds]The many interim orders that this Court made in the yearin which this writ petition was pending show how very little had been done in regard to the relief andse ousted. It is byinterim orders, and, inon and assistance of learned counsel who appeared for the States, that much that was wrong has now been redressed. ...
1
8,510
493
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: to be considered at the stage of its final hearing. 23. The many interim orders that this Court made in the years in which t...
Commissioner Of Central Excise, Lucknow Vs. M/S. Chhata Sugar Co. Ltd
the sake of argument that administrative charges form part of the assessable value, even then such charges are in the nature of tax and, therefore, excludible in terms of S.4(4)(d)(ii) of the Act for reasons mentioned hereinafter. 13. Before dealing with the foregoing issue, it may be noted that in this case we are con...
0[ds]8. A bare reading of S.8 inter alia indicates that the Controller may by order require a sugar factory to sell or supply such quantity of molasses to such person(s) as may be specified in his order and the sugar factory shall comply with the order notwithstanding any contract to the contrary. However, S.8(2) makes...
0
7,726
982
### 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 sake of argument that administrative charges form part of the assessable value, even then such charges are in the nature...
THE STATE OF MADHYA PRADESH & ORS Vs. SOMDUTT SHARMA
25L. Definitions.- For the purposes of this Chapter,- (a) industrial establishment means— (i) a factory as defined in clause (m) of section 2 of the Factories Act, 1948 (63 of 1948); (ii) a mine as defined in clause (i) of subsection (1) of section 2 of the Mines Act, 1952 (35 of 1952); or (iii) a plantation as defined...
1[ds]In the present case, there is no dispute that the Irrigation Department satisfied the test of having not less than hundred workmen employed on an average.9. We have carefully perused the findings recorded by the Labour Court as well as the High Court. In paragraph 9 of the Judgment, the Labour Court held that as h...
1
2,018
725
### 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: 25L. Definitions.- For the purposes of this Chapter,- (a) industrial establishment means— (i) a factory as defined...
Sanjay Kumar Kedia Vs. Narcotics Control Bureau
abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which - (a) would constitute an offence if committed within India; or (b) under the laws ...
0[ds]We thus find that the appellant and his associates were not innocent intermediaries or network service providers as defined under section 79 of the Technology Act but the said business was only a fagade and camouflage for more sinister activity. In this situation, Section 79 will not grant immunity to an accused w...
0
2,222
144
### 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: abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section...
Binny Ltd Vs. V. Sadasivan
of the Constitution. 28. In this context, it must be noted that the High Court purported to apply to ratio in the above two decisions on the assumption that all termination simplicitor clauses providing for termination on giving notice will be per se invalid. But the High Court has not examined clauses (8) & (9) of the...
1[ds]16. The above guidelines and principles applied by English courts cannot be fully applied to Indian conditions when exercising jurisdiction under Article 226 r/w 32 of the Constitution. As already stated, the power of the High Courts under Article 226 is very wide and these powers have to be exercised by applying ...
1
7,815
1,182
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of the Constitution. 28. In this context, it must be noted that the High Court purported to apply to ra...
Maharashtra Distilleries Vs. Municipal Corporation Of Aurangabad &Anr
under:— 6. From 1983, the Rectified Spirit was being declared and accepted under Entry 37 collecting octroi duty @ 1.5%. The respondent by the letter dated 16.10.1986 retrospectively revised octroi duty stating that the goods were liable to octri under Entry 7 in Class 1 of the Schedule.7. It was contended on behalf ...
1[ds]10. In the light of facts stated above, there cannot be any doubt that the Rectified Spirit imported by the appellant into octroi limits of the respondent was not fit for human consumption as it was directly at the point. It was only raw material at that stage. No doubt, it is subsequently used in the manufacture ...
1
1,546
470
### 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: under:— 6. From 1983, the Rectified Spirit was being declared and accepted under Entry 37 collecting ...