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Raja Bahadur Visheshwara Singh & Others Vs. Commissioner of Income Tax, Biharand Orissa
The High Court held that that was the nature of the transaction. On appeal this Court held that before the Tribunal could come to the conclusion that it was an adventure in the nature of trade, it had to take into consideration the legal requirements associated with the concept of the trade or business and that such a ...
0[ds]In the former case the assessee purchased four plots of land adjacent to the mills of which he was the Managing Agent. On various dates and about five years later sold them to the mills in which he realized about Rs. 43,000/- in excess of his purchase price. This was treated by the Income-tax authorities as purcha...
0
2,726
827
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: The High Court held that that was the nature of the transaction. On appeal this Court held that before the T...
A. Aruputham Vs. A. V. Yagappa By Mother and Guardian Elizabeth Mary Ammal
GROVER, J. 1. This is an appeal by certificate from a judgment of the Madras High Court involving the construction of a will executed on January 11, 1933, by Yagappa Nadar. The following short pedigree table will be of assistance in understanding the facts Yagappa Nadar (death March 16, 1938) | | | A. Y. Arulanandaswam...
0[ds]3. The decision of the case hinges on the correct translation of the portion previously extracted, the will being in Tamil language. The learned Trial Judge was familiar with the language as also the learned Judge of the High Court concurred in holding that according to the correct translation the testator provide...
0
961
468
### 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: GROVER, J. 1. This is an appeal by certificate from a judgment of the Madras High Court involving the cons...
R.S. Seth Shanti Sarup Vs. Union Of India & Ors
the Act, nor was there any notification to that effect published by the Government. The third and the most material objection raised by the learned counsel is that the powers of control exercisable under the sub-section cannot extend to dispossessing the owners from the undertaking and vesting the same in the authorise...
1[ds]10. These arguments of the learned counsel appear to us to be prima facie well founded and we are relieved from the task of examining them in detail as the learnedl appearing for the Central Government has fairly conceded that the impugned orders do not come within the purview of and are not warranted by the provi...
1
3,166
544
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the Act, nor was there any notification to that effect published by the Government. The third and the most...
Durga Prasad Vs. Devi Charan
she made a provision in the will to the effect that he should not be permitted to touch her dead body or perform her funeral rites. (2) The lady was of an extremely charitable and religious bent of mind and she made substantial provision for religious and charitable purposes in all the wills including the draft will Ex...
1[ds]9. Before however deciding the question of law arising in the present appeal, it may be necessary to set out a few facts against the background of which the point of law could be easily decided. It appears that Smt. Jog Maya was a very clever woman and personally looked after her own affairs as found by the High C...
1
7,305
3,072
### 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: she made a provision in the will to the effect that he should not be permitted to touch her dead body or perform her funer...
Ruby General Insurance Co. Ltd Vs. Pearey Lal Kumar And Another
to which reference was made by Lord Summer, the policy of insurance contained a clause referring to the decision of an arbitrator "all difference arising out of this policy". It also contained a recutal that the assured had made a proposal and declaration as the basis of the contract, and a clause to the effect that co...
0[ds]In the present case, both the parties admit the contract and state that they are bound by it. Indeed, the appellant-company, in order to make good its contention, is obliged to rely and does rely on that part of cl. 7 of the policy which states that if the company should disclaim liability and the claim be not ref...
0
3,690
870
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to which reference was made by Lord Summer, the policy of insurance contained a clause referring to the dec...
The Century Spg. & Mfg. Co. Ltd Vs. District Municipality Of Ulhasnagar
as Rule 3 (9) provides in express terms that only the words and expressions other than those defined in Rule 3 shall be deemed to be used in the Rules in the same sense in which they are used in the Act.Rule 3 (7) therefore expressly excludes the definition of the building given in the Act by providing a special defini...
1[ds]After considering the objections as required by the Act the Government by a further notification dated September 20, 1960 declared the said local area of which the same boundaries were set out in the Schedule thereto to be a permanent municipal district. It is true that in constituting the municipal district of Ul...
1
6,581
539
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: as Rule 3 (9) provides in express terms that only the words and expressions other than those defined in Rule 3 shall be d...
Kailash Sonkar Vs. Smt. Maya Devi
herself to Hinduism voluntarily and with full publicity, making no secret of this fact. A letter appearing at page 22 of the Paperbook shows that she accepted Hindu religion with all its customs and rites voluntarily. The relevant part of the letter reads thus :I am prepared to own Hindu religion with all sincerity and...
0[ds]17. In our opinion, there is one aspect which does not appear to have been dealt with by any of the case discussed by us. Suppose, A, a member of the scheduled caste, is converted to Christianity and marries a Christian girl and a daughter is born to him who, according to the tenets of Christian religion, is bapti...
0
9,153
1,001
### 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: herself to Hinduism voluntarily and with full publicity, making no secret of this fact. A letter appearing at page 22 of t...
Mahavir Prasad Gupta Vs. State of National Capital Territory of Delhi
alleging offences under Sections 418, 420, 423, 469, 504 and 120-B IPC. This Court held as follows : "8. In the case of State of Haryana v. Bhajan Lal, 1992 Supp(1) SCC 335, this Court in the backdrop of interpretation of various relevant provisions of the Code of Criminal Procedure under Chapter XIV and of the princip...
0[ds]11. In our view, the High Court was right in dismissing the petition. No case has been made out for interference at all. As the petitioners have stalled enquiries for the last overyears, we direct that the Police should now complete the investigation as expeditiously as possible and submit the final report in acco...
0
3,233
101
### 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: alleging offences under Sections 418, 420, 423, 469, 504 and 120-B IPC. This Court held as follows : "8. In the case of S...
KARBHARI AND OTHERS Vs. DEEPAK V. CHENGEDE AND OTHERS
alia, that the Election Programme and the stipulation therein were contrary to the provisions of the Constitution of the Sabha and as such the Programme deserved to be quashed. The Industrial Court, Ahmednagar by its order dated 05.06.2018 accepted the challenge and while quashing the Election Programme, it directed as...
0[ds]14. The facts and the circumstances in which the above-mentioned observations were made by this Court were completely distinct and different. The first case concerned the power of the Court to grant adequate relief while in the second case the issue was if in the ultimate analysis the company was to be wound up, t...
0
2,177
298
### 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: alia, that the Election Programme and the stipulation therein were contrary to the provisions of the Constitution of the Sa...
Union of India Vs. Jiwajirao Sugar Company Limited and Others
1. Leave granted. 2. The challenge in Civil Appeal No. ... of 1997 [arising out of SLP (C) No. 7764 of 1981] and the connected matters is to the judgment of the High Court dated 3-4-1981 in Miscellaneous Petition No. 707 of 1978. Both sides are partly aggrieved by the judgment. The challenge in the appeals filed by the...
0[ds]We are unable to accept this contention. We are in agreement with the reasons given by the High Court for taking the view that the period from December to March, when the yield of sugar is maximum, could be taken into account in price fixation and that such an opinion of the Central Government cannot be said to be...
0
686
271
### 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: 1. Leave granted. 2. The challenge in Civil Appeal No. ... of 1997 [arising out of SLP (C) No. 77...
Hyundai Corporation & Another Vs. Oil and Natural Gas Corporation Ltd
Incorporated after reopening its assessments to tax under Section 148 of the Act. As a result, the sub-contractor became liable to pay various amounts by way of tax, both under Section 44BB and otherwise, inasmuch as they opted under a particular Circular of the Government of India dated July, 1987, to pay tax on the b...
1[ds]5. It will be noticed on a perusal of the award of the Umpire, that a decision has been rendered on an issue which was never referred to the learned Umpire. The award was ultimately only on the said issue. In passing, the Umpire did refer to Clause 13.2.7, which was the only bone of contention left between the par...
1
1,685
127
### 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: Incorporated after reopening its assessments to tax under Section 148 of the Act. As a result, the sub-contr...
Common Cause & Others Vs. Union of India & Others
but must appear to have been conducted in a fair manner. The fact that Mr. Sinha met some of the accused persons without the investigating officer or the investigating team being present disturbs us with regard to the fairness of the investigations. This is all the more so if we keep in mind the fact that in the 2G sca...
0[ds]29. We are of the opinion that it is not at all necessary for us, nor is it advisable at this stage, to enter the thicket of allegations made by Common Cause with regard to the investigations relating to the Dardas or the alleged attempt by Mr. Ranjit Sinha to scuttle the investigations with regard to one or more ...
0
4,932
734
### 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: but must appear to have been conducted in a fair manner. The fact that Mr. Sinha met some of the accused persons without the...
Shashikala Devi Vs. Central Bank of India & Others
was tantamount to retirement by resignation entitling the employee to retiral benefits. The following passage is apposite in this regard: “7. The contention of the respondent is that the plaintiff did not retire from service but he left the service of the Company by resigning his post. This aspect to some extent agitat...
1[ds]7. In the case at hand, Mauzideceased employee had rendered nearly 34 years of service in theHe was, therefore, qualified to receive pension in terms of the Regulations applicable to him. It is also evident from a reading of Regulation 29 that thewas entitled to seek voluntary retirement in terms of Regulation 29 ...
1
5,888
1,000
### 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: was tantamount to retirement by resignation entitling the employee to retiral benefits. The following passage is apposite ...
KELVIN JUTE CO LTD WORKERS PROVIDENT FUND AND ANR Vs. KRISHNA KUMAR AGARWALA AND OTHERS
142 of the Constitution of India and give a quietus to all other disputes by treating the remittance of Rs. 1.95 Crores as full and final settlement of all the dues without any further liability on the part of M/s. Trend Vyapar Limited either by way of interest or by way of damages. ... 8. The non-applicants have submi...
0[ds]12. The Regional Provident Fund Commissioner has taken a stand before this Court that Section 7A, Section 14B and Section 7Q are not applicable in the present case, being a private Trust. But the fact remains that the non applicants did not produce any records before the Commissioner for enabling him to determine ...
0
2,735
90
### 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: 142 of the Constitution of India and give a quietus to all other disputes by treating the remittance ...
Khemchand Shankar Choudharyand Another Vs. Vishnu Hari Patil And Others
appellants do not also dispute that they being purchasers pendente lite are bound by the proceedings in the suit by virtue of the provisions of S.52 of the Transfer of Property Act. The only prayer made by them is that since the sales in their favour were not in dispute and as they had acquired title under the parties ...
1[ds]6. S.52 of the Transfer of Property Act no doubt lays down that a transferee pendente lite of an interest in an immovable property which is the subject matter of a suit from any of the parties to the suit will be bound in so far as that interest is concerned by the proceedings in the suit. Such a transferee is a r...
1
1,822
809
### 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: appellants do not also dispute that they being purchasers pendente lite are bound by the proceedings in the...
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION Vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY
party in appointing an arbitrator would get counter-balanced by equal power with the other party. In para (21), it was held as under:- 21. ….The next sentences in the paragraph, further show that cases where both the parties could nominate respective arbitrators of their choice were found to be completely a different s...
1[ds]16. After coming into force of Arbitration and Conciliation (Amendment) Act, 2015, the Government of India, Ministry of Railways made a modification to Clause 64 of the General Conditions of Contract and the Railway Board issued a notification dated 16.11.2016 in this regard. The modified Clause 64(3)(a)(i) (where...
1
8,616
2,474
### 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: party in appointing an arbitrator would get counter-balanced by equal power with the other party. In para (21), i...
COMMISSIONER OF POLICE & ANR. Vs. UMESH KUMAR
to apply for recruitment and on their selection they do not acquire any right to the post. Unless the relevant recruitment rules so indicate, the State is under no legal duty to fill up all or any of the vacancies. However, it does not mean that the State has the licence of acting in an arbitrary manner. The decision n...
1[ds]The narration of facts demonstrates that a result notifying a list of provisionally selected candidates was initially declared on 13 July 2015 but it was soon found that an error had crept in due to the failure to allocate a bonus mark to every candidate whose height was in excess of 178 centimetres. The allotment...
1
4,735
1,774
### 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: to apply for recruitment and on their selection they do not acquire any right to the post. Unless the rele...
Waryam Steel Castings Pvt.Ltd Vs. Punjab State Power Corpn.Ltd
62 of the Electricity Act, 2003 requires an appropriate Commission to determine the tariff in accordance with the provisions of the Act. The Regulatory Commission has been constituted and notified under the provisions of Section 3 read with Section 11 of the Reform Act, 1998 which in terms of Sections 11(1)(c) and (e) ...
0[ds]20. Insofar as the order of the High Court dismissing the Letter Patent Appeals filed by the industrial establishments is concerned the matter should not detain the Court. Not only the levy of surcharge has been upheld by this Court by dismissal of Civil Appeal No.10889 of 2010, though for the yearwhat stares at t...
0
5,057
836
### 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: 62 of the Electricity Act, 2003 requires an appropriate Commission to determine the tariff in accordanc...
Indian Chamber of Commerce Vs. Commissioner of Income Tax, West Bengal II, Calcutta
(i) for profit or (ii) without profit ? Even if (a) and (b) are answered affirmatively, if (c) (i) is answered affirmatively, the claim for exemption collapses. The solution to the problem of an activity being one for or irrespective of profit is gathered on a footing or facts. What is the real nature of the activity? ...
0[ds]The assesses the Indian Chamber of Commerce, , was assessed for the accounting yearon the income which arose from the three heads of arbitration fees, fees for certificates of origin and the share of profits in the firm M/s. Calcutta Licensed Measurers which issued weighment and measurement certificates charging a...
0
6,216
2,589
### 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: (i) for profit or (ii) without profit ? Even if (a) and (b) are answered affirmatively, if (c) (i) is answered affirmative...
The Director Of Industries & Commerce. Government Of A. P., Vs. V. Venkata Reddy & Ors
law then in force in any State or Union Territory by virtue of clause (b) of Article 35 of the Constitution prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, that State or Union territory, any requirement as to residen...
1[ds]On this question the Judges of the Full Bench are agreed that the answer must be in the affirmative. The words "laws in force in the territory of India" in Art. 35 (b) also occur in Art. 372, which continue in force existing laws which existed not only in the Provinces of British India but in all Indian States.It ...
1
4,797
1,031
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: law then in force in any State or Union Territory by virtue of clause (b) of Article 35 of the Constitu...
NEKKANTI RAMA LAKSHMI Vs. STATE OF KARNATAKA
granted lands. It provided that for an application to be made by a interested person to the Assistant Commissioner for restoration of such land. 2 Section 5. Resumption and restitution of granted lands. - (1) where, on application by any interested person or on information given in writing by any person or suo moto, an...
1[ds]We, however, find that one of the points raised on behalf of the appellant deserves acceptance. That point is that the application for restoration of the land was made by the heir of Kriyappa after unreasonably long period, i.e. 25 years from the Act came into force. Section 4 of the Act itself has a ubiquitous ef...
1
1,546
463
### 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: granted lands. It provided that for an application to be made by a interested person to the Assistant...
Girja Prasad Vs. State Of M.P
to come to its own conclusion on such evidence in consonance with the principles of criminal jurisprudence.28. In Shivaji Sahabrao Bobade v. State of Maharashtra, (1973) 2 SCC 793 , dealing with a similar situation, a three Judge Bench speaking through V.R. Krishna Iyer, J. stated: ?Even at this stage we may remind our...
0[ds]16. Having anxiously considered the rival contentions of the parties and having gone through the record of the case meticulously, we are of the view that the High Court was wholly justified in setting aside acquittal of the accused and in recording an order of conviction against him. From what is stated above, it ...
0
5,218
2,906
### 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 come to its own conclusion on such evidence in consonance with the principles of criminal jurispru...
Smriti Madan Kansagra Vs. Perry Kansagra
the High Court of Justice, Court of Appeal, Civil Division In re W (Jurisdiction : Mirror Order) [2014] 1 FLR 1530 : [2011] EWCA Civ 703. In the words of Thorpe L J., it was opined that : …One of the imperatives of international family law is to ensure that there is only one jurisdiction, amongst a number of possible c...
1[ds]11.1. It is a well-settled principle of law that the courts while exercising parens patriae jurisdiction would be guided by the sole and paramount consideration of what would best subserve the interest and welfare of the child, to which all other considerations must yield. The welfare and benefit of the minor chil...
1
15,643
5,996
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the High Court of Justice, Court of Appeal, Civil Division In re W (Jurisdiction : Mirror Order) [2014] 1 FLR 1530 : [2011...
MOHAMMED MASROOR SHAIKH Vs. BHARAT BHUSHAN GUPTA & ORS
advocates notice dated 8th November 2019, the appellant and the respondent nos.2 to 5 were served a copy of the petition filed under Section 11 of the Arbitration Act by the respondent no.1. In the impugned Order, the learned Single Judge of the Bombay High Court has referred to the affidavit of service of notice filed...
0[ds]8. We have given careful consideration to the submissions. It is not in dispute that along with advocates notice dated 8th November 2019, the appellant and the respondent nos.2 to 5 were served a copy of the petition filed under Section 11 of the Arbitration Act by the respondent no.1. In the impugned Order, the l...
0
2,513
1,112
### 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: advocates notice dated 8th November 2019, the appellant and the respondent nos.2 to 5 were served a copy of the petition ...
Ranjit Singh Vs. State Of Punjab
he was undergoing treatment.3. On 1st April, 2004, the appellant was once again admitted to a Nursing Home for corrective treatment of his face and he was discharged on 6th April, 2004, and a certificate to that effect was issued by the Nursing Home authorities. According to the appellant, he had spent a sum of Rs.50,0...
0[ds]9. Having considered the submissions made on behalf of the respective parties, it appears to us that the concerned respondents had dealt with the appellants claim in accordance with the Rules governing the service of the appellant and it was for the appellant to establish that he was entitled to reimbursement of t...
0
1,350
301
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: he was undergoing treatment.3. On 1st April, 2004, the appellant was once again admitted to a Nursing H...
Sathya Narayanan Vs. State Tr.Insp.Of Police
in the Ashram on 08.04.2000. It is also clear that though PW-7 has stated that he did not notice any injury on the body of the deceased, he admitted that the whole body was covered with a blue colour saree. He issued the Death Certificate mentioning that the deceased would have died due to heart attack without any exam...
0[ds]31) In the case of circumstantial evidence, motive also assumes significance for the reason that the absence of motive would put the court on its guard and cause it to scrutinize each piece of evidence closely in order to ensure that suspicion, omission or conjecture do not take the place of proof. In the case on ...
0
6,845
228
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: in the Ashram on 08.04.2000. It is also clear that though PW-7 has stated that he did not notice any in...
M/S Ashoka Smokeless Coal Ind. P.Ltd. & Ors Vs. Union Of India
for exercise of public navigation rights. Initially however, the authorities by regular and consistent practice had accepted that such rights did not exist. The Court of Appeal said that although the expectations were legitimate, the action must fail. According to Peter Gibson L.J., the action failed as legitimate expe...
0[ds]65. Some of the appellants before us are manufacturers of hard coke. It is not in dispute that hard coke although does not come within the purview of core sector, for the purpose of distribution of coal, recommendations have been made by the Ministry of Steel that it should be included in the said category. The sa...
0
25,908
6,788
### 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: for exercise of public navigation rights. Initially however, the authorities by regular and consi...
Ved Prakash Vs. U.O.I.
during his entire service as reflected by the factors mentioned therein. The Commodore, Bureau of Sailors is the authority to grant re-engagement. According to para 9 (a) and (b), the re-engagement shall not be less than 2 years and not exceed 5 years. Para 9 (c) of the Navy Order is as under:"Not-withstanding the abov...
1[ds]11. It is clear from para 9 (c) of the Navy Order 02/07 that the Sailors of Artificer Cadre, to which the Appellant belongs, will be governed by separatenorms in force from time to time. On being asked to show the norms applicable to Sailors of Artificer Cadre, counsel appearing for both sides submitted that there...
1
2,545
843
### 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: during his entire service as reflected by the factors mentioned therein. The Commodore, Bureau of Sailors is the authority t...
A.V. Thomas & Company Ltd Vs. Dy. Commr. of Agrl. Income Tax & Sales Tax. Trivandrum
the goods are specified goods the title passes to the buyer. In the present case as soon as the hammer fell the title in the goods passed to the buyer as the goods were specific goods i.e. goods which were auctioned in full lots and this event took place at Fort Cochin which was in the State of Madras. But in the case ...
1[ds]Specific goods in s. 2 (14) of the Sale of Goods Act means goodsidentified and agreed upon at the time contract is made. Therefore on the fall of the hammer theoffer is accepted and if the goods are specified goods the title passes to the buyerIn the present case as soon as the hammer fell the title in the goods p...
1
2,072
953
### 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: the goods are specified goods the title passes to the buyer. In the present case as soon as the hammer fell t...
Ahmedabad Municipal Corporation & Others Vs. Ramanlal Govindram etc
19 (1) (f).19. The High Court also held that the notice embodying the order of eviction must furnish the reasons to the affected person.20. The decision of this Court in Hari Singh v. Military Estate Officer, (1973) 1 SCR 515 = (AIR 1972 SC 2205 ) is that where there is only one procedure for ejectment of persons in pu...
1[ds]22. On the ruling of this Court in Maganlal Chhagganlals case (1974) 2 SCC 402 = (AIR 1974 SC 2009 ) (supra) the conclusion of the High Court that Section 437A,offends Article 14 on the around that there is no clear guidance on the Municipal Commissioner to take proceedings is set aside. It may also be stated h...
1
3,081
525
### 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: 19 (1) (f).19. The High Court also held that the notice embodying the order of eviction must furnish the reasons ...
M/S. Sathyanarayana Brothers (P) Ltd Vs. Tamil Nadu Water Supply & Drainage Board
handover note just with a view to emphasize the relevance and importance of the said note which is document D-660. A copy of the same has been filed in this Court. In Paragraph 6.1.7 and 6.1.7.1. it is indicated that Department had to carry out the work of trench excavation, the service roads, river, rail and road cros...
1[ds]repel the contention raised on behalf of the appellant pertaining to the jurisdiction of the arbitrators and the umpire to decide theit is mentioned about the availability of power. Some problem relating to trench excavation by the Board also finds mention in Para 7 onwards. A bare look of some of the parts of the...
1
4,912
465
### 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: handover note just with a view to emphasize the relevance and importance of the said note which is document ...
D. Srinivas Vs. SBI Life Insurance Co. Ltd. and Ors
communication was sent on 16.12.2008 regarding refund of the proposal amount as the insurance policy could not be completed pending medical examination and the proposal was rejected. The Appellant submitted a reply dated 25.2.2011 stating that at no point of time any letter from the insurance company was received calli...
1[ds]8. We have carefully considered the submissions of the learned Counsel for the parties. It is not in dispute that the Appellant, his wife and his son D. Venugopal had obtained a housing loan of Rs. 30 lacs from the bank in the month of September, 2008 for the construction of the house. A sum of Rs. 78,150/- was de...
1
2,105
986
### 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: communication was sent on 16.12.2008 regarding refund of the proposal amount as the insurance policy could not be...
Venugopal Padayachi (Dead) through L.Rs Vs. V. Pichaikaran (Dead) through L.Rs
209 of 1989 in the High Court at Madras. The High Court framed the following substantial question of law:Whether the Courts below are right in law in finding adverse possession when the execution of the mortgage deed is not disputed by the Defendant?and, found as under:4. Admittedly, the Plaintiff executed a mortgage o...
1[ds]With the assistance of the learned Counsel, we have gone through the document in question and find that the Defendant was put in possession pursuant to said documentThe issue is no longer res integra as the matter has been decided by this Court on few occasions13. In Rukmani Ammal (supra), this Court succinctly ex...
1
1,375
73
### 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: 209 of 1989 in the High Court at Madras. The High Court framed the following substantial question of la...
Godavari Marathwada Patbandhare Vikas Mahamandal & Others Vs. The State of Maharashtra & Others
public purpose, namely, Kadva Project, and in continuation of the same public purpose, a Corporation was established by the State being Godavari Marathwada Irrigation Development Corporation by a legislative Act issued by the competent Legislature. Merely because this Corporation was established in the year 1998 and th...
1[ds]6. As is evident from the above recorded findings, it is clear that the genesis of the impugned order is that as the Corporation came into existence subsequent to the passing of the Judgment dated 7th April 1995, it has no locus standi or right to be heard by the SLAO before whom the Petitions were filed under Sec...
1
4,059
947
### 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: public purpose, namely, Kadva Project, and in continuation of the same public purpose, a Corporation was esta...
Hsbc Bank Omas S.A.O.G Vs. Rockline Construction Company and Others
a conspiracy on part of the petitioner with four other parties who are in the business of buying/selling properties and who are compensated for offering their services to the petitioner in successful bidding and acquiring the property and it is not known as to what is that which the four parties could have done which t...
0[ds]20. In the backdrop of the aforesaid chain of events, we are called upon to examine the correctness of the impugned order through two writ petitions, Writ Petition No.8572/14 being filed by Rockline Construction Company and Writ Petition No.9078/14 being filed by the Bank. We have extensively heard the learned sen...
0
10,031
2,629
### 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 conspiracy on part of the petitioner with four other parties who are in the business of buying/selling properties and wh...
Mr.Seetaram S/O Ganpat Randale Vs. Oil and Natural Gas Commission of (India) & Others
the said Mineral Exploration Corporation Limited was on the terms and conditions as contained in the letter dated 30-12-1975 issued by the said Corporation. The petitioner thereafter applied to the Hindustan Antibiotics Ltd. for the post of Assistant Marketing Officer (Accounts) vide his application dated 09-06-1978. T...
0[ds]8. In the light of the said factual position, the prayer clause (iii), in fact cannot be countenanced. It would be also pertinent to note that benefit of the past service of the petitioner cannot be granted to him in as much as the petitioner has joined the various Corporations/Government Companies on his own acco...
0
1,363
203
### 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 said Mineral Exploration Corporation Limited was on the terms and conditions as contained in the letter dated 30-12-197...
PATEL ENGINEERING LTD. Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO)
3.4 of the BoQ are applicable. The provisional payment was an interim arrangement and was preceded by meetings dated 07.12.2012 and 08.12.2012 wherein it was specifically agreed between the parties that HoP, NEEPCO would take steps for referring the dispute to arbitration and that till the arbitral award, the payment w...
0[ds]12. In our considered view, it is not necessary to go into the question of maintainability of these SLPs preferred against the order rejecting the review, after the challenge to the main judgment had been rejected in the earlier SLPs. As noted earlier, in this case, the judgment of the High Court under Section 37 ...
0
6,211
1,308
### 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: 3.4 of the BoQ are applicable. The provisional payment was an interim arrangement and was preceded by meetings dated 07.12....
Mcleod Russel India Limited Vs. Reg.Prov.Fund Comm.,Jalpaiguri
from differing decisions of different High Courts by clarifying that the word ‘damages’ has been employed in this dispensation to mean penalty on recalcitrant employers as well as reparation for loss caused to the Fund. The Court stoutly repelled the contention that damages were merely compensatory in nature and, there...
0[ds]10. There is no gainsaying that criminal liability remains steadfastly fastened to the actual perpetrator and cannot be transferred by any compact between persons or even by statute. But this incontrovertible legal principle does not support or validate the contention of Mr. Jayant Bhushan, Learned Senior Advocate...
0
5,029
268
### 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: from differing decisions of different High Courts by clarifying that the word ‘damages’ has been empl...
Management Of State Bank Of Hyderabad Vs. Vasudev Anant Bhide Etc
of the work to be done and the duties which were required to be performed by the various persons who were entitled to receive special allowances, the Desai Tribunal states in para 5.231 that the Sastry Award has been in operation for a long time and as a result of decisions given by Tribunals the categories of persons ...
1[ds]16. We accept the contention of Mr. Gokhale that the Labour Court had been specified under Section 33C (2) as early as April 15, 1963. It follows that this contention of Mr. Aggarwala has no substance.Gokhale, on behalf of the respondents, urged that Article 137 had no application to proceedings initiated under Se...
1
9,861
1,802
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: of the work to be done and the duties which were required to be performed by the various persons who were entitled to rec...
Shuganchand Vs. Prakash Chand & Others
allowed his appeal and dismissed the appellants suit. The High Court has held that since Kanakmals wife was alive at his death it was she alone who was competent to adopt with a view to obtain the estate of Kanakmal, and that the adoption made by the widowed daughter-in-law would not have the effect of divesting the es...
1[ds]6. The main contention which is urged before us by Mr. Andley for the appellant is that the High Court was in error in allowing the respondent to make out a new point before it at a very late stage, and he has also contended that in deciding the said point against the appellant the High Court has lost sight of a v...
1
1,979
937
### 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: allowed his appeal and dismissed the appellants suit. The High Court has held that since Kanakmals wife was...
Indian Bank and another Vs. Mahaveer Khariwal
hereinbelow. It also appears that as per Sub-Regulation (2) of Regulation 29, the notice of voluntary retirement given under Sub-Regulation (1) shall require acceptance by the appointing authority. However, as per the proviso to Sub-regulation (2), the appointing authority has to take a decision before the expiry of th...
0[ds]8. We have heard the learned counsel for the respective parties at length.It is not in dispute that in the present case the employee submitted the voluntary retirement application on 21.01.2004. In the application itself, the employee requested for waiver of three months notice and requested to deduct the salary a...
0
3,751
1,531
### 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: hereinbelow. It also appears that as per Sub-Regulation (2) of Regulation 29, the notice of voluntary reti...
Mangal Oram & Ors Vs. State Of Orissa & Anr
argument of Mr. Gobind Das is that the acquisition of the land for the establishment of a steel plant cannot be said to be for the purpose of the development of the industry. It is not denied by the learned counsel that a steel plant constitutes an industrial undertaking and that the object of establishing a steel plan...
0[ds]In that notification, it was stated that the project for the establishment of a steel plant and allied and ancillary industries in the block of villages round about Rourkela shall be included within the meaning of the expression "development of industries", as defined in clause (c) of section 2 of the Act. In the ...
0
1,500
593
### 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: argument of Mr. Gobind Das is that the acquisition of the land for the establishment of a steel plant...
THE DIRECTOR, STEEL AUTHORITY OF INDIA LIMITED Vs. ISPAT KHADAN JANTA MAZDOOR UNION
1961 and other statutory measures which are applicable over the establishment of the appellant including various welfare schemes which provide safety and security of the workers. To say so, every establishment is under obligation to implement the mandate of law but that could not be a determining factor/denominator to ...
1[ds]33. The exposition of the judgment of the Constitution Bench of this Court made it clear that neither Section 10 nor any other provision in the CLRA Act provides for automatic absorption of contract labour on issuing a notification by the appropriate Government under Section 10(1) of the CLRA Act, and consequently...
1
9,876
2,170
### 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: 1961 and other statutory measures which are applicable over the establishment of the appellant including vari...
SRIRAM HOUSING FINANCE AND INVESTMENT INDIA LTD Vs. OMESH MISHRA MEMORIAL CHARITABLE TRUST
101, the Court shall, in accordance with such determination, – a. make an order allowing the application and directing that the applicant be put into the possession of the property or dismissing the application; or b. pass such other order as, in the circumstances of the case, it may deem fit. 101. Question to be deter...
0[ds]14. From bare reading of the aforesaid provisions, it is clear that Order XXI Rule 97 deals with the resistance or obstruction to possession of immovable property by any person obtaining possession of the property against the decree holder. It empowers the decree holder to make an application complaining about suc...
0
4,710
837
### 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: 101, the Court shall, in accordance with such determination, – a. make an order allowing the application an...
Union Of India Vs. Jubbi And Dunia, Etc
declaring the tenant to be the landowner in respect of the land specified in the certificate. Sub-section (6) provides that on and from the date of the grant of the certificate the tenant shall become the owner of the land comprised in the tenancy and the right title and interest of the landowner in the said land shall...
1[ds]ut before we do that it would be expedient to clear the ground regarding the question of the applicability of statutes on the State and its immunity, if any, from such statutes10. The contention, however, was that these three ways of abolishing the landowners interest and transferring in two out of these three met...
1
3,965
897
### 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: declaring the tenant to be the landowner in respect of the land specified in the certificate. Sub-section (6)...
K. S. Nanji And Company Vs. Jatashankar Dossa And Others
agent, which is the same thing, became aware of the sale and its wrongfulness, that is to say, became aware of the fact of conversion. The defendant was unable to provide us with any materials to fix that date and therefore his plea of limitation fails altogether, because he is unable to show a date outside the period ...
0[ds]The answer to this question depends upon the correct delineation of the boundary line between plaintiffs leasehold and the defendants leasehold. It is common case that the southern boundary of the appellants leasehold is conterminous with the northern boundary of the respondentsboth these documents the southern bo...
0
4,690
1,276
### 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: agent, which is the same thing, became aware of the sale and its wrongfulness, that is to say, became aware of the fact o...
PARADEEP PHOSPHATES LIMITED Vs. STATE OF ORISSA
the Act is a provision in consonance with the Constitutional mandate which assures the protection of principles of natural justice i.e., no one shall be condemned unless heard. For the guidance, legislature prescribed the Fourth Schedule and it is clearly mentioned in Section 9A of the Act that before changing either o...
0[ds]At the first sight of the provision, prima facie, it appears that the employer is bound to give minimum 21notice to the employee if employer intends to change any material terms of service. Section 9A of the Act is a provision in consonance with the Constitutional mandate which assures the protection of principles...
0
2,746
646
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the Act is a provision in consonance with the Constitutional mandate which assures the protection of princ...
P. Venkataswami and Another Vs. D.S. Ramireddy and Another
dispute being which of the parties did it, was clear indication that the land was cultivable and as such it could not be treated as assessed waste. However, the High Court, relying on a Full Bench decision of the Madras High Court in Periannan v. A. S. Amman Kovil (AIR 1952 Mad 323 : ILR 1952 Mad 741 : (1952) 1 MLJ 71 ...
1[ds]Having thus stated the law, this Court dismissed the appeal with the observation that in the present case there is no proof that the lands were ever directly cultivated by the landholder. Thus even on the provisions of the Madras Estates Land Act, 1908 considered by the Madras Full Bench, this Court appears to hav...
1
2,143
174
### 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: dispute being which of the parties did it, was clear indication that the land was cultivable and as such it could not be ...
State Of Rajasthan And Anrs Vs. Rajasthan Chemist Association
fixtures. Nor can the builder reclaim them if they have been subsequently severed from the soil by the building owner or anyone else. The principle was shortly and clearly stated by Blackburn J. in Appleby v. Meyers(1867 LR 2 CP 651): Materials worked by one into the property of another become part of that property. Th...
0[ds]the first point of sale in the State of Rajasthan in most cases which attracts levy of sales tax is by the wholesale distributors to the retailers and not by retailers to end consumers when alone MRP can be charged. Under the Weights and Measures Act and the provisions of Drug Price Control Order, 1995 (in short C...
0
10,170
2,633
### 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: fixtures. Nor can the builder reclaim them if they have been subsequently severed from the soil by the build...
U.P.State Sugar Corporation Vs. Burhwal Sugar Mills Co. Ltd.
equipment and power plant), weight bridges, cranes, chimneys turbines and boilers (including the foundations, superstructure and roofing thereof pertaining to that factory;(ii) any engineering workshop, including machinery and equipment thereof;(iii) any chemical laboratory including any apparatus and equipment thereof...
1[ds]The intention of the Legislature is clear that the land and buildings which were connected with or were in use for the purposes of the factory would be covered by clause (vi) of section 2 (h). Admittedly, the registered office of the respondent company was located at House No. 54/14 Canal Range, Kanpur. There is n...
1
2,849
251
### 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: equipment and power plant), weight bridges, cranes, chimneys turbines and boilers (including the foundations, superstructur...
BIRLA INSTITUTE OF TECHNOLOGY Vs. THE STATE OF JHARKHAND
to the meaning of words associated with it . [See Principles of Statutory Interpretation by Justice G.P. Singh, 8th Edn., Syn. 8, at p. 379.] 23. The wordunskilled is opposite of the wordskilled and the wordsemi- skilled seems to describe a person who falls between the two categories i.e. he is not fully skilled and al...
1[ds]16. Reading the aforementioned principle of law laid down by this Court, we have no hesitation in holding that respondent No.4, who was also a teacher and worked with the appellant as such, was not eligible to claim gratuity amount from the appellant (BIT) under the Act.17. In our opinion, the High Court though to...
1
2,363
443
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: to the meaning of words associated with it . [See Principles of Statutory Interpretation by Justi...
Gummalapura Taggina Matadakotturuswami Vs. Setra Veeravva And Others
to be further established that the property was possessed by her at the time the Act came into force. It was the case of the appellant that the estate of Veerappa was in actual possession of the second defendant and not Veeravva at the relevant time. On behalf of the respondent it was urged that the words "possessed by...
0[ds]It seems to us that if were permissible to decide the question of Veeravvas possession on only the affidavits before us, we would find no difficulty in holding that she was in possession of her husbands estate when the Act came into force. It is to be remembered, however, that this question has arisen now and the ...
0
4,098
1,293
### 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: to be further established that the property was possessed by her at the time the Act came into force. I...
Kanhiyalal and Others Vs. State of Rajasthan
the deceased had a linear fracture 2" in length over the right frontal bone. The brain was congested and there was clotting of blood. This injury corresponds to external injury No. 1 In the opinion of Dr. Tak death was due to shock and haemorrhage on account of fracture of the skull bone. The injuries were ante-mortem....
0[ds]We think that this conclusion is correct. Immediately after the incident all the members of the complainants party except PW 1 Prem who was a minor had accompanied the injured Chhotu and Bhura in the bullock cart. On reaching the dispensary it was realised that since the medical officer was not available it was ne...
0
2,511
159
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the deceased had a linear fracture 2" in length over the right frontal bone. The brain was congested ...
Ahmedabad Municipal Corporation Of The City Of Ahmedabad Vs. Haji Abdulgafur Haji Hussenbhai
he acted with wilful abstention or gross negligence. Being a question depending on the behaviour of a reasonably prudent man, the Courts have to consider it in the background of Indian conditions. Courts in India should, therefore, be careful and cautious in seeking assistance from English precedents which should not b...
1[ds]4. This section in unambiguous language lays down that no charge is enforceable against any property in the hands of a transferee for consideration without notice of the charge except where it is otherwise expressly provided by any law for the time being in force. The saving provision of law must expressly provide...
1
5,386
1,877
### 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: he acted with wilful abstention or gross negligence. Being a question depending on the behaviour of a reasonably prudent ma...
State of Madras & Another Vs. M/s. M.A. Noor Mohammed & Company & Others
the single point imposition of sales tax on hides and skins to be conditional on observing the condition of taking a licence. 10. The argument of inconsistency between R. 16(5) of the Turnover and Assessment Rules and S. 5(vi) of the Act which was accepted in the High Court receives no support from the language of that...
1[ds]10. The argument of inconsistency between R. 16(5) of the Turnover and Assessment Rules and S. 5(vi) of the Act which was accepted in the High Court receives no support from the language of that section which is a concessional provisions for making the sales of hides and skins liable to taxation at a single point;...
1
3,330
319
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the single point imposition of sales tax on hides and skins to be conditional on observing the condition of taking a licen...
CHANDIGARH ADMINISTRATION Vs. HARI RAM
so far paid an amount of Rs.1,02,000/- and in compliance with the interim order dated 10.11.2008, the respondent has also deposited Rs.40,000/- in the High Court. The High Court held that further opportunity has to be given to the respondent to pay the outstanding dues and his case cannot be shut out by citing number o...
1[ds]10. In the present case, after the allotment, the respondent has paid only the initial payment and has not paid the first, second and third instalments and the ground rent which fell due on 25.12.1997, 21.12.1998 and 25.12.1999 and inspite of several opportunities, respondent has not paid the amount. When the resp...
1
1,773
767
### 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: so far paid an amount of Rs.1,02,000/- and in compliance with the interim order dated 10.11.2008, the respondent has also de...
M/S.Purbanchal Cables & Conductors P.Ltd Vs. Assam State Electricity Board
consideration of an earlier judgment is made. It was held: “…When it is urged that the view already taken by this Court should be reviewed and revised, it may not necessarily be an adequate reason for such review and revision to hold that though the earlier view is a reasonably possible view, the alternative view which...
0[ds]66) We are in full agreement with the view expressed in Keshav Mills case (supra). The learned Senior Counsel Shri Rakesh Dwivedi has not been able to make out a case for reconsideration of the decision of this Court in Assam Small Scale Industries (supra). In fact, a plea for reconsideration of the same was rejec...
0
16,677
511
### 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: consideration of an earlier judgment is made. It was held: “…When it is urged that the view already taken by this Court shou...
Thakur Bhim Singh by Lrs and Anr Vs. Thakur Kan Singh
for or against the party who did the act or made the declaration. ... But subsequent declarations are admissible as evidence only against the party who made them, and not in his favour. 18. The above pass age, we are of the view, does not really assist the defendant in this case. What was held by the House of Lords in ...
1[ds]4. It is thus seen that the defendant put forward a two-fold claim to the suit house-one on the basis of the right of survivorship another on the basis of a joint purchase along with Bharat Singh. Even though in one part of the written statement, he declined to admit the existence of the patta, in paragraph 13 of ...
1
9,610
4,259
### 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: for or against the party who did the act or made the declaration. ... But subsequent declarations are admi...
Bishan Devi Tr. Lrs Vs. Delhi Development Authority & Others
SLP(C) No. 13551 of 2015, SLP(C) No. 14802 of 2015, SLP(C) No. 15451 of 2015, SLP(C) No. 15454 of 2015, SLP(C) No. 16995 of 2015, SLP(C) No. 17006 of 2015, SLP(C) No. 17248 of 2015, SLP(C) No. 17740 of 2015, SLP(C) No. 18480 of 2015, SLP(C) No. 18485 of 2015, SLP(C) No. 19204 of 2015, SLP(C) No. 19452 of 2015, SLP(C) N...
1[ds]2. Heard the learned senior counsel/learned counsel appearing for the parties at length.Arguments concluded.
1
1,680
20
### 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: SLP(C) No. 13551 of 2015, SLP(C) No. 14802 of 2015, SLP(C) No. 15451 of 2015, SLP(C) No. 15454 of 2015, SLP(C) No. 16995 o...
S.P. Jain Vs. Union of India and Others
also the original proceedings which are initiated by a petition. Such as original petition is required to be verified under the Code in Order 6, rule 15. To construe it otherwise would lead to impossible results. ( 58 ) BOTH these decisions were brought to the notice of the learned judge deciding the Clive Mills case [...
0[ds]( 24 ) WE find it difficult to accept the arguments of Mr. Mody. We have already referred to the relevant provisions, and it is abundantly clear that the proceedings before the Tribunal are civil proceedings. There is also hardly any doubt that the intention of the legislature as indicated in the various provision...
0
15,700
5,079
### 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: also the original proceedings which are initiated by a petition. Such as original petition is required to be verified und...
East India Tobacco Co Vs. State Of Andhra Pradesh
treatment of the respective coals being within the power conceded by the cases to the State it as logical and legal justification and is necessarily, not unreasonable or arbitrary."8.In our judgment the differences which exist between the Virginia and Natu country tobacco, as found by the learned Judges, are materials ...
0[ds]8.In our judgment the differences which exist between the Virginia and Natu country tobacco, as found by the learned Judges, are materials on which the State could treat Virginia tobacco as forming a class by itself for purpose of taxation, and the impugned legislation must be held to be not obnoxious to Art. 14 o...
0
3,338
314
### 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: treatment of the respective coals being within the power conceded by the cases to the State it as logical and leg...
H. P. Mineral and Industrial Development Corporation Employees and apos; Union Vs. State of Himachal Pradesh and Others
clause (oo) of Section 2 is also subject to the context and the subject-matter. Section 25-F prescribed the conditions precedent to a valid retrenchment of workers as discussed earlier. Very briefly, the conditions prescribed are the giving of one months notice indicating the reasons for retrenchment and payment of wag...
0[ds]The submission of Shri Sharma is that since termination of services of the workmen constitutes retrenchment under Section 2(oo) of the Act the provisions of SectionN were applicable to the present case and the workmen could be retrenched only by giving three months notice which was not given in this case5. We are ...
0
2,359
763
### 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: clause (oo) of Section 2 is also subject to the context and the subject-matter. Section 25-F prescribed the ...
Competent Authority Vs. Barangore Jute Factory
land in the favour of the Central Government. 12. The aspect of possession of land having been taken by the Competent Authority, is an important issue for consideration in this case. Vesting of land in the Central Government has been held to be not in accordance with the law. The other statutory requirement which needs...
0[ds]So far as the question whether the impugned Notification meets the requirement of Section 3A(1) of the Act regarding giving brief description of land is concerned, we have already shown that even though plot numbers of land in respect of each Mouza are given, different pieces of land are acquired either as whole o...
0
5,126
1,744
### 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: land in the favour of the Central Government. 12. The aspect of possession of land having been taken by the...
Patiraji Vs. Mamta & Others
year only and therefore she was not entitled to the Adhivasi rights. Special Appeal No. 344 of 1956 against that judgment was dismissed by a Division Bench in limine on October 31, 1956. This is an appeal by special leave against that decision.4. The sole foundation of the appellants claim is an entry which appears in ...
0[ds]5. Looking at the provision contained in Section 20 (b) (i), it seems to us plain that the Adhivasi rights can be claimed by those persons only who are recorded as occupants for the whole of the Fasli year 1356. It is important to remember that the rights conferred by Section 20 (b) (i) are available even and most...
0
1,498
838
### 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: year only and therefore she was not entitled to the Adhivasi rights. Special Appeal No. 344 of 1956 against that j...
Pravin Vs. The State of Maharashtra
was sleeping. When he woke up, they both inquired from him, but the appellant did not disclose anything. He went to bathroom and washed his hands, legs and face. This particular evidence of Rahul Ronghe (PW-1) is not corroborated by any other evidence. Prosecution has not examined mother of Rahul Ronghe (PW-1).21. Cros...
1[ds]17. Evidence of Rahul Rongheitself shows that the appellant came at about 1.00 a.m. and slept by his side. As perof Amol Bonde (PW2), there are 24 Dhabas on Amravati road and the customers used to visit Dhabas for dinner. Those Dhabas used to remain open upto 1.00 a.m. It is pertinent to note that, when, as per th...
1
3,143
1,036
### 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: was sleeping. When he woke up, they both inquired from him, but the appellant did not disclose anything. He...
Firm Ishardas Devi Chand & Anr Vs. R. B. Parkash Chand & Anr
the revision filed by the appellants in limine. The appellants having obtained special leave the matter is before us.2. The relevant facts may be shortly stated. Firm Ishar Das Devi Chand and its two partners Devi Chand and Manohar Lal, brought a suit for a permanent injunction restraining R. B. Prakash Chand, responde...
0[ds]6. It seems to us that this order dated July 20, 1067, was clearly appealable under Order XLIII, Rule 1, Civil Procedure Code.The preliminary objection of the respondent before the learned District Judge that the order dated July 20, 1967, of the Sub-Judge was passed under Section 151, Civil Procedure Code, and no...
0
1,269
367
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the revision filed by the appellants in limine. The appellants having obtained special leave the matter is before us.2. Th...
State of Madhya Pradesh Through Principal Secretary & Another Vs. Mahendra Gupta & Others
Judge, the latter agreeing. The judgment was delivered on February 22, 1933. But Harrison J. went on leave before signing the judgment, which was signed by Agha Haider J., the Deputy Registrar appending a note that Harrison J. had gone on leave before signing the judgment he delivered.7. Order XLI, Rule 31 requires tha...
1[ds]15. Although Rules, 1994 do not expressly provide that decision of the State Transport Authority shall be taken in accordance with the opinions of the majority but there being no special majority provided for decision to be taken in the meeting of the State Transport Authority, normal, rule that decision by majori...
1
4,921
806
### 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: Judge, the latter agreeing. The judgment was delivered on February 22, 1933. But Harrison J. went on leave before signing ...
Daroga Rai Vs. State of West Bengal
Bhagwati, J.1. The petitioner challenges an order of detention made by the District Magistrate, 24-Paraganas-under subsection (1) read with sub-section (2) of Section 3 of the Maintenance of Internal Security Act, 1971. The order of detention made on 17th August, 1972 and pursuant to the order of detention the petition...
0[ds]It is now well settled by the decision of this Court in D. S. Roy v. State of West Bengal AIR 1972 S. C. 1924 that merely because the names of the associates of the detenu have not been specified in the grounds of detention, they cannot be said to suffer from the vice of vagueness. Jaganmohan Reddy, J., speaking o...
0
727
196
### 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: Bhagwati, J.1. The petitioner challenges an order of detention made by the District Magistrate, 24-Paraganas-under subsectio...
Chhedi Lal Yadav and Ors Vs. Hari Kishore Yadav (D) thr. L.Rs. and Ors
was moved after 16 years on 09.08.1999 and was allowed without notice to the Respondents. Eventually, the Additional Collector on 27.12.2000, allowed the restoration of the disputed land in favour of the Appellants.6. A Writ Petition filed by the Respondents was dismissed by the learned, Single Judge on 25.03.2004. A L...
0[ds]It is obvious from the periods of time mentioned above that even after the Act was passed in 1951, the Appellants filed a petition for restoration of the disputed land on 04.05.1975, i.e., after a period of about 24 years. Thereafter, when the appeal filed by them was dismissed on 23.08.1983, the Appellants applie...
0
1,456
363
### 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: was moved after 16 years on 09.08.1999 and was allowed without notice to the Respondents. Eventually, the A...
M/S. NANDHINI DELUXE Vs. M/S. KARNATAKA COOPERATIVE MILK PRODUCERS FEDERATION LTD. REP. BY ITS MANAGING DIRECTOR
Act and the Rules framed thereunder, it appears to us that registration of a trade mark cannot be held to be absolute, perpetual and invariable under all circumstances. Section 12 of the Trade Marks Act prohibits registration of identical or deceptively similar trade marks in respect of goods and description of goods w...
1[ds]3. Before we proceed further, it is pertinent to mention at this stage that the milk and milk products, which are sold by the respondent under the trade mark of NANDINI, fall under Class 29 and Class 30 as per classification under Schedule IV to the Trade Marks Rules, 2002. On the other hand, various kinds of food...
1
10,877
3,185
### Instruction: 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: Act and the Rules framed thereunder, it appears to us that registration of a trade mark cannot be held to be absolute, per...
P. Krishna Menon Vs. The Commissioner Of Income-Tax, Mysore, Travancore-Coch
properly be called the carrying on of a vocation by him. 11. Then the other point to be decided is, whether the payments made by Levy were income received by the appellant from his vocation of teaching Vedanta. A very large number of authorities, both Indian and English, have been pressed upon us in the course of the a...
0[ds]8. We find no difficulty in thinking that teaching is a vocation if not a profession. It is plainly so and it is not necessary to discuss the various meanings of the word vocation for the purpose or to cite authorities to support this view. Nor do we find any reason why, if teaching is a vocation, teaching of Veda...
0
3,036
704
### 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: properly be called the carrying on of a vocation by him. 11. Then the other point to be decided is, w...
Rikhu Dev, Chela Bawa Harjug Dass Vs. Som Dass (Deceased) Through His Chela Shiamdass
appellant was entitled to be in possession of the properties. As already stated the contention of the defendant was that though the properties belonged to the Dera, he was its lawfully appointed mahant and that the appellant had no right to recover possession of the property of the Dera. When Som Dass died, the interes...
1[ds]We do not think that the view of the High Court was correct. The suit was filed on the basis that the appellant as the lawfully appointed mahant was entitled to manage the properties of the Dera at Landeke, that the defendant was unlawfully claiming to be the mahant of the Dera and entitled to manage the propertie...
1
1,669
483
### 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: appellant was entitled to be in possession of the properties. As already stated the contention of the defendant was that t...
New India Assurance Co.Ltd Vs. Yadu Sambhaji More
to be an accident arising out of the use of a motor vehicle. Paragraph 4 of the judgment reads as under: "4. Shri G.L. Sanghi, the learned Counsel appearing for the petitioners, has urged that in the instant case, it cannot be said that the explosion and fire in the petrol tanker which occurred at about 7.15 A.M., i.e....
0[ds]15. We have examined the evidences of the OWs adduced before the Claims Tribunal, in particular the depositions of Shivaji Patil, the owner of the petrol tanker, who examined himself as OW1 and Dhondirama Mali, the driver of the ill-fated petrol tanker who was examined as OW2. We have also gone through the judgmen...
0
3,620
391
### 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 an accident arising out of the use of a motor vehicle. Paragraph 4 of the judgment reads as under: "4. Shri G.L. Sangh...
Charan Lal Sahu Vs. Nandkishore Bhatt & Ors
but is a creature of statute or special law and must be subject to the limitations imposed by it. In N. P. Ponnuswami v. Returning Officer, Namakkal Constituency l952 SCR 218 = (AIR 1952 SC 64 ) it was pointed out that strictly speaking, it is the sole right of the Legislature to examine and determine all matters relat...
0[ds]Presentation of the petition under the repealed S. 81, beyond the period prescribed for its presentation could be condoned by the Election Commission in its discretion under the proviso to the repealed S. 85 of the Act, but there is nothing in Section 85 which permits the Election Commission to condone the non-com...
0
2,150
769
### 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: but is a creature of statute or special law and must be subject to the limitations imposed by it. In N. P. ...
P. V. Raghava Reddi And Another Vs. Commissioner Of Income-Tax
years in question, and the appellant firm could be treated as an assessee for purposes of S. 42. What was contended was that the view of the Tribunal of S. 4 (1) is the right view of the law. Section 4 (1) prior to its amendment in 1950 by the Adaptation of Laws Order, 1950, read :"4. (1) . Subject to the provisions of...
0[ds]4. Under S. 42, all income, profits or gains accruing or arising, whether directly or indirectly, through or from any business connection in the taxable territories are deemed to be income accruing or arising within the taxable territories, and if the person entitled to the income, profits or gains is not resident...
0
2,527
747
### 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: years in question, and the appellant firm could be treated as an assessee for purposes of S. 42. What was contended was th...
Smt. Kalawati Vs. Bisheshwar
recognised as such bhumidhar and it would be she who would be entitled to the rights of compensation and rehabilitation grant under Chapters III and IV as an intermediary, the right to retain possession of the property and to evict a tenant therefrom. That is the simple position emerging from Sections 4, 18 and 23 (1) ...
1[ds]Leaving aside for the time being Clause (b) of Section 23 (1) there is otherwise nothing in the Act which provides that a transfer validly effected prior to July 1, 1952 shall be void and will have no effect. There is also nothing in the Act touching the consequence of such a transfer under the Transfer of Propert...
1
3,697
1,214
### 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: recognised as such bhumidhar and it would be she who would be entitled to the rights of compensation and rehabilitation gra...
MOHD. ASIF NASEER Vs. WEST WATCH COMPANY THROUGH ITS PROPERTIER
as required under Section 21 of the Rent Control Act, had been sent by the appellant (landlord) and received by the respondent (tenant), which is fully justified in law. Such finding of fact was duly affirmed by the Appellate Authority. In our view, such finding of fact (which was not merely a presumption of service ba...
1[ds]10. From the perusal of the judgment of the High Court, it is clear that the primary reason for allowing the Writ Petition was that there could be no presumption of service of notice as required under the Proviso to Section 21(1)(a) of the Rent Control Act. The finding of the fact with regard to comparative hardsh...
1
3,568
1,173
### 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 required under Section 21 of the Rent Control Act, had been sent by the appellant (landlord) and received by the respon...
R.C. Jal and Another Vs. Union of India
a fee and not a tax or duty and secondly, that the consignee was a non-resident and therefore the Ordinance not having extra-territorial operation could not reach him. 9. Counsel on behalf of the appellant contended that the, appellant was at the material time a resident of Indore and was therefore not bound by the rev...
0[ds]The validity of the Ordinance came up for consideration by this Court in R. C. fall v. Union of India([1962] Supp. 3 S.C.R. 436.). In that case suit was filed in the year 1953 at Chhindwara for recovery of coal cess on 3 consignments, of coal despatched from collieries in the then British India in the months of Ja...
0
2,177
774
### 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: a fee and not a tax or duty and secondly, that the consignee was a non-resident and therefore the Ordinance n...
Vyankates Dhonddeo Deshpande Vs. Sou. Kusum Dattatraya Kulkarni & Ors
manager of a joint Hindu family from becoming a borrower under s. 7. If the construction as suggested by the High Court is accepted it would put joint Hindu family at a disadvantage in borrowing loans under the Loans Act because the Karta of a joint Hindu family, if he has no separate property of his own, and if he can...
1[ds]In order to determine what property is available for partition, provision must first be made for joint family debts which are payable out of the joint family property, personal debts of the father not tainted with immorality, maintenance of dependent female members and of disqualified heirs, and for the marriage e...
1
9,213
4,619
### 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: manager of a joint Hindu family from becoming a borrower under s. 7. If the construction as suggested...
Rajiv Modi Vs. Sanjay Jain
be to trench upon the lawful power of the police to investigate into cognizable offences. It is also settled by a long course of decisions of this Court that for the purpose of exercising its power under Section 482 CrPC to quash an FIR or a complaint, the High Court would have to proceed entirely on the basis of the a...
1[ds]In this case, it is observed, that, the jurisdiction of the courts depended in civil cases on a "cause of action" giving rise to a civil liability, and in criminal cases on the commission of an offence, and on the provisions made in the two Codes of Procedure as to the venue of the trial and other relevantIn view ...
1
4,078
561
### 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: be to trench upon the lawful power of the police to investigate into cognizable offences. It is also settle...
Seth Badri Prasad And Others Vs. Seth Nagarmal And Others
formation was in contravention of sub-s. (2) of S. 4 of the Indian Companies Act. The lower court granted the decree asked for and this was affirmed in appeal by the High Court. The learned Judges referred to the decision in Sheppard v. Oxenford, (1855) 1 K and J 491 : 69 E R 552) and Butt v. Monteaux, (1854) 1 K and J...
1[ds]7. The case before us stands on a different footing.It is a claim by some members of an illegal association against another member on the footing that the association should be treated as legal in order to give rise to a liability to render accounts in respect of the transactions of the association. Such a claim i...
1
3,360
250
### 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: formation was in contravention of sub-s. (2) of S. 4 of the Indian Companies Act. The lower court granted the...
M/S. India Cine Agencies Vs. Commnr. Of Income Tax, Madras
respect of which the assessee claimed deduction was owned by it and was installed after March 31, 1976, in the assessees industrial undertaking for excavating, mining and processing mineral ore. Mineral ore is not excluded by the Eleventh Schedule. The only question is whether such business is one of manufacture or pro...
1[ds]The matter can yet be looked from another angle. If there was no manufacturing activity, then the question of referring to Item 10 of the Eleventh Schedule for the purpose of exclusion does not arise. The Eleventh Schedule, which was inserted by Finance (No.2) Act, 1977 w.e.f. 1.4.1978 has reference to Sections 32...
1
2,556
103
### 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: respect of which the assessee claimed deduction was owned by it and was installed after March 31, 1976, in t...
M/S. Clough Engineering Limited Vs. Oil & Natural Gas Corporation, A Company Incorporated Under The Companies Act
appointing the officer of the Court to investigate into the facts and get the factual report. This is how the Apex Court has followed its own procedure to deal with the contempt action. In the present matter the appellant is a multinational company and its officers may be either in this country or out of this country. ...
1[ds]9. On reading both these judgments it appears that the appeal would not lie. The emphasis is placed by the learned counsel Mr. Kamdar on the following quotation from the said judgment, namely,r an order declining to initiate proceedings for contempt, nor an order initiating proceedings for contempt nor an order dr...
1
6,516
3,149
### 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: appointing the officer of the Court to investigate into the facts and get the factual report. This is how the Apex Court h...
State of A.P Vs. S. Vishwanatha Raju and Ors
Ramaswamy, K. 1. Heard counsel for the parties. 2. Delay of 3 years and 178 days is condoned.3. Substitution allowed. Leave granted. 4. The only question that arises in these appeals is whether the lands of vendors and the vendees under agreements to sell, Ex.A-1 and Ex.A-4 dated October 20, 1970 and December 9, 1970 t...
1[ds]No revision was filed in the High Court and therefore, there is no S.L.P. The order thereby became final. The order impugned in this Court is of the individual declaring partner and orders against the other partners cannot be gone into for directing the inclusion of their land in the sale transactions as the respe...
1
779
361
### 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: Ramaswamy, K. 1. Heard counsel for the parties. 2. Delay of 3 years and 178 days is condoned.3. S...
Panchamal Narayan Shenoy Vs. Basthi Venkatesha Shenoy
satisfy the Court that he reasonably and bona fide requires the premises for the immediate purpose of demolishing it and the demolition is for the purpose of erecting a new building in the place of the old one. No doubt, as to whether the landlords requirement is reasonable and bona fide has to be judged by the surroun...
0[ds]8. Having due regard to the scheme of the Act, we are satisfied that the interpretation placed upon Section 21 (1) (j) by the High Court is correct.We have no hesitation in agreeing with the learned Judges observation that the landlord must prove the reasonableness and bona fide nature of his requirement. But, if ...
0
2,466
502
### 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: satisfy the Court that he reasonably and bona fide requires the premises for the immediate purpose of demolishing it and ...
State of Madras Vs. Kunnakudi Melamatam & Another
from the order of, the Deputy Commissioner, and under S. 62 of the Act, any party aggrieved by the order of the Commissioner might within ninety days of the order institute a suit in the Court against the order. Section 93 of the Act read :"No suit or other legal proceeding in respect of the administration or managemen...
1[ds]In view of our conclusions on other points, we think that it is not open to us to decide in this appeal whether the institution is a Math within the meaning of those Acts, and the point must be left open7. The suit, as it stands now, is a composite suit, claiming two different reliefs, namely, (1), an injunction r...
1
3,065
641
### 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: from the order of, the Deputy Commissioner, and under S. 62 of the Act, any party aggrieved by the or...
Tharoo Mal Vs. Puran Chand Pandey & Others
carried out by the Board. 5. As regards the first contention, we find it difficult to permit the appellant to advance it here for the first time. It is not found in his writ petition. It was not advanced in that form before the High Court. It is not even found in the special leave petition in this particular form. Howe...
0[ds]As regards the first contention, we find it difficult to permit the appellant to advance it here for the first time. It is not found in his writ petition. It was not advanced in that form before the High Court. It is not even found in the special leave petition in this particular form. However, even if we were to ...
0
3,077
1,292
### 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: carried out by the Board. 5. As regards the first contention, we find it difficult to permit the appe...
Asa Singh & Others Vs. State of Punjab
and in my defence I also caused some injuries to Hardev Singh, Sarwan Singh and Gurmit Singh." No evidence was produced in defence. 9. The learned Sessions Judge accepted the prosecution case regarding the infliction of injuries by the five accused. He was also of the view that the eye witnesses had attempted to suppre...
1[ds]We have been taken through the evidence on record and are of the view that the case against Asa Singh, Sewa Singh, Darshan Singh and Kehar Singhs has been fully proved. Swaran Singh (P.W. 3) Sohan Singh (P.W. 4), Surinder Singh (P. W. 5) and Surjeet Singh (P. W. 6) have deposed about the causing of the injuries by...
1
2,695
537
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: and in my defence I also caused some injuries to Hardev Singh, Sarwan Singh and Gurmit Singh." No evidence wa...
Shakuntala Modi (Ms.) Vs. Om Prakash Bharuka
1. The petitioner and the respondent were wife and husband, and got three children out of the wedlock. The marriage has been dissolved by a decree of divorce. The parties are now litigating for the custody of their children 2. By the present application the petitioner has prayed for transfer of a case instituted by the...
1[ds]5. Having regard to the nature of the dispute involved in the two cases, we are of the view that it is highly expedient that the cases are heard by the same court. On an earlier occasion the respondent made an application for transfer of the Dibrugarh case of Delhi, which was rejected by the Court. The Dibrugarh c...
1
537
212
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: 1. The petitioner and the respondent were wife and husband, and got three children out of the wedlock. The ...
State Of A.P Vs. M/S.A.P.Paper Mills Ltd
tax levied is not a tax on railway freight; it is a tax on turnover, that is, on the aggregate of sale price received by the dealer in respect of sale of goods. 15. Earliest decisions on this point is in the case of Dyer Meankin Breweries Ltd. vs. State of Kerala, 1970 (Vol.26) STC 248. In this case, the appellant-Comp...
1[ds]12. The finding of the Tribunal and the High Court that the transport and commission were charges incurred subsequent to the purchase of the hard wood and such charges do not represent the sale consideration is against the admitted fact on the side of the respondent who have clearly made the statement that the age...
1
3,875
443
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: tax levied is not a tax on railway freight; it is a tax on turnover, that is, on the aggregate of sale price...
Bibi Saddiqa Fatima Vs. Saiyed Mohammad Mahmood Hasan
acid tests, uniformally applicable inall situations, can be laid down; yet in weighing the probabilities and for gathering the relevant indicate, the courts are usually guided by these circumstances: (1) the source from which the purchase money came; (2) the nature and possession of the property, after t he purchase; (...
0[ds]In the instant case, there is no question of giving any alternative relief to the plaintiff. The relief asked for is one and the same. The plaintiff claimed that she had acquired the property with her personal funds. The defendant successfully combated this case. He had not said anything on the basis of which any ...
0
13,796
5,026
### 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: acid tests, uniformally applicable inall situations, can be laid down; yet in weighing the probab...
Zodiac Clothing Co. Ltd Vs. Apparel Export Promotion Council & Others
exports not less than 90% of the export entitlement shall be released in full. The DG, AEPC shall forfeit the EMD/BG in case of utilization is upto 75% in case of fast moving items and upto 50% in case of slow moving items, proportionate to the short fall in utilization. If utilization of export entitlement allocation ...
1[ds]17. We are, therefore, of the view that, despite the several rounds of litigation between the parties, the respondent(s) never ever informed the appellant about the ground for rejection of the Q.C. until the Second Appellate Committee stage when it was informed about one particular ground. As has been mentioned he...
1
1,370
178
### 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: exports not less than 90% of the export entitlement shall be released in full. The DG, AEPC shall forfeit t...
State of Jharkhand & Another Vs. Harihar Yadav & Others
State of Bihar, as it appears, tacitly acceded to the position as a result of which the employees remained at the mercy of JHALCO. At a later stage controversy cropped up, as noticed earlier, due to disagreement and difference between the two States and it was stated that a decision was taken to initiate the liquidatio...
1[ds]If the present factual matrix is tested on the anvil of the aforesaid principles, there can be no trace of doubt that both the States and the Corporations have conveniently ostracized the concept of model employer. It would not be wrong to say that they have done so with Pacific calmness, sans vision, shorn of res...
1
10,762
427
### 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: State of Bihar, as it appears, tacitly acceded to the position as a result of which the employees remained a...
Industrial Infrastructure Development Corporation(Gwalior) M.P. Ltd Vs. Commissioner of Income Tax, Gwalior
Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 14.03.2007 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Appeal(Income Tax) No.6 of 2005 whereby the Division Bench of the High Court allowed the appeal filed by the respondent and set aside the order passed by...
1[ds]21. In our considered opinion, the CIT had no express power of cancellation of the registration certificate once granted by him to the assessee under Section 12A till 01.10.2004. It is for the reasons that, first, there was no express provision in the Act vesting the CIT with the power to cancel the registration c...
1
883
830
### 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: Abhay Manohar Sapre, J.1. This appeal is directed against the final judgment and order dated 14.0...
VASHDEO R BHOJWANI Vs. ABHYUDAYA CO OPERATIVE BANK LTD
R.F. Nariman, J. 1. In the facts of the present case, at the relevant time, a default of Rs. 6.7 Crores was found as against the respondent No.2. The respondent No.2 had been declared a NPA by Abhyudaya Co- operative Bank Limited on 23.12.1999. Ultimately, a Recovery Certificate dated 24.12.2001 was issued for this amo...
1[ds]3. Having heard learned Counsel for both parties, we are of the view that this is a case covered by our recent judgment in B.K. Educational Services Private Limited vs. Parag Gupta and Associates, 2018 (14) Scale 482 , para 27 of which reads asIt is thus clear that since the Limitation Act is applicable to applic...
1
823
563
### 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: R.F. Nariman, J. 1. In the facts of the present case, at the relevant time, a default of Rs. 6.7 Crores was found...
Jaswant Singh and Others Etc Vs. Union of India and Others Etc
we are of the opinion that the petitioners are employees of the Central Government. Their conditions of service will be primarily governed by the terms of their appointment but, if they are entitled to the benefit of a ny of the rules of the Central Civil Services (Temporary Service) Rules 1965, they may make represent...
0[ds]The provisions of the Punjab Reorganisation Act afford in our opinion a clear answer to the question whetherthe petitioners are employees of the Centralprovisions leave no doubt that the petitioners, though appointed under orders issued by or on behalf of the Beas Control Board or the Beas Construction Board are e...
0
8,287
1,894
### 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: we are of the opinion that the petitioners are employees of the Central Government. Their conditions of ser...
Rattan Anmol Singh & Another Vs. Atma Ram & Others
between singing and the making of a mark as the Act itself does in the definition of sign. It is true the word subscribe is not defined but it is equally clear, when the Act is read as a whole along with the form in the second Schedule, that subscribe can only be used in the sense of making a signature and as the Act t...
1[ds]In our opinion, the crux of the matter lies there. We have to see from the Act itself whether sign and subscribe mean the same thing and whether they can be taken to include the placing of a mark. The majority decision of the Tribunal holds that sign and subscribe are not used in the same sense in the Act because ...
1
2,795
1,250
### 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: between singing and the making of a mark as the Act itself does in the definition of sign. It is true the word subscribe i...
THE STATE OF ODISHA Vs. DHIRENDRA SUNDAR DAS
Service Group ‘B? posts.7.17. To the contrary, some of them have participated in the proceedings of the D.P.C. convened on 30.04.2013 for recruitment to the newly created Orissa Revenue Service Group ‘B? cadre.After being considered, 6 of the contesting Respondents were selected, while 1 was kept on the Waiting List.Th...
1[ds]7.1. The contesting Respondents cannot claim an accrued or vested right for selection or promotion to OAS Class – II posts in the year 2008, merely on the basis of their names being forwarded by the respective Departmental Authorities.7.After considering the list prepared under Regulation 7 along with other docume...
1
5,254
1,131
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Service Group ‘B? posts.7.17. To the contrary, some of them have participated in the proceedings of the D.P....
Coastal Marine Construction & Engineering Limited & Another Vs. The Shipping Corporation of India & Others
of tenders because it is the realm of contract and as such the decision more often are made collectively by experts. It is also been held by catena of judgments that the Government must have freedom of contract. A fair play is necessary for an administrative body functioning in administrative spare. The Courts have als...
1[ds]14. True it is, normally the Courts will not interfere in the decision of the tender evaluation committee consisting of experts unless it is malafide or wholly perverse. It is also a settled position of law that in the matters relating to tenders if the decision relating to award of contract is bonafide and is in ...
1
3,634
1,247
### 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 tenders because it is the realm of contract and as such the decision more often are made collectively by...
Rami Manprasad Gordhandas & Others Vs. Gopichand Shersing Gupta & Others
not confer on the High Court any power of revision. Shri shroff rightly conceding that he was bound by this decision relied on it for the submission that we should send the case back to the High Court for considering whether there were cogent grounds for interference under Section 115, Code of Civil Procedure. In the r...
0[ds]4. Shri S. T. Desai has raised a preliminary objections to the competence of the appeal. According to him, on the date of the appellate judgment of the City Civil Court, the said judgment was neither open to further appeal nor was there any provision in the Act under which the High Court could be approached for re...
0
2,278
865
### 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: not confer on the High Court any power of revision. Shri shroff rightly conceding that he was bound by thi...