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Delta Distilleries Ltd Vs. United Spirits Limited
if necessary the same can be used. However, as observed by the learned Arbitrator in her order dated 27.3.2007, the documents sought in the present matter were required to arrive at the decision on the claim of the respondent no. 1, since, the quantification in support of the claim had been done by the respondent no. 1...
0[ds]As far as the first ground of challenge is concerned, as pointed out earlier, reliance was placed by the respondent no. 1 on the judgment of a Division Bench of Delhi High Court in Bhatia Tanning Industries (supra). Now, what had happened in this matter was that the respondent/industries were to supply certain mat...
0
5,976
596
### 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: if necessary the same can be used. However, as observed by the learned Arbitrator in her order dated 27.3.2...
Prakash Chandumal Khatri Vs. Suresh Pahilajrai Makhija
the Tribunal on the date of coming into operation of 1988 Act.7. Shri Agrawal invited our attention to the decision of single Judge reported in AIR 1986 Bombay 280 (Oriental Fire and General Insurance Co. Ltd., Goa v. Aleixo Fernandes) where it was held that the provisions of Section 92A of 1939 Act are retrospective i...
1[ds]The right to receive compensation on the principle of no fault liability and the corresponding liability accrues on the date of the accident and is not made dependent on the legislative changes that may take place during the pendency of the application seeking compensation. In our judgment, on the first principle,...
1
3,448
570
### 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 Tribunal on the date of coming into operation of 1988 Act.7. Shri Agrawal invited our attention to the decision of sing...
M/S. Pallava Granite Industries(I)P.Ltd Vs. Union Of India
above, G.O.No.1290 was a decision to grant a mining lease in favour of the appellants. Even assuming for the sake of the argument that G.O.No.1290 constituted a grant by itself still, as held in the above decisions, such a grant cannot fetter or hamper future executive action/decision to revoke the grant in public inte...
0[ds]34. At the outset, we are of the view that G.O.No.1290 is not in the nature of the grant as alleged. In this connection we may recapitulate that the 1973 Act stood enacted to consolidate and amend the law relating to the fixation of ceiling on agricultural holdings and taking over the surplus lands. The land in qu...
0
7,811
1,404
### 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: above, G.O.No.1290 was a decision to grant a mining lease in favour of the appellants. Even assuming fo...
Income-Tax Officer, Alleppey Vs. M.C. Ponnoose & Ors
is to be regulated ought, when introduced for the first time, to deal with future acts, and ought not to change the character of past transactions carried on upon the faith of the then existing law."The courts will not, therefore, ascribed retrospectively to new laws affecting rights unless by express words or necessar...
0[ds]6. It can hardly be said that the impugned notification promulgates any rule, regulation or bye-law all of which have a definite signification. The exercise of the power under sub-clause (ii) of Clause (44) of Section 2 of the Act is more of an executive than a legislative act. It becomes, therefore, all the more ...
0
1,948
707
### 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: is to be regulated ought, when introduced for the first time, to deal with future acts, and ought not to cha...
K.A. Annamma Vs. The Secretary, Cochin Co-operative Hospital Society Ltd
amending one by Act 1/2000 brought about any kind of inconsistency or repugnancy between the provisions of the KCS Act and the ID Act such as the one brought about by the second Amendment Act (2/2000) in Section 70 of Karnataka CS Act w.e.f. 20.06.2000 qua the ID Act and had such amended provisions of the KCS Act recei...
1[ds]19. By order dated 14.09.2015, theBench answered the questions referred in the case of Chirayinkeezhu Services Cooperative Bank Ltd. vs. Santosh, 2015(4) KLT 163(LB). However, there was a difference of opinion amongst the five Judges (3:2) on the questions referred.20. So far as the majority view of three Judges i...
1
10,143
2,577
### 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: amending one by Act 1/2000 brought about any kind of inconsistency or repugnancy between the provisions of t...
The War Profits Tax Commissioner Vs. M/S. Binodiram Balchand
Ordinance reads:"This Ordinance might be called the Gwalior War Profits Tax (Amendment) Ordinance Samvat 2004. 11. We do not consider it necessary to dilate on the point as we are clearly of the opinion that the Schedule was part of the Ordinance and has therefore to be read not as subordinate legislation under S. 50 b...
1[ds]The learned Judges of the High Court dealt only with the first of the above contentions, and having accepted it, considered it unnecessary to express any opinion on the other two12. The whole basis therefore of the reasoning upon which the learned Judges of the High Court proceeded falls to the ground and the only...
1
3,908
657
### 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: Ordinance reads:"This Ordinance might be called the Gwalior War Profits Tax (Amendment) Ordinance Samva...
Shiv Charan Singh Vs. Maharaj Kumar Sri Brijendra Pal
the trial on application filed by the appellants the High Court directed that the account books maintained by the respondent as well as the account books, cash book and the credit and cash vouchers of Karauli Auto Stores might be shown to the appellants counsel. In spite of that order the appellant or his counsel could...
0[ds]So far as this question is concerned, we find that the High Court has considered the evidence brought on record and has held on appraisement of that evidence that there was no cogent material to show that the respondent had incurred any expenditure over and above what had been shown in his return. After having bee...
0
2,533
720
### 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 trial on application filed by the appellants the High Court directed that the account books maintained by the responde...
C.I.T.,Ahmedabad Vs. Reliance Petroproducts Pvt.Ltd
element of mens rea was essential. It was only on the point of mens rea that the judgment in Dilip N. Shroff v. Joint Commissioner of Income Tax, Mumbai & Anr. was upset. In Union of India v. Dharamendra Textile Processors (cited supra), after quoting from Section 271 extensively and also considering Section 271(1)(c),...
1[ds]9. We are not concerned in the present case with the mens rea. However, we have to only see as to whether in this case, as a matter of fact, the assessee has given inaccurate particulars. InDictionary, the wordhas been definedaccurate, not exact or correct; not according to truth; erroneous; as an inaccurate state...
1
3,185
572
### 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: element of mens rea was essential. It was only on the point of mens rea that the judgment in Dilip N. Shro...
STATE OF ODISHA & ORS. ETC.ETC Vs. SULEKH CHANDRA PRADHAN ETC. ETC
the said Rules are not applicable. The said Rules would clearly show that they are applicable to Aided Educational Institution. Undisputedly, the institutions in which the applicants/teachers were appointed, were recognized as Aided M.E. Schools vide G.O. dated 12th September, 1980. It is also not in dispute that the a...
1[ds]27. Perusal of the Sub--rule (1) of Rule 5 of the said Rules would show that the Secretary of the Managing Committee or the Governing Body, as the case may be, of an Aided Educational Institution, is required to apply to the Selection Board on or before the thirty--first day of August every year with copy of each ...
1
5,839
1,670
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the said Rules are not applicable. The said Rules would clearly show that they are applicable to ...
Shreyans Industries Ltd Vs. Punjab State Electricity Board and Ors
1. Leave granted in Special Leave Petition (Civil) No. 29155 of 2011. All these appeals which were heard analogously are directed against the common judgment and order of the High Court of Punjab and Haryana at Chandigarh by which the LPAs filed against the dismissal of writ petitions filed by the Appellants have also ...
1[ds]3. Having read and considered the corrigendum we are of the view that the same has been misconstrued by the High Court inasmuch as the benefit thereunder was afforded only to are furnaces and the general category consumers like the Appellants were brought in within the framework of the surcharge for the first time...
1
766
545
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: 1. Leave granted in Special Leave Petition (Civil) No. 29155 of 2011. All these appeals which were heard analogously are d...
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED Vs. BISHAL JAISWAL & ANR
11337 : (2017) 4 KLJ 80 , the Kerala High Court held: 7. The inclusion of a debt in a balance sheet duly prepared and authenticated would amount to admission of a liability and therefore satisfies the requirement of law for a valid acknowledgement under Section 18 of the Act. We may recapitulate the words of Mr. Justic...
1[ds]A perusal of the above would show that considering that the Limitation Act applies only to courts, unless made statutorily applicable to tribunals, the Committee was of the view that such Act should be made to apply to the IBC as well, observing that though the IBC is not a debt recovery law, the trigger being def...
1
17,815
8,506
### 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: 11337 : (2017) 4 KLJ 80 , the Kerala High Court held: 7. The inclusion of a debt in a balance sheet duly prepared and aut...
SARV JAN KALYAN SEWA SAMITI Vs. UNION OF INDIA
the order of the National Green Tribunal dated 5 December 2018:“Since the proceedings are still pending before the National Green Tribunal, it is not necessary for this Court to entertain the civil appeal at this stage. The earlier order dated 30 October 2018 and the subsequent order dated 5 December 2018 (the latter i...
1[ds]9. At the outset, it is necessary to observe that the order of this Court dated 8 February 2019 indicates that the reason why the Court did not interfere, at that stage, with the order dated 5 December 2018 was because it was of an interlocutory nature. At the same time, this Court observed that any decision by th...
1
1,144
342
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the order of the National Green Tribunal dated 5 December 2018:“Since the proceedings are still pending bef...
SALEM MUNICIPALITY Vs. P. KUMAR & ORS
obtain any ryotwari patta or for obtaining decree in the suit.47. It was urged before us on behalf of the appellant that suit was barred by limitation by virtue of provisions contained in Article 58 of the Limitation Act 1963. The suit was required to be filed within three years. We need not go into the question. We ha...
0[ds]It is apparent from the lease deed placed on record by the plaintiff (Exh. A-2) dated 15.11.1940 that the land formed part of the Chinneri Tank Bund Side -Waste dry Chinneri Tank Bed Upper-dry Chinneri Tank Bund Side -Waste dry Chinneri Tank Bed Upper-dry and the lease was granted in Fasli 1350 corresponding to Gr...
0
7,427
3,125
### 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: obtain any ryotwari patta or for obtaining decree in the suit.47. It was urged before us on behalf of the appellan...
J.K. Lakshmi Cement Ltd Vs. Commercial Tax Officer, Pali
to the condition that the dealer making inter State sales in this notification would not be eligible to claim benefit of partial exemption under the notification dated 06.05.1986. The notification dated 12.03.1997 had remained in force upto 31st March, 1998. The circular dated 15.04.1994 in express words was not applic...
0[ds]In our considered opinion, the said doctrine would not be applicable and cannot be pressed into service. Usage or practice developed under a statute is indicative of the meaning prescribed to its words by contemporary opinion. In case of an ancient statute, doctrine of contemporanea exposition is applied as an adm...
0
5,417
383
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: to the condition that the dealer making inter State sales in this notification would not be eligible to claim...
J.P. Srivastava and Sons Pvt. Ltd. and Ors Vs. H.K. Srivastava through L.Rs. and Ors
file the petition. If it is so, then the shares held by the Trust cannot be taken into account for the purposes of the provisions of Section 399 and as such without passing any directions in pursuance to our conclusions at paragraphs 9 and 10, we dismiss this petition. However, since we ourselves feel that the correctn...
1[ds]17. In the first two paragraphs, the CLB referred to the facts of the petition and subsequent settlement arrived at regarding the sale of shares by the petitioner at a value to be determined by a valuer appointed by the CLB. It also referred to the appointment of M/s. Thakur Vaidyanathan IyerCompany, Chartered Acc...
1
4,948
2,010
### 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: file the petition. If it is so, then the shares held by the Trust cannot be taken into account for the purposes of the pro...
Daulat Ram Vs. State Of Punjab
defence version as if it required the standard of proof as that of a prosecution case. The High Court however avoided pursuing that course and confined itself to the prosecution case. If holes can be picked in the defence that doesnt lead to the prosecution story being automatically proved. The prosecution has to stand...
1[ds]13. Thus on the totality of circumstances we have come to entertain the doubt that neither of the two supposed eye-witnesses were present at the scene of the occurrence, nor have they witnessed the same. We have also entertained the doubt about the time of the occurrence and the manner in which the prosecution wou...
1
2,275
114
### 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: defence version as if it required the standard of proof as that of a prosecution case. The High Court howev...
M/s Liberty India Vs. Commissioner of Income Tax
adopted to reduce or inflate the profits of eligible business has got to be rejected in view of the overriding provisions of sub- section (5) of Section 80-IA, which are also required to be read into Section 80-IB. [see Section 80-IB(13)]. We may reiterate that Sections 80I, 80-IA and 80-IB have a common scheme and if ...
0[ds]18. Analysing the concept of remission of duty drawback and DEPB, we are satisfied that the remission of duty is on account of the statutory/policy provisions in the Customs Act/Scheme(s) framed by the Government of India. In the circumstances, we hold that profits derived by way of such incentives do not fall wit...
0
6,586
464
### 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: adopted to reduce or inflate the profits of eligible business has got to be rejected in view of the overrid...
State Of Punjab And Ors Vs. Bhai Ardaman Singh & Ors. Etc
unauthorised possession of lands. The Financial Commissioner confirmed the order of the Commissioner on the ground that substantial justice had been done by the subordinate revenue authorities, and no interference with the orders was called for. 2. Bhai Ardaman Singh then filed writ petitions in the High Court of Punja...
0[ds]4. We must point out that the proceedings of the Collector are judicial in character. The trial is summary, but the Collector is bound to exercise the jurisdiction vested in him not on a subjective satisfaction as the Commissioner assumed, but on a judicial determination of facts which invest him with jurisdiction...
0
1,264
386
### 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: unauthorised possession of lands. The Financial Commissioner confirmed the order of the Commissioner on the...
Ram Dhan Lal And Others Vs. Radhe Sham And Others
by the learned counsel for the applts. that such custom is unreasonable and should for that reason be held to be unenforceable in law.It cannot be denied that the appln. of the deep stream rule might work injustice in certain cases as the gain or loss of property is made to depend upon accidental and uncertain phenomen...
1[ds]8. As regards the first point, it seems to us that on the facts admitted and proved, it is impossible for us to take a view different from that taken by both the Cts. below. The meaning of the customDhar Dhurais that the deep stream or Channel of a river is to be regarded, irrespective of its changes, as the const...
1
3,454
929
### 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: by the learned counsel for the applts. that such custom is unreasonable and should for that reason be h...
National Insurance Company Ltd Vs. M/s. Hareshwar Enterprises (P) Ltd. & Ors
the fire incident. Even going by the contention put forth, it is noted that the loss caused by destruction of the plant and machinery in the fire incident is not much of an issue. The dispute raised insofar as the loss caused to the raw- materials/stock is by contending that the purchase of stock during the months of A...
1[ds]6. Having noted the contention, on the provision as contained, there is no ambiguity whatsoever. However, what is required to be taken note is that the provision indicates that the complaint is required to be filed within two years from the date on which the cause of action has arisen.7. In contradistinction, in t...
1
4,049
1,755
### 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 fire incident. Even going by the contention put forth, it is noted that the loss caused by destruction...
Sita Ram Jhunjhunawala Vs. Bombay Bullion Association Ltd. & Ors
one demand against the other, they need not go through the form and ceremony of handing the money backwards and forwards."We consider these observations apposite and hold that where, a payment was made by a cheque drawn on an account with the Bullion Exchange sub-branch and the amount represented by that cheque was tra...
0[ds]8. An analysis of theB would show that a member whose Clearance Sheet showed outstanding purchases had, on the Vaida day, to file his Clerance Sheet and to make a payment into the Clearing House of an amount sufficient to pay for all his outstanding purchases at the rate fixed by the Association. This payment had ...
0
7,080
2,139
### 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: one demand against the other, they need not go through the form and ceremony of handing the money backward...
Union Of India Vs. T. R. Varma
on that date, among them being Sri C. B. Tawakley. If, as stated by the respondent, he asked for permission to cross-examine witnesses, and that was refused, it is surprising that he should not have put the complaint in writing on the subsequent dates on which the enquiry was continued. To one of the witnesses, Sri P. ...
1[ds]It is well-settled that when an alternative and equally efficacious remedy is open to a litigant, he should be required to pursue that remedy and not invoke the special jurisdiction of the High Court to issue a prerogative writ. It is true that the existence of another remedy does not affect the jurisdiction of th...
1
3,312
1,219
### 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: on that date, among them being Sri C. B. Tawakley. If, as stated by the respondent, he asked for permission to cross-exami...
Gauri Shanker Vs. Union Of India
residential premises, he may with the earnings out of the business be in a position to arrange for some other accommodation for his residence with his family. When, however, a tenant is thrown out of the commercial premises his business which enables him to maintain himself and his family comes to a standstill. It is c...
0[ds]7. The scope and content of Article 14 of the Constitution of India, familiarly known as the equality clause, have been laid down in innumerable decisions of this Court. It is unnecessary to refer to all of them. Briefly stated the gravamen of the Article is equality of treatment. Article 14 forbids discrimination...
0
4,919
1,459
### 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: residential premises, he may with the earnings out of the business be in a position to arrange for some...
State of W.B Vs. Shyamapada Etc
of 20 times the annual income. For the rest of the danga lands the compensation was raised to Rs. 100/- an acre. The appeals are confined only to these two questions.4. Mr. B, Sen appearing on behalf of the State of West Bengal contended that it looked rather absurd that while sali land, which is considered to be the b...
0[ds]We may refer to the evidence of claimants witness No. 3 who gives the value of sabai grass at Rs. 4/8/as also the evidence of one of the claimants that the price of sabai grass varied from Rs. 5/to Rs. 5/8/in l951. The learned Judges of the High Court have accepted the price of one maund of sabai grass at Rs. 4/an...
0
1,461
464
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: of 20 times the annual income. For the rest of the danga lands the compensation was raised to Rs. 100/- an a...
State of Bihar Vs. Gulab Chand Prasad
1. We have heard Mr. Bhagat learned counsel for the appellant State, and Mr. Goburdhan, learned counsel for the respondent2. This is a peculiar case. The State of Bihar had issued an order described as Bihar Essential. Articles (Display of Prices and Stocks), Order, 1977 (hereinafter referred to as the order). It was p...
1[ds]4. It appears that the respondent moved the High Court for quashing the proceedings. It was alleged on his behalf that soda ash is not an essential commodity or an article in respect of which there is any statutory order compelling the dealer in the commodity either to display a list of prices or declare the stock...
1
901
454
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: 1. We have heard Mr. Bhagat learned counsel for the appellant State, and Mr. Goburdhan, learned counsel for the r...
MAGMA GENERAL INSURANCE CO. LTD Vs. NANU RAM ALIAS CHUHRU RAM
No. 2 -an unmarried sister, the High Court correctly considered them to be dependents of the deceased, and made a deduction of 1/3 rd towards personal expenses of the deceased.The judgment of the High Court is, therefore, affirmed on this count.9.3. With respect to the income of the deceased, as the family could not pr...
1[ds]Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased.The greatest agony for a parent is to lose their child during their lifetime. Children are ...
1
2,755
383
### 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: No. 2 -an unmarried sister, the High Court correctly considered them to be dependents of the deceased, and ...
State of Orissa Vs. M/s Steel Authority of India Ltd
stockpile is made, the same is fed into the primary crusher whereafter it goes to the secondary crusher mechanically. In between the secondary crusher and the screening Plant is affixed the Weighto- meter. From the secondary crusher the Limestone is moved into the screening Plant and from the screening Plant to the sto...
1[ds]7. Another Division Bench of the Orissa High Court in National Coal Development Corporation case (supra), while considering the question whether the coal extracted by the workmen for their own domestic consumption is exigible levy of royalty, accepting the contention of the Revenue, held that removal from the seam...
1
1,465
157
### 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: stockpile is made, the same is fed into the primary crusher whereafter it goes to the secondary crush...
M/S.Rashtriya Chemicals & Ferts. Ltd Vs. M/S.Chowgule Brothers
determination, yet it is equally true that the Arbitrators have no jurisdiction to make an award against the specific terms of the contract executed between the parties. Reference may be made, in this regard, to the decision of this Court in Steel Authority of India Ltd. v. J.C. Budharaja, Government and Mining Contrac...
1[ds]10. A careful reading of the above especially the Note appended to Clause 2.03 (supra) leaves no manner of doubt that the rate at which the contract was initially awarded was to remain firm throughout the period of one year from the date of the award of the contract. What is significant is that for the first year ...
1
3,900
1,278
### 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: determination, yet it is equally true that the Arbitrators have no jurisdiction to make an award against th...
Ponnaiyah Ramajayam Institute of Medical Sciences Vs. Union of India & Another
pointing out the deficiencies, grant to the college concerned sufficient time to report compliance.(D) If compliance is reported and the applicant states that the deficiencies stand removed, MCI must cause compliance verification. It is possible that such compliance could be accepted even without actual physical verifi...
1[ds]20. As thein the inspectionsby the MCI on29/30.12.2015, 10.3.2016 and 28/29.12.2016 would reveal several deficiencies including those in faculty, residents,, bed occupancy etc. had been detected. Whereas as per the said reports, the deficiency in faculty had fluctuated from 22.72% to 46.15%, in residents, it range...
1
4,732
639
### 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: pointing out the deficiencies, grant to the college concerned sufficient time to report compliance.(D) If com...
T. R. Sharma Vs. Prithvi Singh & Anr. Etc
it be otherwise provided in these Rules, a Government servant on substantive appoint appointment to any permanent post acquires a lien on that post and cases to hold any lien previously acquired on any other post. E,3.14. (a) A competent authority shall suspend the lien of a Government servant on a permanent. post whic...
1[ds]After hearing the learned counsel for the parties, we are of the opinion that there is considerable merit in the contention of Mr.of the above rule shows that normally a Government servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired ...
1
2,183
708
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: it be otherwise provided in these Rules, a Government servant on substantive appoint appointment to any perm...
Chowdarapu Raghunandan Vs. State Of Tamil Nadu
situation law Courts should be able to protect the individual from the administrative ipse dixit. The draconian concept of law has had its departure quite some time back and rule of law is the order of the day. It is this rule of law which should prompt the law Courts to act in a manner fair and reasonable having due r...
1[ds]In representation to the Commissioner, it was pointed out that he was Managing Director of Padmaja Infotech limited, a public limited company, having office at Hyderabad, Andhra Pradesh and that he had gone to Singapore regarding his companys business. He only purchased some toys and clothes for his children. As h...
1
2,702
856
### 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: situation law Courts should be able to protect the individual from the administrative ipse dixit. The d...
SARVEPALLI RAMAIAH (D) TR.LRS Vs. DISTRICT COLLECTOR CHITTOOR DIST.
Section 2-A of the Inams Abolition Act. These lands are not available for grant of ryotwari patta to any individual under the Act. Since the village is an Inam village, the then Inams Deputy Tahsildar, Collector’s Office, Chittoor has declared entire land measuring acres 113.67 ½ as “Tank Poramboke” and brought under S...
0[ds]8. Tiruchanur village in Tirupati Rural Mandal, Chittoor District is a minor Inam village and therefore, it attracts the provisions of the Andhra Pradesh Inams (Abolition & Conversion into Ryotwari) Act, 1956 (Inams Abolition Act). The entire land measuring acres 113.67 ½ comprised in Survey No.234 of Tiruchanur v...
0
2,169
1,111
### 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: Section 2-A of the Inams Abolition Act. These lands are not available for grant of ryotwari patta to any individual under ...
F. N. Roy Vs. Collector Of Customs, Calcutta
effect of making the order of confiscation passed in this case invalid. All that the petitioner is concerned with is to show that the order of confiscation was bad. The present argument does not touch that point and therefore it is not necessary to consider it at all. Another similar argument was that S.167, item (8) o...
0[ds]6. This argument is based on the contention that a portion of S.3 (2) of the Act of 1947 offends Art.14 and has therefore to be deleted. This contention is wrong. By its own force no part of S.3 (2) purports to give any discretion to the customs-authorities at all. There is nothing in it therefore to offend Art.Th...
0
3,337
1,245
### 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: effect of making the order of confiscation passed in this case invalid. All that the petitioner i...
State Of Gujarat Vs. Shri Shantilal Mangaldas & Ors
may make a declaration to that effect and the provisions of the Land Acquisition Act, 1894, as modified by the Schedule apply.We are not concerned in this case with any such notification issued by the Government, nor has it any relevance to the question in issue.56. One more contention which was apparently not raised o...
1[ds]It is settled law that clauses (1) and (2) under the amended Article guarantee different rights to owners of property. Clause (1) operates as a protection against deprivation of property save by authority of law, which , it is beyond question, must be a valid law, i.e., it must be within the legislative competence...
1
15,700
3,478
### 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: may make a declaration to that effect and the provisions of the Land Acquisition Act, 1894, as modified by t...
Wg. Cdr. Ashwini Kumar Handa (Retd.) Vs. Union of India & Others
incorporated, which would be enforceable in law. These are:(i) Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd., 2003(2) R.C.R.(Civil) 554 : (2003) 5 SCC 705 "(1) Terms of the contract are required to be taken into consideration before arriving at the conclusion whether the party claiming damages is entitled to the...
0[ds]9. We may observe at the outset that the judgments in Oil & Natural Gas Corporation Ltd. and Subir Ghosh would not be applicable in the instant case as in those judgments provisions of the Indian Contract Act pertaining to damages/liquidated damages were dealt with. On the other hand, in the instant case we are co...
0
2,817
636
### 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: incorporated, which would be enforceable in law. These are:(i) Oil & Natural Gas Corporation Ltd. v. Saw Pipes Ltd...
Princ.Secr.,Govt.Of Karnataka Vs. Ragini Narayan
which requires that any alteration of the deed or amendment therein would require concurrence of Donor Trustee and that of the State Government.16. Though on behalf of the appellants and the Respondent no.2, it is contended that the State Government had not given any approval to the amendment relied upon on behalf of t...
0[ds]19. There is concurrent finding of fact of the courts below that Ragini Narayan was the wife of B.S. Narayan Donor Trustee, at the time of his death, as such it cannot be said that mode of succession mentioned in para (IV)(i) failed. Whether it is amendment of 1978 or 1995 the expression "or hisis there. In our op...
0
4,149
248
### 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: which requires that any alteration of the deed or amendment therein would require concurrence of Donor Trus...
M/s. Rattan Lal & Company & Another Vs. Assessing Authority Patiala & Another
whether to ask for a refund or not.This hardly can be said to create a discrimination.14. Lastly, it is contended that there is a delegated legislation in that the maximum has been provided without indication of the circumstances under which the tax is to be levied. This, it is said, creates unguided delegation to admi...
0[ds]In our opinion, therefore, the present provisions of the Act are quite clear and are quite sufficient to make the amended Act accord with the Central Act. The arguments noted in the earlier case of this Court do not therefore arise.It will thus be seen that the present Act does not suffer from any of the defects f...
0
5,686
910
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: whether to ask for a refund or not.This hardly can be said to create a discrimination.14. Lastly, it is con...
Chetkar Jha Vs. Viswanath Prasad Verma & Ors
for confirmation before the meeting of July 3, 1963, were not only not in accord with that decision but through mistake or inadvertence had recorded something quite different.This was found out when the minutes were placed before the meeting for confirmation. They were, therefore, corrected by scoring out the incorrect...
0[ds]The Chancellor, therefore, could not, on a wrong interpretation of the Statute, hold that the revised advertisement was a modification of that Statute, that it was, therefore, invalid, and that, therefore, he had the jurisdiction to nullify the Syndicates resolution of July 3, 1963 under Section 9 (4) of the Act. ...
0
4,983
1,571
### 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: for confirmation before the meeting of July 3, 1963, were not only not in accord with that decision but through mistake o...
Shah Ashu Jaiwant Vs. State Of Maharashtra
for which the. Til seeds were kept was quite immaterial.5. It is true that mens rea in the ordinary or usual sense of this term is not required for proving an offence defined by Section 7 of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as the Act). It is enough if an article of adultered food i...
1[ds]We have considered the question whether it actually corroborates or contradicts the Food Inspectors account. It seems to us that there is such vagueness and apparent contradiction in the pictures conveyed by Tambe and the Food Inspector that Tambes testimony tends to demolish more than to corroborate the version o...
1
2,270
805
### 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: for which the. Til seeds were kept was quite immaterial.5. It is true that mens rea in the ordinary or usual ...
Unitech Ltd. Vs. Union Of India
the apparent effective consideration and the market value is more than 15%, the Appropriate Authority cannot assume jurisdiction under section 269-UD of the Act. The same does not mean that the mere fact that such difference is more than 15% will, automatically, lead to the conclusion that there has been undervaluation...
1[ds]It is not possible to agree with this view in its entirety. Undoubtedly one of the objects of the provision is to prevent evasion of taxes by showing an undervaluation which is more than 15% of the true value of the property and which in turn carries an implication that some portion of the value is not shown in th...
1
4,785
317
### 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 apparent effective consideration and the market value is more than 15%, the Appropriate Authority cannot...
BALKRISHNA DATTATRAYA GALANDE Vs. BALKRISHNA RAMBHAROSE GUPTA
out by the trial court, the first respondent-plaintiff admitted that for running the business of hotel and Pan shop, two licences are required. In his evidence, the first respondent- plaintiff admitted that he was not holding any licence issued by the Pune Municipal Corporation for carrying on business. The trial court...
1[ds]As observed by the trial court, the first respondent-plaintiff has not brought on record any document to show that the court has passed any order permitting him to carry repairs after the date of inspection by the Commissioner and having regard to the condition of the building, it was impossible for the first resp...
1
2,869
1,497
### 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: out by the trial court, the first respondent-plaintiff admitted that for running the business of hotel and P...
M/s. Hind Paints & Chemicals Vs. M/s. Accurate Transformers Ltd
1. Leave granted. 2. In a Winding Up proceeding, it was alleged that the respondent company was required to pay an amount of Rs.3,17,352/- to the appellant. It appears that on being provisionally appointed the Official Liquidator went to the premises of the respondent-company to take possession thereof. Thereafter, the...
1[ds]Having heard learned counsel for the respective parties, we are of the view that the Division Bench committed an error in withdrawing the liberty which had been granted by the learned Company Judge, to approach the civil court, having particular regard to the provisions of Section 4 of the aforesaid Act of 1993.
1
282
61
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: 1. Leave granted. 2. In a Winding Up proceeding, it was alleged that the respondent company was required to pay a...
Vinod Solanki Vs. Union Of India
controvert the statements made by appellant in his application filed on 28.10.1994 before the learned Chief Metropolitan Magistrate. Furthermore, the Tribunal as also the Authorities misdirected themselves in law insofar as they failed to pose unto themselves a correct question. The Tribunal proceeded on the basis that...
1[ds]A person accused of commission of an offence is not expected to prove to the hilt that confession had been obtained from him by any inducement, threat or promise by a person in authority. The burden is on the prosecution to show that the confession is voluntary in nature and not obtained as an outcome of threat, e...
1
7,288
932
### 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: controvert the statements made by appellant in his application filed on 28.10.1994 before the learned C...
Sriniwas Ramnath Khatod Vs. State Of Maharashtra
appear that the above observations support the Appellant. If that were so then this question would have had to be referred to a larger bench as such a finding would be against the clear wording of Section 6, which admits of no ambiguity. 11. However, in our view, in Eugenio Misquitas (supra) this Court is not holding t...
0[ds]11. However, in our view, in Eugenio Misquitas (supra) this Court is not holding that declaration under Section 6 is not within time provided it is published at a later date. This question has been left open. This is clear from the observations in para 17 which read as follows: "However, the view taken in the judg...
0
3,131
1,162
### 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: appear that the above observations support the Appellant. If that were so then this question would have had to be referred...
Municipal Council Gondia Vs. Divi Works & Suppliers, HUF & Ors
dated 07.02.2020 to the Municipal Council and consequent to which it is entitled to the payments as per the terms of the work order. 3. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the Municipal Council has preferred the present appeal. 4. The present appeal was hear...
1[ds]8. At the outset, it is required to be noted that by the impugned judgment and order the High Court has issued a writ of mandamus virtually granting the relief of specific performance of the contract/work order. From the impugned judgment and order passed by the High Court it appears that the High Court was made t...
1
1,671
461
### 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: dated 07.02.2020 to the Municipal Council and consequent to which it is entitled to the payments as per the terms of the w...
K. A. Natarajan Etc Vs. M. Naina Mohd. & Ors. Etc
Hidayatullah, CJ. 1. These are petitions for special leave against tile orders of the Division Bench of the High Court of Madras by which the High Court has ordered that the permits granted by the Regional Transport Authority will operate and not those which the State Transport Appellate Tribunal in appeal granted. 2. ...
0[ds]3. In these petitions for special leave which are ex facie against the orders made in interlocutory proceedings, the attempt is to get the permits restored to B. It is claimed that this involves a question of jurisdiction and that question is whether the High Court could recognise A the grantee of the Regional Tra...
0
548
263
### 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: Hidayatullah, CJ. 1. These are petitions for special leave against tile orders of the Division Bench of the H...
M/S.Meghal Homes Pvt. Ltd Vs. Shree Niwas Girni K.K. Samiti
and sale. As we read Section 392 of the Act, it only gives power to the Court to make such modifications in the compromise or arrangement as it may consider necessary for the proper working of the compromise or arrangement. This is only a power that enables the court to provide for proper working of compromise or arran...
1[ds]When a Company is ordered to be wound up, the assets of it, are put in possession of the Official Liquidator. The assets become custodia legis. The follow up, in the absence of a revival of the Company, is the realization of the assets of the company by the Official Liquidator and distribution of the proceeds to t...
1
10,616
433
### 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: and sale. As we read Section 392 of the Act, it only gives power to the Court to make such modifications in the compromise...
Union of India & Others Vs. Ramesh Gandhi
take the view that the institution or continuance of criminal proceedings against an accused person may amount to the abuse of the process of the court or that the quashing of the impugned proceedings would secure the ends of justice. If the criminal proceeding in question is in respect of an offence alleged to have be...
1[ds]But, in our opinion, the entire enquiry proceeded on a wrong premise that no examination, as to how a judgment of a superior Court came into existence, is permissible in the system of law which we follow.22. This Court on more than one occasion held that fraud vitiates everything including judicial acts. In S.P. C...
1
11,767
2,258
### 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: take the view that the institution or continuance of criminal proceedings against an accused person may amou...
Executive Committee of Meerut College, Meerut and Others Vs. Vice Chancellor, Meerut University, Meerut and Another
room for doubt that he is disqualified from being chosen as a member of the Management of the Meerut College, because his brother receives remuneration for the work done by him as a Lecturer in the Law Department of the College.Shri S.N. Kacker, who appears on behalf of the appellants, relies on the Proviso to section ...
0[ds]We do not also see any substance in the appellants submission that section 39 of the Act is prospective in its operation in the sense that if a person was a teacher prior to the date when the Act came into force, his relative will not be disqualified even if he is elected after the coming into force of the Act. Wh...
0
1,925
409
### 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: room for doubt that he is disqualified from being chosen as a member of the Management of the Meerut College, because his b...
M/S.Indseam Services Ltd Vs. Bimal Kumar Kejriwal (Huf)
Section 420 IPC and the Magistrate passed the order in view of such direction it will not be proper for the High Court to hold otherwise. The relevant portion of the order reads as follows : "It appears that the learned Magistrate took cognizace of the offence under Sections 420/120B of the Indian Penal Code and issued...
1[ds]7. On perusal of the order under challenge it is clear that the learned Single Judge disposed of the revision petition filed by the appellant for setting aside the cognizance order and for quashing the criminal proceeding without entering into the merits of thethe order under challenge it is manifest that the lear...
1
1,582
372
### 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: Section 420 IPC and the Magistrate passed the order in view of such direction it will not be proper for the High C...
Dharangadhra Chemical Works Ltd. and Ors Vs. Union of India (UOI) and Ors
1. Special leave granted in SLPs. 2. These appeals raise a common question of law and hence they are disposed of by this order. 3. The appellant-Company manufactures Trichloroethylene as the end product at its factory situate in Sahupuram (Tamil Nadu). In the process of manufacture of the said product Acetylene gas eme...
1[ds]Unfortunately, this contention of the assessee was not examined by the Central Government as well as the CEGAT in these two cases. This Court has in a recent judgment in Moti Laminates Pvt. Ltd. and Ors. v. Collector of Central Excise, Ahmedabad 1995ECR1(SC) clearly held that goods although covered by a Tariff Ite...
1
446
188
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: 1. Special leave granted in SLPs. 2. These appeals raise a common question of law and hence they are dispo...
Commissioner of Income Tax, Lucknow Vs. Madho Pd. Jatia
the Act makes provision for computation of income from property on a notional basis. According to this section, the income shall be taken to be the bona fide annual value of the property. In making the computation, certain allowances which are mentioned in section 9 would have to be deducted. In case the property in qu...
0[ds]We land no cogent reason as to why the assessee should become disentitled to claim the benefit of the above exemption in respect of the balance of the irrecoverable rent in subsequent years subject to the condition that in no year the deduction would exceed the amount of rent payable: for a year. the assessee, it ...
0
2,241
409
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: the Act makes provision for computation of income from property on a notional basis. According to this secti...
New India Assurance Company Ltd Vs. Shanti Pathak
Dr. Arijit Pasayat, J. Civil Appeal Nos.2926-2927 of 2007 (Arising out of SLP (C.) Nos.20101-02 OF 2005) 1. Leave granted. 2. Challenge in this appeals is to the legality of the judgment rendered by a Division Bench of Uttranchal High Court dismissing the appeal filed before it under Section 173 of the Motor Vehicles A...
1[ds]7. Considering the income that was taken, the foundation for working out the compensation cannot be faulted. The monthly contribution was fixed at Rs.3,500/-. In the normal course we would have remitted the matter to the High Court for consideration on the materials placed before it. But considering the fact that ...
1
731
327
### 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: Dr. Arijit Pasayat, J. Civil Appeal Nos.2926-2927 of 2007 (Arising out of SLP (C.) Nos.20101-02 O...
ZONAL MANAGER, BANK OF INDIA, ZONAL OFFICE, KOCHI Vs. AARYA K. BABU
which was issued for filling up the post of Lecturer in Chemistry could not have been filled up by a person belonging to the subject of Industrial Chemistry when the same having been specifically not mentioned in the advertisement that a Masters degree¬holder in the said subject would also be suitable for being conside...
1[ds]13. Though we have taken note of the said contention we are unable to accept the same. We are of such opinion in view of the well-established position that it is not for the Court to read into or assume and thereby include certain qualifications which have not been included in the Notification by the employer. Fur...
1
3,624
1,104
### 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: which was issued for filling up the post of Lecturer in Chemistry could not have been filled up by a person belonging to th...
Rajkumar Devindra Singh & Anr Vs. State Of Punjab & Others
with what is unauthorised occupation of public premises. That section says: "For purpose of this Act, a person shall be deemed to be in unauthorised occupation of any public premises: "(a) where he has whether before or after the commencement of this Act, entered into possession thereof otherwise than under and in purs...
1[ds]A person shall be deemed to be in unauthorised occupation of public premises for purposes of S. 3 (a) where he has, before or after the commencement of the Act, entered into possession thereof, otherwise than under and in pursuance of any allotment, lease or grant.The word thereof makes it clear that the person mu...
1
2,124
337
### 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: with what is unauthorised occupation of public premises. That section says: "For purpose of this Act, a person shall be de...
Har Pyari Devi Vs. Ghansham Singh
Krishna Iyer, J. The facts in this case are simple and the law simpler. The decision by the Full Bench (Ghansham Singh v. Smt. Har Piarey, AIR 1974 All 229 : 1974 All LJ 452 : ILR (1974) 2 All 31) is unassailable.2. Briefly the facts are that one Parvati Devi had obtained a decree as owner of a shop for eviction of Khu...
0[ds]Thus this finding about the genuineness of the Will has become final and the claim of the respondent asis unassailable at the instance of the appellant. Thereafter apparently to circumvent the effect of the adjudication in favour of the respondent, an interpleader suit was brought by another tenant Shambhu Prasad ...
0
433
234
### 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: Krishna Iyer, J. The facts in this case are simple and the law simpler. The decision by the Full Bench (Gh...
James Anderson Vs. The Commissioner Of Income-Tax,Bombay
who owned the assets before the distribution and who alone can be liable to tax under the section. If, therefore, the correct interpretation of the third proviso is distribution of capital assets in specie, the proviso does not serve any purpose. Therefore, Mr. Palkhivala has argued that the expression "distribution of...
0[ds]4. The question whether the levy of capital gains under S. 12B is ultra vires no longer survives by reason of the decision of this Court in Navinchandra Mafatlal v. Commissioner of Income-tax 1954-26 ITR 758 : 1955 SCR 829: ( (S) AIR 1955 SC 58 ). This question was not therefore pressed before us. The question u...
0
3,725
928
### 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: who owned the assets before the distribution and who alone can be liable to tax under the section. If, therefore, ...
Lazarus D'Souza Vs. National Small Scale Industries Co-Operation Limited & Others
application filed or in the certificate issued by the respondent no.1, as the liability of the petitioner/guarantor would arise only on failure to recover the amount from the borrower. This position is further made clear from the terms of the personal guaranty purported to have been executed by the petitioner in favour...
1[ds]The proviso to2(a) lays down that where the Collector is of the opinion that it is necessary so to do for safeguarding the recovery of the sum due to the State Government, Corporation, Government Company or Bank, as the case may be, he may, for reasons to be recorded direct proceedings to be taken for the recovery...
1
3,969
927
### 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: application filed or in the certificate issued by the respondent no.1, as the liability of the pe...
Dasari Siva Prasad Reddy Vs. Public Prosecutor, High Court Of A.P
view of the clarification given by PW9 himself. Therefore, we shall assume that the murder had taken place on the night of 19th April or in the early hours of 20th April. 21. In drawing an inference that the accused must have been in the house on the crucial night, the High Court mainly relied on the evidence of PW4 an...
1[ds]There is no reason to think that the police would not have examined him immediately if he was the person who had seen the deceased last in the company of the accused on the night of 19th April, 1996. Moreover, PW4 came forward with an improbable version that he observed the quarrel from his house which is separate...
1
3,621
676
### 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: view of the clarification given by PW9 himself. Therefore, we shall assume that the murder had taken place o...
The Agricultural Produce Marketing Committee Bangalore Vs. The State of Karnataka & Ors
can be granted. Non-deposit of compensation (in court) does not result in the lapse of land acquisition proceedings. In case of non-deposit with respect to the majority of holdings for five years or more, compensation under the 2013 Act has to be paid to the landowners as on the date of notification for land acquisitio...
1[ds]Despite the fact that a number of issues/grounds were raised before the High Court on the legality and validity of the acquisition proceedings, the learned Single Judge decided only one issue, namely, whether the acquisition proceedings have lapsed by virtue of the 2013 Act. Whereas a number of issues/grounds were...
1
6,909
2,201
### 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: can be granted. Non-deposit of compensation (in court) does not result in the lapse of land acqui...
Ernakulam Mills Limited Vs. State of Kerala
the Government to reconvey the land acquired by it to the appellant.5. To begin with reliance was placed on Ext. P-1 which is the starting point of the correspondence between the appellant and the Government. This document is a letter dated January 13, 1947 and appears at p. 5 of the printed Paper Book. The relevant pa...
0[ds]Having gone through the various letters placed before us by the learned for the appellant, we are unable to hold that these letters make out a case of any agreement or a promise on the part of the Government to reconvey the land acquired by it to the appellant.5. To begin with reliance was placed on Ext.which is t...
0
1,688
1,102
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the Government to reconvey the land acquired by it to the appellant.5. To begin with reliance was place...
Chandrasingh Manibhai & Others Vs. Surjit Lal Ladhamal Chhabda & Others
Act, 1882.(3) No decree for eviction shall be passed in any such suit if, at the hearing of the suit, the tenant pays or tenders in Court the standard rent or permitted increases then due together with the costs of the suit.Explanation -In any case where there is a dispute as to the amount of standard rent or permitted...
1[ds]We are also not impressed with the argument of the learned counsel for the applts. that the H. C. wrongly reversed the finding of the trial Judge on the point that the resps. committed breaches of the terms of the lease. We should not however be taken to concur in all the reasons given by the H. C. for reversing t...
1
2,307
702
### 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: Act, 1882.(3) No decree for eviction shall be passed in any such suit if, at the hearing of the suit, the tenant pays or ...
Village Panchayat Calangute Vs. Additional Director Of Panchayat Ii
is a body corporate. If so it can sue or be sued. In that position Panchayat cannot be denuded of the right to move under Art. 226 of the Constitution when any of its legal right is infringed by the authorities including the Government.” 23. In High Court of M.P. v. Mahesh Prakash and others (1995) 1 SCC 203 , this Cou...
1[ds]20. In this case, the appellant had entertained the complaint made by local residents, revoked occupancy certificate and also cancelled the permission granted to the company for raising construction. The resolution cancelling the permission was recalled apparently because the rules of natural justice had not been ...
1
7,523
621
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: is a body corporate. If so it can sue or be sued. In that position Panchayat cannot be denuded of the right to mo...
Pathumma & Others Vs. State of Kerala & Others
that the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of India in spite of differences of circumstances and conditions. As has been said by the Supreme Court of America, equal protection of...
0[ds]It was contended that the main object of the Act appears to give relief only to those debtors who had filed suits for recovery of debts after 14th July, 1958. But the Act travels beyond the domain of the statement of objects and reasons by giving a blanket power to the Court to set aside the sales which have been ...
0
12,188
4,034
### 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: that the guarantee against the denial of equal protection of the laws does not mean that identically the same rules of law ...
Javid Rasool Bhat and Others Etc Vs. State of Jammu and Kashmir and Others
test. It appears to us to be a perfectly reasonable procedure. Even otherwise it is always open to a Selection Committee to insist on taking into consideration marks obtained at the examination held by it only and excluding from consideration marks obtained examinations held by other bodies. We are unable to see anythi...
0[ds]We do not think that the case is of any assistance to the petitioners. It was a ca se where one of the persons, who sat as member of the Selection Board, was himself one of the persons to be considered for selection. He participated in the deliberations of the Selection Board when the clams of his rivals were cons...
0
6,030
468
### 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: test. It appears to us to be a perfectly reasonable procedure. Even otherwise it is always open to a Select...
M/S DHARMARATNAKARA RAI BAHADUR ARCOT NARAINSWAMY MUDALIAR CHATTRAM & OTHER CHARITIES & ORS Vs. M/S BHASKAR RAJU & BROTHERS & ORS
of the Stamp Act. 21. Therefore, when a lease deed or any other instrument is relied upon as contending the arbitration agreement, the court should con- sider at the outset, whether an objection in that behalf is raised or not, whether the doc- ument is properly stamped. If it comes to the conclusion that it is not pro...
1[ds]18. Admittedly, both the lease deeds are neither registered nor sufficiently stamped as required under the Karnataka Stamp Act, 1957. Admittedly, the Registrar (Judicial) of the High Court of Karnataka had submitted a report to the High Court pointing out, that the document of 1997 executed/entered into between th...
1
4,263
1,118
### 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: of the Stamp Act. 21. Therefore, when a lease deed or any other instrument is relied upon as contending the arbitration agr...
SADANAND PUTHRAN Vs. UNITED INDIA INSURANCE CO. LTD
dated 4.4.2013 seeking pension on the basis of the 1995 Scheme, resting his case on the aforesaid judgment. There was no response to this representation, resulting in the appellant filing a writ petition before the Bombay High Court. The Division Bench of the Bombay High Court, in terms of the impugned judgment dated 0...
0[ds]12. A reading of the aforesaid clause shows that there is a specific exclusion of an employee in whose case the twin conditions of havingbefore the commencement of the Pension Rules and drawing of pension under the Staff Regulations is satisfied.Thus, the definition ofenvisages two eventualities – first a person w...
0
7,017
2,142
### 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: dated 4.4.2013 seeking pension on the basis of the 1995 Scheme, resting his case on the aforesaid judgment....
M/S. Medley Minerals India Ltd Vs. State Of Orissa
Rule 9. It is also clear that even at that time the application for transfer of the quarry lease was pending with the State Government. The State Governments order was made on 5th February 2003 and the transfer deed was executed on 7th February, 2003. The transfer of lease was only for the unexpired period i.e. from 7....
1[ds]We are unable to accept thehe learned counsel for the 4th respondent that theof the State Governmentwas vitiated by malafides. It is trite that plea of malafides has to be specific and demonstrable. Not only this, but the person against whom the malafides are alleged must be made a party to the proceedings and giv...
1
2,820
654
### 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: Rule 9. It is also clear that even at that time the application for transfer of the quarry lease was pendi...
State Of Maharashtra Vs. Priya Sharan Maharaj
important and material.These three girls levelled allegations against the applicant No. 2 Kripaluji Maharaj after the lapse of considerable time i.e. after months and years and, therefore, the probability as depicted by the defence that it was at the instance of Nityanand, cannot be overruled. It needs mention that no ...
1[ds]8. The law on the subject is now well-settled, as pointed out in Niranjan Singh Punjabi v. Jitendra Bhimaraj Bijja, JT 1990(3) SC 408 : 1990(4) SCC 76, that at Sections 227 and 228 stage the Court is required to evaluate the material and documents on record with a view to finding out if the facts emerging therefro...
1
3,384
875
### 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: important and material.These three girls levelled allegations against the applicant No. 2 Kripalu...
Tamil Nadu Vs. P.Krishnamurthy
which are referred to in section 4A as grounds for premature termination. When the Act requires a hearing for termination on such grounds, it is inconceivable that the delegate will be permitted to exercise the power of termination on such grounds without a hearing. 21. If a rule is partly valid and partly invalid, the...
1[ds]12. There is a presumption in favour of constitutionality or validity of a sub-ordinate Legislation and the burden is upon him who attacks it to show that it iscourt considering the validity of a sub-ordinate Legislation, will have to consider the nature, object and scheme of the enabling Act, and also the area ov...
1
8,427
1,499
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: which are referred to in section 4A as grounds for premature termination. When the Act requires a hearing for termination on...
Commissioner of Income Tax, Kerala Vs. Thayaballi Mulla Jeevaji Kapasi (Decd.) (By His Legal Representatives)
clear from his reports, made inquiries on March 18, 1954, and March 25, 1954, about the presence of the respondent in Calicut. The process-server was informed on the first occasion that the respondent was in Bombay and that it was expected that he would return to Calicut within a week. On the second occasion also it wa...
1[ds]The notice was, it appears, handed over to a person who, thebelieved, was the son of the respondent. But the service of that notice was defective, and the notice was cancelled. The second notice dated March 24, 1954, was affixed on a conspicuous part of the business premises of the respondent and themade the requi...
1
3,153
611
### 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: clear from his reports, made inquiries on March 18, 1954, and March 25, 1954, about the presence of the respondent...
M/S.Sharma & Associates Contractors (P)Ltd Vs. Progressive Constructions Ltd
1967 SC 1032 : (1967) 1 SCR 324 ] to the effect that the court had no jurisdiction to investigate into the merits of the case or to examine the documentary and oral evidence in the record for the purposes of finding out whether or not the arbitrator has committed an error of law. The court as a matter of fact, cannot s...
0[ds]7. It is not in dispute that insofar as contract between NHPC and HSCL is concerned, which is the main contract, it permits sub-contracting of the work by HSCL with the consent of NHPC. It is on that basis sub-contract was signed between HSCL and the respondent. This contract is back to back as Clauses 1.2 and 9 t...
0
4,413
806
### 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: 1967 SC 1032 : (1967) 1 SCR 324 ] to the effect that the court had no jurisdiction to investigate into the ...
Meenakshi Mills, Madurai Vs. The Commissioner Of Income-Tax,Madras
and not of income not accrued or arisen.This is conceded by the appellant. But it is argued that different considerations arise in the case of companies registered under the Indian Companies Act, because there are provisions in the Act as to how the profits are to be disposed of, such as distribution of dividends or ad...
0[ds]25. Applying these principles, admittedly there is no question here of construction of any statutory provision or document of title. The issues which arise for determination whether the sales entered in the books of the appellant in the names of the intermediaries were genuine and if not, to whom the goods were so...
0
16,087
898
### 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: and not of income not accrued or arisen.This is conceded by the appellant. But it is argued that different considerations a...
DEVENDER BHASKAR & ORS Vs. STATE OF HARYANA & ORS
is the eligibility in any stream. No merit determination and no age bar. 3. Reservation policy applicable. No reservation policy. 4. Limited seats i.e. 30 students consists of one unit. No limited seats. 5. Internal assessment of 160 marks. No internal assessment. 6. Regular practical classes in lab such as: - a) Wood ...
1[ds]13. As noticed above, the advertisement dated 20.07.2006 was issued by the Commission inviting applications for filling up of 816 posts of Arts and Crafts teachers in the State of Haryana. One of the important eligibility criteria was a two-year diploma in Art and Craft Examination conducted by the Haryana Industr...
1
3,659
1,040
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: is the eligibility in any stream. No merit determination and no age bar. 3. Reservation policy applicable. No res...
B. M. Ramaswamy Vs. B. M. Krishnamurthy And Others
included in the electoral roll of the Mysore legislative Assembly before the date prescribed for filing of nomination papers. But it is said that the Electoral Registration Officer did not follow the procedure prescribed in that behalf. The provisions relevant to the question raised may be read conveniently at this sta...
1[ds]9. It is not disputed that an application was filed before the registration officer for the inclusion of the appellants name in the electoral roll; it is also common case that the electoral registration officer did not follow the procedure prescribed in r.26 relating to the posting of the application in a conspicu...
1
2,372
686
### 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: included in the electoral roll of the Mysore legislative Assembly before the date prescribed for filing of nomination pape...
Mansukhlal Vithaldas Chauhan Vs. State Of Gujarat
away by the High Court. 33. The High Court put the Secretary in a piquant situation. While the Act gave him the discretion to sanction or not to sanction the prosecution of the appellant, the judgment gave him no choice except to sanction the prosecution as any other decision would have exposed him to an action in cont...
1[ds]On a consideration of the whole matter, we are of the positive opinion that the sanctioning authority, in the instant case, was left with no choice except to sanction the prosecution and in passing the order of sanction, it acted mechanically in obedience to the mandamus issued by the High Court by putting the sig...
1
5,793
589
### 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: away by the High Court. 33. The High Court put the Secretary in a piquant situation. While the Act gave him...
Akhilesh Yadav Vs. Vishwanath Chaturvedi
for the Writ Petitioner, Vishwanath Chaturvedi, Mr. K.T.S. Tulsi, learned Senior Advocate, submitted that every order in which a mistake may be noticed does not automatically call for a review and that the power of review could be invoked only in circumstances as contained in Order 47 Rule 1 of the Code of Civil Proced...
0[ds]7. Mr. Rakesh Dwivedi, learned Senior Advocate, appearing for the Review Petitioners, Shri Akhilesh Yadav and Smt. Dimple Yadav did not press the first proposition, since, as indicated hereinbefore, the said question had been settled by the Constitution Bench.In addition to the above petitions, we had also conside...
0
5,141
622
### 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 the Writ Petitioner, Vishwanath Chaturvedi, Mr. K.T.S. Tulsi, learned Senior Advocate, submitted that ...
Manganese Ore India Ltd Vs. State of M.P. & Others
into a new commodity commercially known as a distinct and separate commodity having its own character, use and name whether it be the result of one process or several processes, manufacture takes place; the transformation of the goods into a new and different article should be such that in the commercial world it is kn...
1[ds]18. Mining would comprehend every activity by which the mineral is extracted or obtained from earth irrespective of whether such activity is carried on at the surface or in the bowel, but it must be an activity for winning a mineral. For the purpose of Item 3 `mine to which electrical energy is sold, supplied or c...
1
7,941
695
### 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: into a new commodity commercially known as a distinct and separate commodity having its own character, use and name wheth...
Guruvamma Vs. State of Karnataka & Others
1. Leave granted.2. The appellants husband late Annegowda had participated in an auction held on 5th /6th May, 1999 for lease of retail vend of arrack for the Excise Year 1999-2000 in respect of Mandya Taluk and Pandavanapura Taluk. He was the successful bidder. His bid was provisionally accepted and he deposited one m...
1[ds]5. The matter lies within a short compass. In view of the partial relief granted to the appellant by the Division Bench of the High Court, the issue with regard to forfeiture of the earnest money alone would require consideration. Under Rule 16 of the 1969 Rules, the person whose tender, offer or bid is confirmed ...
1
826
332
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: 1. Leave granted.2. The appellants husband late Annegowda had participated in an auction held on 5th /6th Ma...
Bhajan Lal Vs. State of Punjab and Others
in kind, or give proof of having paid it or of the fact that he is not liable to pay the whole or part of the rent, or of the fact of the landlords refusal to receive the same or to give a receipt, within the period specified in the notice.Section 18 of the Act, insofar as it is relevant provides"(1) Notwithstanding an...
0[ds]We do not think that the expression "Notwithstanding anything to the contrary contained in any law, usage or contract" whittles down the right of the tenant at the date when he makes a claim to purchase the land merely because the tenancy is liable to be terminated in a proceeding then pending for an order in ejec...
0
2,078
686
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: in kind, or give proof of having paid it or of the fact that he is not liable to pay the whole or part of th...
National Co. Ltd. Calcutta Vs. Deputy Director Of Tax Credit (Exports)Calcutta & Ors
Government may, by notification in the Official Gazette, add to, amend, vary or rescind, any scheme made under this section." 3. It was in exercise of the power conferred on the Central Government under section 280ZE read with section 280ZC that the Central Government made the Tax Credit Certificate (Exports) Scheme, 1...
1[ds]This contention, though it found favour with the single judge of the Calcutta High Court who heard the writ petition in the first instance, is in our opinion wholly without force and cannot be sustained. A mere look at the scheme of the provisions of sections 280ZC and 280ZE is sufficient to expose the invalidity ...
1
2,694
707
### 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: Government may, by notification in the Official Gazette, add to, amend, vary or rescind, any scheme mad...
Competent Authority Vs. Barangore Jute Factory
land in the favour of the Central Government. 9. 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]5. So far as the question whether the impugned Notification meets the requirement of S.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 or i...
0
4,975
2,320
### 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: land in the favour of the Central Government. 9. The aspect of possession of land having been taken by ...
Government Of A.P. Vs. P. Laxmi Devi
to the political processes and reasonably uninhibited freedom to argue and discuss (limited only by imminently impending danger to the state itself) is in fact an integral part of, although antecedent to, the formal legislative processes of democracy. Hence to uphold the restrictions on freedom of thought and communica...
1[ds]17. In our opinion, a registering officer under the Registration Act (in this case the Sub-Registrar) is certainly a person who is in charge of a public office. Section 33(3) applies only when there is some doubt whether a person holds a public office or not. In our opinion, there can be no doubt that a Sub-Regist...
1
13,114
2,315
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: to the political processes and reasonably uninhibited freedom to argue and discuss (limited only by imminent...
Deutsche Bank Vs. S.P. Kala and Another
than the company under liquidation. In fact, the judgment of the Mysore High Court in G. S. Setty and Sons v. Yellamma Cotton, Woollen and silk Mills Co. [1970] 40 Comp Cas 10 shows that, relying upon the observations in the judgment of the Madras High Court in the case of Purushottam and Co. v. Subhodhaya Publications...
0[ds]( 5 ) IT is not necessary for us to consider the larger question whether, in each and every suit where in addition to the company there are other defendants, such a suit can be entertained or disposed of by the company court. In the instant case, it is not in dispute that the company is the principal debtor becaus...
0
3,335
1,428
### 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: than the company under liquidation. In fact, the judgment of the Mysore High Court in G. S. Setty and...
Parmeshwar Das Agarwal & Others Vs. The Additional Director (Investigation) Serious Fraud Investigation Office, Ministry of Corporate Affairs, Government of India Regional Office & Another
Commission or based on its recommendations. However, by its very title, the investigation under section 212 by the SFIO ought to be on the basis of the opinion of the Central Government that it is necessary to investigate into the affairs of the company by SFIO. That opinion has to be based on the report of the Registr...
1[ds]The public at large is not concerned with its affairs, much less internal management. The petitioners have pointed out as to how there is a large family involving about three brothers. These three brothers, in turn, have formed separate groups comprising of their families, There are two units one at Raigarh in Cha...
1
13,637
4,232
### 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: Commission or based on its recommendations. However, by its very title, the investigation under section 212 by the SFIO oug...
Bishan Das And Others Vs. The State Of Punjab And Others
hold property has been violated in the most arbitrary manner which is destructive of the basic principles of the rule of law guaranteed by the Constitution.13. On behalf of the respondents an affidavit has been made by the Sub-Divisional Officer, Barnala, in which it has been stated inter alia that "the property is tru...
1[ds]a person who bona fide puts up constructions on land belonging to others with their permission would not be a trespasser, nor would the buildings so constructed vest in the owner of the land by the application of the maxim quicquid plantatur solo, solo cedit. It is, therefore, impossible to hold that in respect of...
1
3,663
790
### 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: hold property has been violated in the most arbitrary manner which is destructive of the basic principles o...
M/S. S.E. GRAPHITES PRIVATE LIMITED Vs. STATE OF TELANGANA
decision of the Division Bench of the High Court in Ankamma Trading Company (supra). Thus, it cannot be considered as a binding precedent. We are not impressed by this submission. Indeed, the decision of this Court in M/s. Innovatives Systems (supra), is a brief judgment. That, however, would make no difference. For, i...
1[ds]8. These provisions have been interpreted by the Division Bench of the High Court in the case of Ankamma Trading Company (supra). We are essentially concerned with the second proviso of Section 19 and Section 31 of the respective enactment; and first proviso of Section 21(2) and Section 33(2) of the respective ena...
1
4,104
4,405
### 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: decision of the Division Bench of the High Court in Ankamma Trading Company (supra). Thus, it cannot be con...
S.C. SINGH Vs. STATE OF UTTARAKHAND
age of 65 years, when he would retire. The High Court observed that the Government of Uttar Pradesh agreed to bear the expenses to be incurred in respect of the post of Director, CDC. However, the University did not obtain reimbursement from the State Government for the expenses incurred. Ruling that the University cou...
0[ds]12. There is no merit in this contention. The clause deals with the appointment of the Coordinator/Director/Dean of the CDC. When the clause is read as a whole, the word he is used to indicate the pay scale and the tenure of the Coordinator/Director/Dean of the CDC. The sentence on deputationists is merely to prov...
0
1,658
205
### 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: age of 65 years, when he would retire. The High Court observed that the Government of Uttar Pradesh agreed to bear the exp...
HORI LAL Vs. THE STATE OF UTTAR PRADESH REVENUE DEPARTMENT PRINCIPAL SECRETARY
herein was the writ petitioner whereas the respondents herein were the respondents in the writ petition filed before the High Court out of which this appeal arises. 5. In exercise of the powers conferred under Section 4 (1) of the Land Acquisition Act, 1894 (for short called ?the Act 1894?), the State of UP (respondent...
1[ds]17. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal.As mentioned above, the High Court held that in the light of the stand taken by the State contending in their counter that the appropriate date for determining the market value of the appe...
1
1,227
410
### 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: herein was the writ petitioner whereas the respondents herein were the respondents in the writ petition filed before the H...
STAR INDIA PRIVATE LIMITED Vs. DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION
of coming into of the revised Tariff Scheme at least before two months in advance and the same shall be posted on its website.” 62. At this juncture, it is of a little importance to compare and contrast Section 2(dd) of the Copyright Act with “broadcasting services” as defined in the impugned Regulation and Tariff Orde...
0[ds]30. We are of the view that the provisions of the TRAI Act have to be viewed in the light of protection of the interests of both service providers and consumers. This being so, it is clear that no constricted meaning can be given to the provisions of this Act. It is important to remember that under Section 11(1)(a...
0
29,487
2,212
### 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: of coming into of the revised Tariff Scheme at least before two months in advance and the same sh...
BHARAT BHUSHAN GUPTA Vs. PRATAP NARAIN VERMA & ANR
1 in any manner whatsoever. The said decision related with a suit for rendition of accounts, which is one of the species of the suits envisaged by clause (iv) of Section 7 of the Court Fees Act. Even in that context, this Court, inter alia, observed that the plaintiffs assessment in such a plaint about the amount due t...
1[ds]7. Having given thoughtful consideration to the rival submissions and having examined the material placed on record with reference to the law applicable, we are clearly of the view that the impugned order dated 18.03.2019, as passed by the High Court with reference to the statement made by the plaintiff in his cro...
1
6,891
2,688
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: 1 in any manner whatsoever. The said decision related with a suit for rendition of accounts, which is one of...
MURALI ALIAS DHANANJAYAN Vs. STATE OF KERALA
INDU MALHOTRA, J. 1. The present Civil Appeal pertains to an area of 30.1 Ares of land comprising of 28.89 Ares of wet land and 1.21 Ares of dry land situated in Survey No. 166/5-5 in Cherthala North Village, Kerala owned by the Appellant, which was acquired vide Notification issued under Section 4(1) of the Land Acqui...
1[ds]13. From a perusal of the records, we find that the Reference Court had awarded an amount of Rs. 8,500 per Are for the lands owned by the father and brother of the Appellant under the same Notification. The land owned by all three parties is comprised in the same Survey No. 166.14. The Reference Petitions in all t...
1
1,122
208
### 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: INDU MALHOTRA, J. 1. The present Civil Appeal pertains to an area of 30.1 Ares of land comprising of 28.89 Ares of wet land...
Pappu & Others Vs. Vinod Kumar Lamba & Another
to the provisions of Sections 165 and 168 of the Act. However, in the event, having regard to the limited scope of inquiry in the proceedings before the Tribunal it has not been able to do so, the insurance company may initiate a separate action therefor against the owner or the driver of the vehicle or both, as the ca...
1[ds]12. In the present case, the Tribunal has accepted the claim of the appellants. It has, however, absolved the respondent No.2 Insurance Company from any liability for just reasons. The High Court has also affirmed that view. It rightly held that there can be no presumption that Joginder Singh was driving the offen...
1
4,125
281
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to the provisions of Sections 165 and 168 of the Act. However, in the event, having regard to the limit...
Vithal Somnath Kore Vs. State Of Maharashtra & Others
deceased was also running towards them and naturally the distance would have been shortened so that the witnesses could have contacted the deceased in no time. 5. We fully agree with the High Court that there was no good reason to distrust the evidence of P. Ws. 2 and 6. We have perused their evidence and we think they...
0[ds]5. We fully agree with the High Court that there was no good reason to distrust the evidence of P. Ws. 2 and 6. We have perused their evidence and we think they have deposed in a straightforward manner and their evidence contains a ring of truth. Thus the evidence of these witnesses is sufficient to convict the ap...
0
2,194
433
### 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: deceased was also running towards them and naturally the distance would have been shortened so that the witn...
State of U.P Vs. Chunni Lal & Ors
dissatisfied with the impugned judgment and order dated 16.07.2014 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Writ Petition No.1181(S/B) of 1996, the State of U.P. has preferred the present appeal. 2. The selection process for 35 posts of Deputy Collector was initiated by the U.P. Public Ser...
1[ds]Even otherwise on merits also, we are of the opinion that the impugned judgment and order passed by the High Court is unsustainable. The High Court ought not to have or could not have passed an order directing the State to appoint two persons to the single post of Deputy Collector, more particularly, when on the p...
1
1,088
342
### 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: dissatisfied with the impugned judgment and order dated 16.07.2014 passed by the High Court of Judicatu...
P. Dinakaran Vs. Janak Raj Chopra & Others
Registrar, NCDRC, New Delhi 110 001.It is made clear that the period of four weeks would not be extended on any count and in case of any default the stay of the order of the State Commission would be vacated. " 4. In the order impugned before us which was passed on 10-7-2002 it is recorded by the National Commission th...
0[ds]11. Finally, no explanation is forthcoming even today as to why the undertaking given on oath before the National Commission was not complied with by the appellant. The National Commission was, therefore, perfectly justified in rejecting the appellants application.We have scrutinised the order of the District Foru...
0
1,355
222
### 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: Registrar, NCDRC, New Delhi 110 001.It is made clear that the period of four weeks would not be extended on any count and ...
Glodyne Technoserve Limited Vs. State Of M.P
General submitted that the order of the High Court impugned in the present appeal did not suffer from any infirmity which required any interference by this Court. 29. The submissions made by the learned Attorney General were reiterated by Mr. Paras Kuhad, appearing for the Respondent No.4, HCL Construction Ltd, which w...
0[ds]32. Having considered the submissions made on behalf of the respective parties, we are inclined to accept the submissions made by the Attorney General that the introduction of the Corrigendum completely changed the provision in the Bidders Response Form relating to submission of the Quality Certificate in the form...
0
5,265
338
### 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: General submitted that the order of the High Court impugned in the present appeal did not suffer from a...
State Of Orissa Vs. Babajli Charan Mohanty
there would have been considerable time gap between the point of hearing the cries of her husband and the point of time when she could gain access to the scene of occurrence. By that time, in all probability, the attack would have been over. The assailants would not have leisurely carried out the attack, especially in ...
0[ds]17. The above facts and circumstances would give rise to a reasonable doubt whether the incident had taken place in the manner narrated byAdded to this, the conduct ofin implicating all the family members imputing them certain overt acts which were found to be unbelievable by the trial Court would cast a serious d...
0
4,558
747
### 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: there would have been considerable time gap between the point of hearing the cries of her husband and the poi...
State Of Karnataka And Another Vs. M. Farida And Others
each head depends, in our opinion, upon the rule regulating the examination. In periakaruppans case it was held that the intention of the Government was that each of the specified qualities should carry equal marks. In these appeals we have not been called upon to decide whether the rule concerned in Periakaruppans cas...
1[ds]We do not however think that it would be correct to assume as a general proposition that in e very case where the interviewing body is asked to take into consideration several specified qualities, they must be of equal value and separate marks should be allotted under each head; on the contrary, in our opinion, wh...
1
2,575
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: each head depends, in our opinion, upon the rule regulating the examination. In periakaruppans case it was ...
SAJAN SETHI Vs. RAJAN SETHI
be constructed on this second-floor landing which opens directly to the back portion of the second-floor of the suit property falling to the share of the respondent-plaintiff. 15. The appeal is accordingly disposed of in terms of the aforesaid directions, leaving the parties to bear their own costs. 6. We have heard Sr...
0[ds]9. It is true that the suit filed by the respondent -plaintiff is only for partition and permanent injunction with regard to second floor portion of the house and the terrace rights, but it is the appellant- defendant who has raised the dispute with regard to common areas in the suit property in terms of paragraph...
0
2,111
737
### 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 constructed on this second-floor landing which opens directly to the back portion of the second-floor of...