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Harbanslal Jagmohandas & Anr Vs. Prabhudas Shivlal
was dated 1 December, 1956. The tenant by reply dated 7 December, 1956 contended that the contractual rent was excessive. The tenant made an application on 5 January 1957 for fixation of standard rent under section 11(1) of the Act. While the application was pending the landlord filed the suit on 27 January, 1957 for e...
1[ds]The view of the Bombay High Court overlooks the limitation of time within which a dispute is to be raised as to standard rent. The view of the Bombay High Court is that disputing within one month of the service of the notice terminating the tenancy is one mode of raising a dispute and the re is another mode of rai...
1
3,923
204
### 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: was dated 1 December, 1956. The tenant by reply dated 7 December, 1956 contended that the contractual rent was excessive. T...
Bhagwan Dass Vs. Kamal Abrol
the place at which the person is residing in law. The latter form of residence may or may not be the actual residence or the place where the person actually stays or reside. A person holding property or land in a particular place or city or having some ancestral roots to the city may be a resident of that particular pl...
1[ds]9. The court has further said in paragraph 13 that it is plain in the context of clause (ii) of Section 19 of the Act, that the word resides meant actual place of residence and not a legal or constructive residence. It clearly does not indicate the place of origin.10. The advertisement inviting the applications ha...
1
3,312
1,833
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the place at which the person is residing in law. The latter form of residence may or may not be the actual reside...
Sharon Michael Vs. State Of Tamil Nadu
the appellant would contend that the dispute between the parties having arisen out of a contract qua contract, the complaint petition was not maintainable. 8. Mr. V. Kanagaraj, learned senior counsel appearing on behalf of Respondent No.2, on the other hand, submitted that the complaint petition had to be filed only be...
1[ds]Indisputably Respondent No.2 is the producer of the garments. The buyer is a German Company. Rightly or wrongly, the buyer refused to accept the goods, inter alia, on the premise that the same were defective and sub-standard. We will assume that the appellant company was assured payment for such supplies. Even if ...
1
3,568
396
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the appellant would contend that the dispute between the parties having arisen out of a contract qua contract, the complaint...
M/S. Raj Shipping & Another Vs. The State of Maharashtra, Through The Government Pleader & Others
it necessary to answer the larger questions or enter into wider debate. Therefore, we would not pursue the line of reasoning in the Karnataka High Court judgment to consider whether the conclusions reached by the said High Court are to be agreed with or otherwise. We leave such questions as are posed by the Karnataka H...
1[ds]59. Therefore, in the present case,can only be said to have occurred in the transactions of the Petitioners, when the Petitioners transports the goods to customers location, delivers the required quantity of motor spirit, after weighing of the same by customer. That takes place in the territorial waters, which are...
1
24,144
3,584
### 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: it necessary to answer the larger questions or enter into wider debate. Therefore, we would not pursue the line of reasoning...
Ambica Construction Vs. Union of India (UOI)
1. The only issue that arises for consideration before this Court is, whether the claimant, i.e., the Appellant before this Court - M/s. Ambica Construction, could have been awarded interest pendente lite by the arbitrator. The arbitrator by bis award dated 28.06.1999, besides awarding a sum of Rs. 9,20,694/- to the cl...
1[ds]A perusal of the conclusions drawn by this Court in the above judgment, rendered by a three Judge Division Bench, leaves no room for any doubt, that the bar to award interest on the amounts payable under the contract, would not be sufficient to deny payment of pendente lite interest. In the above view of the matte...
1
1,010
115
### 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. The only issue that arises for consideration before this Court is, whether the claimant, i.e., the Appellant b...
Sindhi Education Society Vs. Chief Secretary,Govt.Of Nct Of Delhi&Ors
right of equality enshrined in the provisions of the Constitution. The power is vested in the State to frame regulations, with an object to ensure better organization and development of school education and matters incidental thereto. Such power must operate within its limitation while ensuring that it does not, in any...
1[ds]41. Applying the above test, we have to consider the word "reservation" in the context of Article 16(4) and it is in that context that Article 335 of the Constitution which provides for relaxation of the standards of evaluation has to be seen. We have to go by what the Constitution-framers intended originally and ...
1
28,107
595
### 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: right of equality enshrined in the provisions of the Constitution. The power is vested in the State to frame regulations, w...
Binny Ltd Vs. Their Workmen
Government to extend the period of eight months in accordance with the provisions contained therein. Section 34 provides that the Act except as otherwise provided in the section, shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in the terms of a...
1[ds]13. We are not inclined to accept the contentions of Mr. Puri. We have already referred to the findings of the Tribunal to the effect that the amount that was paid by the appellant as bonus at the end of each half-year was on the basis of the profits earned by it. The Tribunal has rejected the claim of the unions ...
1
3,361
2,288
### 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 to extend the period of eight months in accordance with the provisions contained therein. Se...
INDERJIT SINGH SODHI AND OTHERS Vs. THE CHAIRMAN, PUNJAB STATE ELECTRICITY BOARD AND ANOTHER
deemed to have been appointed by direct recruitment. This legal fiction is limited. It is applicable only to those employees who have been promoted in conformity with the provisions contained in Clause 4. Thus, the employees who had passed both Parts (A) and (B) of the AMIE examination and were promoted against 9% post...
0[ds]16. We do not find any merit in the argument raised by Mr. Patwalia. The claim of the appellants was based upon the First Circular for 9/16 years time bound promotion scale though the appellants have referred to the Second Circular in para 18 of the writ petition. The Second Circular was not even annexed with the ...
0
5,186
1,595
### 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: deemed to have been appointed by direct recruitment. This legal fiction is limited. It is applicable only to...
POSTMAN VENGAISAMY AND OTHERS Vs. STATE REPRESENTED BY INSPECTOR OF POLICE AND OTHERS
the evidence of such witnesses, their statements cannot be relied upon. Reliance is placed upon the judgments in Ram Laxman vs. State of Rajasthan, (2016) 12 SCC 389 to contend that the statements of Irulandi (PW-1) and Ramar (PW-2) cannot be split to grant benefit to some co-accused while maintaining conviction of oth...
0[ds]8. We have heard learned counsel for the parties and find no merit in the present appeal.9. Irulandi (PW-1) has deposed that, on April 26, 2003, he along with his father Chinnaperiaiyah and Ramar (PW-2) were on their way to Anaikulam, when they were surrounded by accused persons who were led by Thalaiyaripandi (A-...
0
2,340
817
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the evidence of such witnesses, their statements cannot be relied upon. Reliance is placed upon the judgments in ...
Mangulal Chunilal Vs. Manilal Maganlal & Anr
of anything done or omitted to be done by them, respectively, in their official capacity;(h) with the approval of the Standing Committee, admit or compromise any claim, suit or legal proceeding brought against the Corporation or against the Commissioner or a municipal officer or servant, in respect of anything done or ...
0[ds]7. It is not disputed that S. 69 enable the Commissioner to delegate powers, duties or functions conferred or imposed upon him or vested in him to a municipalis not disputed that under sub-cls (b), (c), (d), (f), (g) (h) and (i) of S. 481 (1), the various actions contemplated in these sub-clauses would have to be ...
0
2,468
441
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: of anything done or omitted to be done by them, respectively, in their official capacity;(h) with the approval of the Sta...
Nk Rajendra Mohan Vs. Thirvamadi Rubber Co. Ltd
(1) and Section 2 of the Malabar Tenancy Act 1929 dealing with exemption and Section 3 (1) (viii), of the Kerala Agrarian Relations Act 1960 enunciated that the legislature did consciously, as a matter of policy, in relation to the grant of exemption for plantations, restrict the scope thereof. The High Court in catego...
0[ds]18. The lease deed, reading between the lines, would demonstrate irrefutably, that at the time of execution thereof, neither a private forest nor a plantation as defined in Section 2 (44)/2 (47) of the Act 1963 did exist on the demised land. The lease which was for a period of 36 years w.e.f. 01.4.1918, encompasse...
0
9,675
1,588
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: (1) and Section 2 of the Malabar Tenancy Act 1929 dealing with exemption and Section 3 (1) (viii), of the K...
Lynette Fernandes Vs. Gertie Mathias since Deceased by Lrs
the period of limitation for an application seeking revocation of grant of probate, Article 137 of Limitation Act will apply to the case in hand. Article 137 reads thus:-ArticleDescription of applicationPeriod of LimitationTime from which period begins to run137.Any other application for which no period of limitation i...
0[ds]6. With respect to the first ground, we are unable to accept the contention that not taking out a citation at Chikmagalur is a substantial defect for the grant of probate. It is a finding of fact by the Trial Court and the High Court that the appellant and her entire family lived in thehouse at Mangalore. As a mat...
0
4,813
1,701
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the period of limitation for an application seeking revocation of grant of probate, Article 137 of Limitation Act will apply...
Jagtar Singh & Others Vs. State of Punjab & Others
already been effected on the lines laid down in the directive of the Registrar of Co-operative Societies dated October 13, 1962, followed up by the joint seniority list as published on March 1, 1963, the Central Government had no authority to issue the directive so as to affect the list already drawn up or the principl...
1[ds]7. We think that the approach of the High Court to the question was totally misconceived. There was no integration of the services by the creation of divisional cadre of junior and senior clerks in the Pepsu area or by the continuance of the divisional pattern in the two integrating units after November 1, 1956. T...
1
3,229
668
### 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: already been effected on the lines laid down in the directive of the Registrar of Co-operative Societie...
PAPPU ALIAS SURENDRA Vs. STATE OF M.P., (S.C.)
Rohinton Fali Nariman, J. - Leave granted. 2. In the present case, the appellant has been convicted for the murder of one Chotebir. After examining the injured witnesses including the deceaseds wife, brother and PW3, based only on the testimony of PW3, both the courts below held that the appellant is guilty of murder a...
1[ds]There is no quarrel with the aforesaid proposition. The only problem in this case is that to convict a person solely on the basis of the testimony of a witness, who is not independent, in the sense of being a cousin of the deceased, and who has made a 360 degree turn around becomes very difficult. It may be added ...
1
432
129
### 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: Rohinton Fali Nariman, J. - Leave granted. 2. In the present case, the appellant has been convicted for the murder of one...
State of Bihar & Another Vs. Arvind Kumar & Another
to clause 6(a) of the Public Distribution System (Control) Order, 2001 issued under Section 3 of the EC Act. Respondent also referred to the said Control Order 2001 in Para 3 of the Crl.W.J.C. No. 215 of 2011 filed by them. More so, the question of ownership of the goods seized is a question of fact which ought not to ...
1[ds]11. In the subsequent order dealing with the ownership of the wheat the High Court has only taken note of the fact that as the respondents herein were prepared to furnish adequate/sufficient security to the satisfaction of the court below for release of the wheat in question, the wheat could have been released by ...
1
2,064
370
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to clause 6(a) of the Public Distribution System (Control) Order, 2001 issued under Section 3 of the EC Act...
Paint Employees Union Vs. Kansai Nerolac Paints Limited
not possible for any one to contest the proposition that a wrong concession made by a party or its advocate on a statutory provision cannot bind them. However, in our opinion, facts of this case are different. We are not concerned here with merely a concession made by a counsel. The appellant union took a stand that un...
0[ds]20. It is now necessary to refer to the facts of this case. The appellant union has prayed in its application that the Specified Authority may review its order dated 27/3/03 granting permission to close down the Lower Parel unit or in the alternative it may refer the matter to the Industrial Tribunal. In the words...
0
6,430
2,924
### 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: not possible for any one to contest the proposition that a wrong concession made by a party or its advocate on a statutory p...
Gambhirdan K Gadhvi Vs. The State of Gujarat & Ors
by virtue of his office, be the head of the University and the President of the Senate. Therefore, even as the head of the University, his advice was/is binding upon the University and therefore, the State ought to have taken the necessary steps at the Government level as requested in the communication dated 30.08.2014...
1[ds]When a writ of quo warranto will lie has been dealt with by this Court in the case of Rajesh Awasthi Vs. Nand Lal Jaiswal and Ors., (2013) 1 SCC 501 . In para 19, it has been observed and held as under: -19. A writ of quo warranto will lie when the appointment is made contrary to the statutory provisions. This Cou...
1
9,765
2,657
### 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: by virtue of his office, be the head of the University and the President of the Senate. Therefore, even as...
ICICI Ltd Vs. Ahmedabad Manufacturing & Calico Printing Co. Ltd. & Another
1. The appellant had advanced loans to the respondent Company between 23-2-1976 till 10-7-1986. On 10-7-1986 an application for winding up was filed against the respondent by an unsecured creditor. Subsequent to this on 1-10-1986 and 19-1-1988, the appellant sanctioned two further loans to the Company. In 1990 the Comp...
1[ds]3. It is not in dispute that during the pendency of the proceedings the Company was referred to the Board for Industrial and Financial Reconstruction under the Sick Industrial Companies (Special Provisions) Act. The efforts to revive the Company were unsuccessful both before BIFR as well as AAIFR. The Company was ...
1
841
406
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: 1. The appellant had advanced loans to the respondent Company between 23-2-1976 till 10-7-1986. On 10-7-1986 an ap...
Charandas Haridas And Another Vs. The Commissioner Of Income-Tax,Bombay North, Kutch, Sauras
a unit does not become a partner, but only such of its members as in fact enter into a contractual relation with the stranger: the partnership will be governed by the Act."Further, the Privy Council in Appovier v. Rama Subba Aiyan, 11 Moo Ind App 75, observed :"Nothing can express more definitely a conversion of the te...
1[ds]10. In our opinion, here there are three different branches of law to notice. There is the law of Partnership, which takes no account of a Hindu undivided family. There is also the Hindu law, which permits a partition of the family and also a partial partition binding upon the family. There is then the Income-tax ...
1
2,868
860
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: a unit does not become a partner, but only such of its members as in fact enter into a contractual relation with the stra...
Workmen of New Egerton Woollen Mills Vs. New Egerton Woollen Mills and Others
wage-scales in such a manner as to equalize with those of the Orient Carpet Manufacturers. It was also urged on their behalf that the increments awarded by the tribunal were not adequate and lastly that the award should have been brought into force from the date of the demand or at least from the date of the award. The...
1[ds]A number of decisions both of this Court as also of industrial tribunals have laid down that two principal factors which must weigh while fixing or revising wage-scales and grades are : how the wages prevailing in the establishment in question compare with those given to workmen of similar grade and scale by simil...
1
5,252
3,243
### 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: wage-scales in such a manner as to equalize with those of the Orient Carpet Manufacturers. It was als...
Ningappa Thotappa Angadi (Dead) through LRs. Vs. The Special Land Acquisition Officer and Another
Rs 25,000/- per gunta had been awarded, coupled with the fact that the acquired land in the present case and the land in LAC No. 44/2004 are located in adjoining villages and in close proximity of Hubli City, the Reference Court enhanced the compensation to Rs 25,000/- per gunta ( Rs 10,00,000/- per acre). 4. Aggrieved...
1[ds]8. We find that the issue raised in this appeal is no longer res-integra. This Court in Dhiraj Singh (Dead) through LRs. and Others v. State of Haryana and Others (2014) 14 SCC 127 heldThe appellants are identically situated and there is no reason to meet out a different treatment to them. We also note that, w...
1
1,418
607
### 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: Rs 25,000/- per gunta had been awarded, coupled with the fact that the acquired land in the present case and the land in LAC...
Rashtriya Chem. & Fertilizers Ltd. Vs. General Employees Association
be an administrative one but the same would not be beyond the pale of judicial review. It must, therefore, apply its mind before making a reference on the basis of the materials placed before it by the workmen and/or management, as the case may be. While doing so, it may be inappropriate for the same authority on the b...
1[ds]10. As rightly contended by learned counsel for the appellants once the respondentapproached the High Court on the foundation that the Contract Labour (Regulation and Abolition) Act, 1970 (in short the Act) applied, it pre supposes existence of a valid contract. What the writ petitioner (respondent No.1 herein) wa...
1
3,256
239
### 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: be an administrative one but the same would not be beyond the pale of judicial review. It must, therefore, apply ...
Pioneer Traders And Others Vs. Chief Controller Of Imports Andexports Pondicherry
applies to these cases, even though in law it does not. 26. There is no escape from the conclusion that on the authority of this Courts decision in (1961) 1 SCR 305 the Sea Customs Act will not apply and the law formerly in force in the French Establishments, immediately before November 1, 1954 would apply, in respect ...
0[ds]12. It will be seen from the above summary of the views of the learned Judges who constituted the majority that, though the reasons given for coming to their conclusion were slightly different they were all agreed that where an order of assessment is made by an authority with jurisdiction under a taxing statute wh...
0
10,931
2,109
### 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: applies to these cases, even though in law it does not. 26. There is no escape from the conclusion that on ...
Ksb Ali Vs. State Of A.P.
by the impugned memo dated 21-05-2005. Neither the 170 petitioners (whose W.P.No.20298 of 1993 was referred to in the letter dated 15-04-2002) or Moizuddin Mahamood whose representation dated 04-08-2001 was also referred to in this letter (rejecting K.S.B.Alis representation for implementation of the Muntakhab and rest...
0[ds]19. After considering the respective submissions, we find ourselves in agreement with the contentions advanced by the learned counsel for respondent. There are various reasons to dismiss these appeals, which are discussed herein below:20. In the first place, it is to be noticed that as far as Mr. Ali is concerned,...
0
9,143
951
### 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: by the impugned memo dated 21-05-2005. Neither the 170 petitioners (whose W.P.No.20298 of 1993 was re...
Commissioner Of Income-Tax, Kerala Vs. K. B. Kalikutty And Anr
to the High Court it came finally in appeal to this Court. It was held that the intention of the company was to discontinue its business and the sale of the machinery and plant was a step in the process of the winding up of the business culminating in the voluntary liquidation of the company and even if the sale of the...
1[ds]5. The words within brackets did not exist before the amendment made by Act 67 of 1949 and were inserted by that Act. In Liquidators of Pursa v. Commr. of Income-tax, Bihar, 1954 SCR 767 =(AIR 1954 SC 253 ) the controversy arose out of the proceedings relating to the assessment of Pursa Limited for the assessmen...
1
2,310
1,146
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to the High Court it came finally in appeal to this Court. It was held that the intention of the company wa...
Anil Kumar Singh Vs. Vijay Pal Singh & Others
sub-rule(1) of Rule 1 read with sub-rule (4)(a) or (b) then in such event, the plaintiff would only be liable to pay cost to the defendant. However, in such situation, he is precluded from filing a fresh suit in respect of the same subject matter or part thereof. 21) Sub-rule (5) of Rule 1 says that, if there are more ...
1[ds]15) Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned order and restore the orders of the Trial Court and the Revision Court19) Reading of Order XXIII Rule 1 would go to show that the plaintiff has a right to fi...
1
2,823
1,240
### 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: sub-rule(1) of Rule 1 read with sub-rule (4)(a) or (b) then in such event, the plaintiff would only be liable...
ORIENTAL INSURANCE COMPANY LIMITED Vs. M/S NARBHERAM POWER AND STEEL PVT LTD
be referred to arbitration since the plea advanced by the owner could be decided by the arbitrator. We do not intend to dwell upon the correctness of the said decision as the issue involved in the present case is quite different.22. In A. Ayyasamy (supra), a two-Judge Bench was concerned with the issue as to whether th...
1[ds]It is our obligation to mention here that though the respondent has placed reliance upon the said authority, yet the same does not assist him. On the contrary, it dispels the perception of ambiguity in Part II and Part III of the arbitration clause as perceived by the High Court. That apart, it throws light on the...
1
5,017
1,273
### 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: be referred to arbitration since the plea advanced by the owner could be decided by the arbitrator. We ...
M/S.Naturalle Health Products (P)Ltd Vs. Collector Of Central Excise, Hyderabad
case of appellant in Civil Appeal No. 2072/1996, the products satisfy the definition in Section 2(h) of Drugs & Cosmetics Act as patent or proprietary Ayurvedic medicines also. Further, the manufacture of this medicament is being done under the Ayurvedic drug licence issued by competent authority. 39. The Vice-Presiden...
1[ds]30. It isseen from the above circular that the Government have accepted two tests for determining the classification of the products claimed to be the Ayurvedic medicines and the statutory authorities were directed to keep this in view while deciding similar pending assessments of the type indicated in the circula...
1
8,164
757
### 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: case of appellant in Civil Appeal No. 2072/1996, the products satisfy the definition in Section 2(h) of Drugs & Cosmetics ...
Reliance Petroleum Vs. Zaverchand Popatlal Sumaria
and 4 of the Land Acquisition (Companies) Rules as well as personal hearing under section 5A are mandatory and non-compliance of the same as factually found by the High Court cannot be cured and therefore, the High Court was justified in entertaining the case under Article 226 and quashing the proceedings. He also cite...
1[ds]13. Taking note of all these facts we have come to the conclusion that the High Court was not justified in entertaining the writ petition and also in exercising the discretionary jurisdiction to quash the 4(1) notifications section 6 declaration and award made under the Land Acquisition Act.14. In the view we take...
1
2,147
231
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: and 4 of the Land Acquisition (Companies) Rules as well as personal hearing under section 5A are mandatory and non-complia...
M/s. Davecos Garments Factory & Another Vs. State of Rajasthan
Grover, J.1. This is an appeal from a judgment of the Rajasthan High Court in which the sole question for determination is whether the agreements which were executed between the appellant and the respondent fulfil the requirements of Article 299 of the Constitution.2. In a suit filed by the respondent against the appel...
0[ds]5. The present appeal stands conduced by the judgment of this court in Union of India v. A L. Rallia Ram, (1964) 3 SCR 164 = (AIR 1963 SC 1685 ), in which it was held that the letter of acceptance of the tender signed by the Chief Director of Purchases fulfilled all the requirements of Section 175 (3) of the Gove...
0
987
379
### 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: Grover, J.1. This is an appeal from a judgment of the Rajasthan High Court in which the sole question for determination is w...
Sk. Amir Vs. The State Of Maharashtra
set aside in appeal by the High Court of Bombay (Nagpur Bench) which held that the prosecution had proved conclusively that the accused had stocked the drug for sale. The High Court sentenced the appellant to the minimum sentence of one years imprisonment, prescribed by the Act. This appeal by special leave is directed...
0[ds]8. We see no substance in this argument. Section 18 (a) of the Act which lays down an injunction that no person shall stock for sale a drug of certain description, Section 18 (c) which says that no person shall stock for sale a drug except in accordance with the conditions of a licence issued for such purposes and...
0
1,415
440
### 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: set aside in appeal by the High Court of Bombay (Nagpur Bench) which held that the prosecution had proved c...
Bandaru Ramesh Vs. State of Andhra Pradesh
380 and 411 IPC, and on hearing on sentence, sentenced him to imprisonment for life and directed to pay fine of Rs. 200/- in default one months simple imprisonment (under Section 302 IPC), rigorous imprisonment for a period of five years and to pay a fine of Rs. 200/- in default one months simple imprisonment (under Se...
0[ds]8. As is evident from the above facts, it is a case based on circumstantial evidence. There is no eye witness of commission of murder. Before further discussion, we think it relevant to mention here the ante mortem injuries found on the dead body of the deceased recorded byDr. P. Vidya Sagar at the time of autopsy...
0
1,935
303
### 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: 380 and 411 IPC, and on hearing on sentence, sentenced him to imprisonment for life and directed to pay fine of Rs. 200/- i...
Srinivasavardacharur And Ors Vs. Gopala Menon And Ors
per cent compound interest calculated with quarterly rests was certainly excessive. Taking note of several decisions of the Madras High Court to which we shall presently refer, the learned fudges thought that the rate of interest to be allowed was 10 per cent compound interest with yearly rests.8. It is difficult to pr...
0[ds]5. The net result of the above seems to be that the Court must go back to the date of the original transaction and form an opinion as to the rate of interest which would be reasonable afterthe value of the security offered;(b) the financial condition of the debtor including the result of any prior transaction(c) t...
0
2,517
1,007
### 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: per cent compound interest calculated with quarterly rests was certainly excessive. Taking note of several decisi...
Wasting House Saxby Farmer Vs. Workmen
annual replacement costs of additions from 1922 to 1959. Regarding the deduction of reserves, the management filed a calculation, Ext. G-2. Evidence on these Exhibits was also given by DW 1, who was further cross-examined on behalf of the workmen. The workmen do not appear to have adduced any further evidence after rem...
1[ds]9. We have gone through the award of the Tribunal and we are satisfied that the criticism levelled by the appellant is fully justified. A major part of the award is taken up by reference to the proceedings that took place at the time when the original award was passed on July 20, 1962. The two directions given by ...
1
2,235
903
### 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: annual replacement costs of additions from 1922 to 1959. Regarding the deduction of reserves, the management filed a calcu...
State Of Orissa Vs. M/S Tata Sponge Iron Ltd
of the view that for the incentive under paragraph 7.5 read with entry No.44 as notified in S.R.O No. 1019 of 1992, exemption of tax did not provide any period of limitation. Neither the IPR, 1992 nor the Finance Department Notification in SRO No.1019 of 1992 provided any stipulation as to how long the exemption from s...
0[ds]9. Indisputably, pursuant to or in furtherance of the aforementioned IPR, 1992, the State Government amended the provisions of the Orissa Sales Tax Act. Section 6 of the said Act reads as under:6. Tax Free Goods The State Government may, by notification, subject to such conditions and exceptions, if any, exempt fr...
0
3,330
971
### 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: of the view that for the incentive under paragraph 7.5 read with entry No.44 as notified in S.R.O No. 1019 of 1992, exemptio...
Messrs British Machinery Supplies Company Vs. Union of India and Others
it releases items at prices other than fixed by the Pricing Committee, it would be committing a breach of the Government Policy. Hence at the time of the release of an item the SAIL has to release it at the price fixed by the Pricing Committee. It is not disputed that the appellant was bound by the Import Policy. In fa...
0[ds]In the first instance, as paragraph 65 of the Import Policy for the yearshows, in the case of the items listed in Appendix 8 of the Handbook of81 (which include the present material), the eligible actual user had to register their 12 months requirement with the canalised agencywhich is the SAIL in the present case...
0
2,687
1,596
### 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: it releases items at prices other than fixed by the Pricing Committee, it would be committing a breach of the Government Po...
SYEDA NAZIRA KHATOON (D) BY LR Vs. SYED ZAHIRUDDIN AHMED BAGHDADI AND OTHERS
another person, he cannot undertake such a transfer, unless such a power is expressly given to him by the wakif in the wakf deed. The following excerpt from Mulla?s Principles of Mohammedan Law, Mulla?s Principles of Mohammedan Law (21 st edn., 2017) at page 298. is relevant in this context:?S214: Office of mutawalli n...
0[ds]10. In light of these pronouncements and authoritative texts on Mohammedan law, it is more than clear that the mutawalli does not have a general power to assign or transfer his office to another person, unless he is given such powers by the wakf deed itself. In the instant case, the wakf deed does not give the mut...
0
2,854
742
### 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: another person, he cannot undertake such a transfer, unless such a power is expressly given to him by the wakif i...
Burn Standard Company Limited and Another Vs. Tarun Kumar Chakraborty and Others
permit the first respondent to join the service when he reported on 22-10-1984. The first respondent having found himself in an unenviable position of leaving the earlier job and joining the service in the appellant Company and being without salary filed a writ petition [CR No. 19272(W) of 1984] praying, inter alia, fo...
1[ds]It is no doubt true that the first respondent did not work during that period and, without anything more, he cannot claim salary for the said period on the principle "no work, no pay". But in this case, he reported to the appellants to join service on 12-10-1988 but was not allowed to do so till 15-5-1997. It is n...
1
1,477
400
### 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: permit the first respondent to join the service when he reported on 22-10-1984. The first respondent having found himself ...
M/S. Indian Chemical & Pharmaceutical Works Vs. State Of Andhra Pradesh & Ors
notification any substance as an intoxicating drug within the meaning of the Act provided it was an intoxicating and narcotic substance. If such a declaration is made the substance will be liable to excise duty under the amended Act and the Rules framed thereunder and will be liable to such incidental control as may be...
0[ds]We are therefore of opinion that the introduction of the Dangerous Drugs Act in the Part B State of Hyderabad in 1950 did not result in complete effacement of the 1333-F Act. It remained alive even so far as opium, charas, bhang and ganja were concerned for the purpose of collection of duties of excise thereon. It...
0
4,444
745
### 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: notification any substance as an intoxicating drug within the meaning of the Act provided it was an intoxicating a...
State of Rajasthan and Others Vs. Nenu Ram
supplying and fixing wooden windows and doors together with frames and painting them when the construction of the police lines building took place at a place called Pali.2. The respondent is an approved contractor of the Public Works Department of the State. Tenders were invited by the Chief Engineer for doing the work...
0[ds]We are unable to agree. On the documents and other relevant facts and circumstances the High Court was fully justified in coming to the conclusion at which it arrived that the contract was one and indivisible. It hardly made any difference if it was mentioned in the letter dated July 17, 1958, that the chowkhats w...
0
1,121
485
### 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: supplying and fixing wooden windows and doors together with frames and painting them when the construction of the ...
Seth R. Dalmia Vs. Commissioner of Income Tax, Delhi
296 (All) , where it was held that any expenditure incurred for preservation or protection of a capital asset was revenue in nature. The court held that legal and travelling expenses incurred by the assessee for protecting dividend income and to ensure the prospective dividend earning capacity were clearly allowable un...
1[ds]A perusal of the statement made in this paragraph manifestly reveals that even if the shares are not taken delivery of by the assessee, the dividends, rights, bonuses, etc., which may be declared after that date were to be held by the bank for the benefit of the purchaser. Thus, the principle which is deducible fr...
1
4,788
1,262
### 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: 296 (All) , where it was held that any expenditure incurred for preservation or protection of a capital asset was ...
Malleshi Vs. State Of Karnataka
the High Court and submitted that the evidence has been analyzed carefully by both the trial court and the High Court and no infirmity has surfaced. It was further submitted that keeping in view the clear language of Section 364 A it is evident that the accused has been rightly convicted under Section 364 A of the IPC....
0[ds]. In the instant case as the factual position found by the trial court and the High Court goes to show, the object of abduction was for ransom. This was clearly conveyed to the victim PW-2. He was even conveyed the amount to be paid. It cannot be laid down as a strait-jacket formula that the demand for payment has...
0
2,199
396
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: the High Court and submitted that the evidence has been analyzed carefully by both the trial court and the H...
Swaraj Abhiyan & Others Vs. Union of India & Others
4th April, 2016 which is to give its report to the Special Investigating Team constituted by this Court vide order dated 4th July, 2011 in Writ Petition (Civil)No. 176 of 2009 (This issue has been dealt with in the order of this Court dated 9th October, 2017 in W.P. No.65 of 2016]).14. On merits, as depicted in the com...
1[ds]e objection on behalf of the petitioners is that in all the three offers, it was the same person who negotiated. Other helicopters were not considered. Excess price was paid to benefit the son of the Chiefthough the submission initially appeared to require consideration on account of which the State was directed t...
1
3,599
1,274
### 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: 4th April, 2016 which is to give its report to the Special Investigating Team constituted by this Cou...
Shyam Sundar Pramanick Vs. Moni Mohan Sadhukhan & Others
act as the sole shebait as Krishna Chandra Sadhukhan predeceased Chamatkarini. Counsel further submitted that even if it be not so the compromise decree in the earlier suit was binding on respondent No. 1 as it was entered into on his behalf also. Under the terms of the compromise the appellant alone was entitled to ac...
0[ds]6. It is clear on reading the relevant words of the three clauses of the will extracted above the intention of the testator was after bequeathing the properties to the deity, to appoint his wife as the sole shebait during her lifetime and to treat his fosterson Shyam Sundar and his daughters son Krishna Chandra on...
0
1,617
563
### 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: act as the sole shebait as Krishna Chandra Sadhukhan predeceased Chamatkarini. Counsel further submitted that even if it b...
Bayanabai Kaware Vs. Rajendra
the sale deed (Ex.P-31) inasmuch as the sale deed had some kind of discrepancies and also no attesting witness was examined; secondly, the appellant was in possession of the suit land since 1972 and hence perfected her title over it by adverse possession; thirdly, the dispute, which is the subject-matter of civil suit,...
0[ds]16) Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to dismiss the appeal as, in our opinion, the High Court is right in its reasoning and itsWe agree with the reasoning of the High Court. In our opinion also, the respondent was able to prove the sale deed...
0
1,788
387
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the sale deed (Ex.P-31) inasmuch as the sale deed had some kind of discrepancies and also no attesting witness was examine...
The Tata Iron And Steel Co. Ltd Vs. D. R. Singh
a workman concerned in the main industrial disputes; if he is not so concerned, S. 33 (2) will not apply. In order to avoid any complications and with a view to save itself from the charge that it had contravened S. 33 of the Act, the appellant had no doubt made an application as a precautionary measure; that is why it...
0[ds]3. That raises the question as to the course that we should adopt in dealing with the merits of the present appeal. Logically, it would be necessary to make a finding on the preliminary point raised by the appellant before the merits are considered, because if the appellant is right in contending that the responde...
0
1,414
880
### 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: a workman concerned in the main industrial disputes; if he is not so concerned, S. 33 (2) will not apply. I...
Badri Narayan Singh Vs. Kamdeo Prasad Singh And Another
Thus the first appeal was really a consolidated appeal against the decrees in both the appeals and could have been split up for the purposes of record into two separate appeals. This Court itself felt that the circumstances of the case were such that the High Court should have allowed the benefit of S. 5 of the Limitat...
1[ds]The finding about his holding an office of profit served the purpose of both the appeals, but merely because of this the decision of the High Court in each appeal cannot be said to be one decision. The High Court came to two decisions. It came to one decision in respect of the invalidity of the appellants election...
1
2,943
744
### 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: Thus the first appeal was really a consolidated appeal against the decrees in both the appeals and could hav...
MURUGAN Vs. KESAVA GOUNDER (DEAD) THR LRS AND ORS
legal necessity is not relevant in the case of such invalid transfer. A transferee of such an alienation does not acquire any interest in the property. Such an invalid transaction is not required to be set aside by filing a suit or judicial proceeding. The minor, on attaining majority, can repudiate the transfer in any...
0[ds]7. The trial court has held that suit has been filed within time relying on Article 65 whereas the Appellate Court as well as the High Court relied on Article 60 and held that suit was barred by time.Article 60(b)(ii) refers to a suit when a ward dies before attaining majority. The present is a case where Palanive...
0
8,291
1,494
### 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: legal necessity is not relevant in the case of such invalid transfer. A transferee of such an ali...
Messrs Karnal Distillery Company Limited Vs. The Union Of India
up to the quantity agreed to in Clause 1 (i.e. 12, 000 L. P. gallons) ex-warehouse Mandi at the rates per dozen bottles, mentioned therein. The undertaking is by the contractors to supply up to the quantity agreed. Clause 1 contemplates the supply to the liquor licences but the two clauses are silent as to from whom th...
1[ds]The clause does not contemplate that the contractor should look forward to the liquor licences for payment. There is no privity of contract between the contractor and the liquor licences. The construction of the first 3 clauses of the agreement would show that by the terms of the contract the Government had agreed...
1
2,514
737
### 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: up to the quantity agreed to in Clause 1 (i.e. 12, 000 L. P. gallons) ex-warehouse Mandi at the rates...
Peninsular Traders, Perumbavoor and Another Vs. Dy. Commissioner, Sales Tax (Law), Kerala
by them on the date from which the revised price became effective. Clause (6) required the firm to send to the company monthly statements showing the total quantity of the said chemicals received from the company during the month, the quantity and value of the sales effected by the firm on the companys behalf during th...
1[ds]9. The stress by learned counsel for the Sales Tax authorities on the judgment of this Court in Alwaye Agencies v. Dy. Commr. of Agricultural Income Tax and Sales Tax would appear to be somewhat misplaced for what the distributor got under the agreement that was construed in that case was a rebate and not a commis...
1
1,610
400
### 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: by them on the date from which the revised price became effective. Clause (6) required the firm to send to t...
ALD AUTOMOTIVE PVT LTD Vs. THE COMMERCIAL TAX OFFICER AND ORS NOW UPGRADED AS THE ASSISTANT COMMISSIONER (CT)
the main object of the statute. The interpretation of the Rule 9(j) in the above case was on its own statutory scheme and has no bearing in the present case. We, thus, are of the view that time period as provided in Section 19(11) is mandatory. Issue no. 5 43. One of the submission advanced by learned counsel for the a...
1[ds]27. The ground on which Rule 6 was held as ultra vires has been clearly noticed by this Court in paragraph 6 as noticed above. It is relevant to notice that in the same paragraph this Court had noticed Section 13(4)(g) of the Act where the State was empowered to make rule with regard to the time. Thus, this Court ...
1
11,114
1,169
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the main object of the statute. The interpretation of the Rule 9(j) in the above case was on its own statutory sch...
Commissioner Of Income-Tax, Calcutta Vs. M/S. Moon Mills Ltd
actually paid or incurred according to the method of accounting upon the basis of which the profits or gains are computed under this section. If the concepts of mercantile system of accountancy were incorporated by implication in the various clauses of S. 10 (2), the definition of paid in Section 10 (5) would be redund...
0[ds]12. The legal position may be stated thus: The profit and loss of a business concern is ascertained on commercial principles Section 13 of the Act, subject to the proviso, imposes a duty on the Revenue to compute the profits of a business in accordance with the methods of accounting adopted by an assessee under th...
0
3,557
250
### 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: actually paid or incurred according to the method of accounting upon the basis of which the profits o...
Commissioner Of Income-Tax,Bombay City I, Bombay Vs. Afco (P) Ltd., Bombay
benefit of rebate is not admissible in their favour. The Tribunal and the High Court held that the expression "cannot be made applicable" only refers to a state of affairs in which having regard to the circumstances an order under s. 23k of the Indian Income-tax Act cannot be made. In our judgment the Income-tax Appell...
0[ds]It is manifest that the order under s. 23A(1) would (excluding certain procedural conditions) be ordinarily made if the company has distributed by way of dividend within the twelve months immediately following the expiry of the accounting year less than the prescribed percentage of the total income as reduced by t...
0
2,779
1,105
### 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: benefit of rebate is not admissible in their favour. The Tribunal and the High Court held that the expressio...
Parimal Sarkar Vs. State of West Bengal
1971 and thirdly the police were actuated by a improper motive because six or seven years prior to his detention he had made a complaint that the final report given by the Police Officer in respect of the first information given by him in connection with an incident at Sealdah, the accused was punished and departmental...
0[ds]4. Whether the act committed by the petitioner on the sole ground communicated to him would amount to a disturbance of public order or is likely to disturb public order has been considered in several decisions of this Court one of which was pronounced only yesterday, in S. K. Kader v. State of West Bengal, to whic...
0
1,914
964
### 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: 1971 and thirdly the police were actuated by a improper motive because six or seven years prior to his deten...
M. V. CHANDRAKANTH Vs. SANGAPPA & ORS
that reservation to backward classes had not been introduced when the Respondent No.1s father had been admitted to school in 1953. By the time the Appellant came to be admitted to school, Reservation Policy for backward classes had been introduced. This could be the reason why the caste was not entered in the school re...
0[ds]27. The Division Bench referred to the judgments of Karnataka High Court in Somashekhar Veerappa B. Murgod v. State of Karnataka and Another AIR 1980 Karnataka 62 and Prabhushankar K.V. v. Selection Committee for Medical Colleges & others (1981) 1 Kant.L.J. 255. In Somashekhar Veerappa B. Murgod (supra), the Singl...
0
3,823
1,740
### 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: that reservation to backward classes had not been introduced when the Respondent No.1s father had been admit...
Srikant Roy Vs. State Of Jharkhand
Shankar Mukhopaddya)Deputy Secretary of StateNo. 6/Estab Jud 610/2001 Perso. 4544/after Ranchi Date 20.08.2004Copy to- Superintendent, Government press, Doranda Ranchi, with request that be published in next edition of Jharkhand official Gazette.Deputy Secretary of Govt,"17. The position as it stood as on 30th April 20...
1[ds]18. Considering the fact that no vacancy existed in the quota of direct recruit as on 30th August 2008, the writ petitioners (respondents 4 to 11 in the leading appeal), who could participate in the selection process for direct recruit alone and notion through Limited Competitive Examination, had no locus to chall...
1
6,956
811
### 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: Shankar Mukhopaddya)Deputy Secretary of StateNo. 6/Estab Jud 610/2001 Perso. 4544/after Ranchi Date 20.08.2004Copy to- Su...
Sesa Industries Ltd Vs. Krishna H. Bajaj
to promote any interest adverse to that of the latter comprising the same class whom they purport to represent and the scheme as a whole is just, fair and reasonable from the point of view of a prudent and reasonable businessman taking a commercial decision. 36. Thus, the first question is as to whether the appellant a...
1[ds]Thus, the first question is as to whether the appellant and SGL had disclosed sufficient information to the shareholders so as to enable them to arrive at an informed decision?The proviso to Section 391 (2) requires a company to "disclose pendency of any investigation in relation to the company under Sections 235 ...
1
8,893
1,040
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: to promote any interest adverse to that of the latter comprising the same class whom they purport to ...
Janki Ram Bahadur Ram Vs. Commissioner Of Income Tax, Calcutta
a venture in the nature of trade. These are cases in which the commodity purchased and sold is not ordinarily commercial, and the manner of dealing with the commodity does not stamp the transaction as a trading venture. 11. It may be emphasized from an analysis of these cases that a profit motive in entering a transact...
1[ds]12. Purchase of the property by the appellant was an isolated transaction not related to the business of the appellant. The Tribunal and the High Court were, in our judgment, in error in holding that the right of the Company was not sold to the appellant in the lands in Sch. II and Sch. III properties. The land in...
1
3,129
1,002
### 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: a venture in the nature of trade. These are cases in which the commodity purchased and sold is not ordinari...
Giani Bakshish Singh Vs. Govt. Of India & Ors
this country while residing in another State. We have no doubt that he can be detained by the former State. The same analogy applies to this case. International Law does not seem to deal, with the case of nationals of one country acting in that country to the prejudice of the security and integrity of another country a...
0[ds]It is now settled law that preventive detention is not a punishment for the past activities of a person but is intended to prevent the person detained from indulging in future in activities which may produce the results mentioned in Section 3 of the Maintenance of Internal Security Act. It is also well settled tha...
0
4,313
1,882
### 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: this country while residing in another State. We have no doubt that he can be detained by the former State...
Mahant Sri Srinivas Ramnuj Das, Mahant Of Emar Math, Puri Vs. The Agricultural Income Tax Officer, Puri & Anr
counsel for the appellant ?Having regard to the submissions made by counsel for the appellant the question raised for determination may be formulated thus : Whether ss. 8 and 9 while providing for exemption to charitable or religious trusts discriminate between agricultural income derived from lands held under non-Musl...
0[ds]The charging provision is contained in s. 3 which provides that agricultural income-tax at the rate or rates specified in the Schedule shall be charged for each financial year in accordance with and subject to the provisions of this Act on the total agricultural income of the previous year of every person, the pro...
0
3,085
1,545
### 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: counsel for the appellant ?Having regard to the submissions made by counsel for the appellant the...
ASHI KUMAR Vs. ASEEM AGARWAL
1. Leave granted. 2. This appeal takes exception to the judgment and order dated 15.07.2019 passed by the High Court of Delhi at New Delhi in C.M.(M) No.1019 of 2019, whereby the High Court entertained the writ petition filed by the respondent herein, Assem Agarwal, under Article 227 of the Constitution of India challe...
0[ds]8. Counsel for the appellant contends that the undertaking to the Family Court was given not only by the counsel appearing for the respondent but also by his Power of Attorney. The respondent, however, disputes the correctness of this submission. We are not required to go into this controversyissue. On that basis,...
0
811
295
### 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: 1. Leave granted. 2. This appeal takes exception to the judgment and order dated 15.07.2019 passed by the High Court of De...
Laxmidhar Nayak & Others Vs. Jugal Kishore Behera & Others
R. Banumathi, J. 1. Leave granted. 2. Appellants who are the sons and daughter of the deceased Chanchali Nayak have filed this appeal seeking enhancement of compensation for the death of their mother in the road accident on 29.09.1991 as against compensation of Rs. 70,600/- awarded by the tribunal and affirmed by the H...
1[ds]It is quite improbable that a labourer would be available for such a small amount of Rs. 25/per day. The wages fixed by the tribunal for the daily labourer at Rs. 25/per day and the monthly income at Rs. 650/is too low. The reasoning of the tribunal that a lady labourer may not get engagement daily is not acceptab...
1
1,029
405
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: R. Banumathi, J. 1. Leave granted. 2. Appellants who are the sons and daughter of the deceased Chanchali Nayak ha...
Shree Ram Urban Infras.Ld.Forml.S.R.Mill Vs. Court Receiver,High Court Of Mumbai
of Order XL Rule 1 cannot give any narrower construction for holding that the Code does not empower the Receiver to bring a suit for recovery of possession of immovable property. In support, he has relied on all the aforesaid decisions. 14. After considering and analyzing all the decisions, in our opinion, we cannot gi...
0[ds]14. After considering and analyzing all the decisions, in our opinion, we cannot give a narrower construction with regard to the rights/authority given to the Receiver under Order XL Rule 1(d). We have also considered the appointment order in the present case. In our opinion, the Receiver was given full powers und...
0
3,661
1,080
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of Order XL Rule 1 cannot give any narrower construction for holding that the Code does not empower the...
M/S Bihar Caustic And Chemical Ltd Vs. Lallandeo Singh
Leave granted. The respondent was working as a security guard. While he was on duty, the Managing Director of the appellant-company was assaulted by three workers. The respondent failed to take any preventive action against the miscreants. Consequently, a charge-sheet was issued against the respondent for the said act ...
1[ds]In view of the fact that a settlement has already been arrived at between the parties which is not controverted by either of the parties, we set aside the order passed by the Division Bench of the High Court and hold that the appeal before the High Court shall be deemed to have been disposed of in terms of the set...
1
536
89
### 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: Leave granted. The respondent was working as a security guard. While he was on duty, the Managing Dir...
Mahadeo Vs. State of Maharashtra & Another
position that the prosecutrix was a minor was found to be fully established, thereafter, the only other question that needs to be examined is as to the sexual assault alleged to have been committed by the appellant on her and whether such an allegation was satisfactorily established before the Courts below. In this res...
0[ds]10. We can also in this connection make a reference to a statutory provision contained in the Juvenile Justice (Care and Protection) Rules, 2007, whereunder Rule 12, the procedure to be followed in determining the age of a juvenile has been set out. We can usefully refer to the said provision in this context, inas...
0
2,724
579
### 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: position that the prosecutrix was a minor was found to be fully established, thereafter, the only other ques...
Mukul Harkisondass Dalal Vs. Jayesh Ramniklal, Doshi
and the appeal in the High Court ended in dismissal and in accordance with the provisions of sub-section (2) of section 283 of the Companies Act, the adjudication became effective when the appellant failed to file special leave petition against the order dated June 7, 1989, of the appellate court within a period of sev...
1[ds]The decision of the trial judge is reported in Jayesh Ramniklal Doshi v. Carbon Corporation Ltd. [1992] MLJ 1316 ; [1993] 76 Comp Cas 748 (Bom ). We are unable to agree with the view taken by the learned judge and the impugned order is required to be setfind considerable merit in the submission of learned counsel....
1
1,889
579
### 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: and the appeal in the High Court ended in dismissal and in accordance with the provisions of sub-...
Kashinath Bhaskar Datar Vs. Bhaskar Vishweshwar Karve
by either S. 92 proviso 4 of the Evidence Act or S. 17 (1) (b) of the Registration Act, but that does not matter because the present document varies even that agreement and substitutes a third agreement in its place, namely that payment of Rs. 1,800 by instalments at the rate of Rs. 80 a month will effect "payment in f...
0[ds]We are of opinion it does. We agree with the learned Rangoon Judges inU. P. Thin v. Official Assignee, 1938 Rang. L. R. 293 : A. I. R. R. 1938 Rang 285 that one part of the "interest" which a mortgagee has in mortgaged property is the right to receive interest at a certain rate when the document provides for inter...
0
3,483
1,333
### 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: by either S. 92 proviso 4 of the Evidence Act or S. 17 (1) (b) of the Registration Act, but that does not ...
ARNAB RANJAN GOSWAMI Vs. UNION OF INDIA & ORS
Nath Mahato v. T. Ganguly, (1972) 1 SCC 450 : 1972 SCC (Cri) 206 ] , is a matter of judicial determination and before issuing a process, the Magistrate has to examine the complainant. In Punjab National Bank v. Surendra Prasad Sinha [Punjab National Bank v. Surendra Prasad Sinha, 1993 Supp (1) SCC 499 : 1993 SCC (Cri) ...
1[ds]31. In the present case, all the FIRs or complaints which have been lodged in diverse jurisdictions arise out of one and the same incident - the broadcast by the petitioner on 21 April 2020 on R Bharat. The broadcast is the foundation of the allegation that offences have been committed under the provisions of Sect...
1
14,664
2,481
### 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: Nath Mahato v. T. Ganguly, (1972) 1 SCC 450 : 1972 SCC (Cri) 206 ] , is a matter of judicial determination and before issu...
Seth Mathuradas Vs. Commissioner of Income Tax, M. P. and Bhopal
KAPUR J.1. These are two cross appeals which arise out of two orders and judgments of the High Court of Madhya Pradesh at Nagpur. The appellant in Civil Appeal No. 139 of 1956 is the assessee and that in Civil Appeal No. 207 of 959 is the Commissioner of Income-tax The facts of the case are these. Civil Appeal No. 139 ...
0[ds]Considering the additional facts which were placed before the Tribunal and on which it had given a finding in favour of the respondent, Mathuradas, the High Court held that there was, material in favour of the partition set up. It was argued before us that it was really the same partition and there was nothing fre...
0
1,020
184
### 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: KAPUR J.1. These are two cross appeals which arise out of two orders and judgments of the High Court of Mad...
GLOBE GROUND INDIA EMPLOYEES UNION Vs. LUFTHANSA GERMAN AIRLINES
Court has considered powers of the Tribunal to add necessary and proper parties. In the said judgment this Court has held that if the employer named in reference does not fully represent the interests of the employer as such, other persons who are interested in the undertaking of the employer can be joined. But at the ...
0[ds]From a reading of the reference, which is referred to Industrial Tribunal, it is clear that the reference which is required to be answered by the Industrial Tribunal is that, whether the action of the Management of M/s Globe Ground India (Pvt.) Limited, in closing down their establishment on 15.12.2009 and retrenc...
0
3,297
1,076
### 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: Court has considered powers of the Tribunal to add necessary and proper parties. In the said judgment this...
Basant Kumar Sarkar And Others Vs. Eagle Rolling Mills Ltd. And Others
intended to be applied, the class of persons for whose benefit it has been passed and the nature of the benefit which is intended to be conferred on them. Chapter II of the Act deals with the Corporation, Standing Committee and Medical Benefit Council and their constitution; Chapter III deals with the problem of financ...
0[ds]The Act does not prescribe any considerations in the light of which the Central Government can proceed to act under S. 1 (3) and such uncanalised power conferred on the Central Government must be treated as invalid. We are not impressed by this argument. Section 1 (3) is really not an illustration of delegated leg...
0
2,384
989
### 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: intended to be applied, the class of persons for whose benefit it has been passed and the nature of the benefit which is int...
N M Veerappa Vs. Canara Bank
Banking Regulation Act, 1949, as it now stands, would or would not help the Bank as against Order 34 Rule 11 CPC.23. We shall refer to the provision in Section 21-A of the Banking Regulation Act, 1949 as introduced by Act I/1984, w.e.f. 15.2.84. It reads: "S. 21A: Rates of interest charged by banking companies not to b...
1[ds]19. In the present case before us, the trial Court has gone into the facts and stated that the contract rate was not to be granted and that as the Court had discretion to grant interest, it was granting interest only at 6% simple from date of suit. The Court followed State Bank of Mysore v. G.P.Thulasi Bai ILR 198...
1
5,243
1,556
### 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: Banking Regulation Act, 1949, as it now stands, would or would not help the Bank as against Order...
T.N. Saxena and Others Vs. State of Uttar Pradesh and Others
or turn, the direct recruits vacancy arose. Seniority will depend on the length of continuous officiating service and cannot be upset by later arrivals from the open market save to the extent to which any excess promotees may have to be pushed down as indicated earlier.+ + + +Seniority, normally, is measured by length ...
0[ds]A perusal of this letter would clearly show that the quota of the promoted Senior Marketing Inspectors was not at all touched or altered and even the age-limit for the candidates who had been promoted was extended upto 40 years and it is not disputed that respondents 2 to 5 were within thatHigh Court has rightly c...
0
2,775
764
### 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: or turn, the direct recruits vacancy arose. Seniority will depend on the length of continuous officia...
Hemiben Ladhabhai Bhanderi Vs. Saurashta Gramin Bank & Anr
SCDRC . 3. The spouse of the appellant, Ladhabhai Thakarsibhai Bhanderi, was an account holder with the first respondent at its Dhutarpur Branch in the District of Jamnagar in Gujarat. Oriental Insurance Company Limited had launched a group individual accident policy for the account holders of the Bank. Under the terms...
1[ds]The Bank has complied with the order of the NCDRC by handing over a cheque in an amount of Rs 2 lakhs to the appellant. The appellant has declined to encash the cheque of Rs 2 lakhs paid towards compensation on the ground that she is entitled to the full compensation of Rs 5 lakhs as awarded by the District Forum8...
1
1,114
423
### 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: SCDRC . 3. The spouse of the appellant, Ladhabhai Thakarsibhai Bhanderi, was an account holder with the first respondent at ...
Bharat Sanchar Nigam Ltd. Vs. Dhanurdhar Champatiray
paragraph 19 at page 158 this Court observed as follows: "So far as cases falling under Section 11(6) are concerned such as the one before us no time limit has been prescribed under the Act, whereas a period of 30 days has been prescribed under Section 11(4) and Section 11(5) of the Act. In our view, therefore, so far ...
1[ds]11. In the aforesaid decision in the case of Northern Railway Administration (Supra), Arijit Pasayat, J. (as His Lordship then was), found that the High Court in the said case did not appear to have focused on the requirement to have due regard to the qualifications required by the agreement or other conditions ne...
1
2,513
197
### 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: paragraph 19 at page 158 this Court observed as follows: "So far as cases falling under Section 11(6) are concerned such as ...
M/S SHANTI CONDUCTORS(P) LTD. Vs. ASSAM STATE ELECTRICITY BOARD & ORS
will very easily get away from payment of interest only after making payment of Principal amount. This interpretation shall defeat very purposes of 1993 Act. It is well settled that provisions of Act has to be interpreted in the manner so as to advance the object of the Act. We thus fully approve the view taken by this...
0[ds]51. The judgment of this Court in Purbanchal Cables and Conductors Pvt. Ltdrelying onAssam Small Scale Industries and Shakti Tubeshad laid down that Act, 1993 cannot be made applicable with regard to sale agreements which were entered into prior to the enforcement of the Act and Act can be invoked only for the sal...
0
15,098
3,286
### 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: will very easily get away from payment of interest only after making payment of Principal amount. This interpretation shal...
Commissioner Of Income-Tax, U.P Vs. Gappumal Kanhaiya Lal
Fazl Ali, J.1. This appeal from a judgment of the High Court of Judicature at Allahabad dated 31/8/1944 raises the same points as have been discussed in Civil Appeal No. 66 of 1949. The Income-tax Appellate Tribunal referred four questions to the High Court of Judicature at Allahabad under S. 66 (1), Income-tax Act. Th...
0[ds]2. Under S.128, United Provinces Muncipalities Act, 1916, the municipality can impose a tax in the whole or any part of the municipality on the annual value of buildings or land or of both, and a water tax on the annual value of buildings or land or both. Every such tax on the annual value of buildings or land or ...
0
495
243
### 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: Fazl Ali, J.1. This appeal from a judgment of the High Court of Judicature at Allahabad dated 31/8/1944 raises the same po...
Azmat Azim Khan Vs. Board Of Revenue, Uttar Pradesh, Allahabad & Ors
liquidation of secured debts recoverable both from compensation and rehabilitation grant. The sections are set out hereunder:-"23-A. Compensation and rehabilitation grant to be placed at the disposal of the Collector. The Collector shall require the Compensation Officer and Rehabilitation Grants Officer as may be neces...
0[ds]10. The Collector, therefore, by reason of the provisions of the 1934 Act and the 1950 Act requires the Compensation Officer and the Rehabilitation Officer to place the amount of compensation at this disposal. The Collector on receipt of the grant is to expend or utilise the same in liquidation of the amount of th...
0
2,131
638
### 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: liquidation of secured debts recoverable both from compensation and rehabilitation grant. The sections ...
Madan Lal Arora Vs. Excise & Taxation Officer, Amritsar
under the Punjab General Sales Tax Act. He filed returns of his sale turnovers for the four quarters of the financial year ending on March 31, 1955, and likewise, for the four quarters of the financial year ending on March 31, 1956. In respect of each year the Sales Tax Assessing Officer served three successive notices...
1[ds]The period referred, therefore, is the period mentioned earlier in the sub-section, and that is the period in respect of which returns had been furnished by the dealer. This is also made clear by sub-sec. (1) of S. 11. That deals with a case where the returns are accepted. Both sub-secs. (1) and (4) deal with retu...
1
1,143
416
### 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: under the Punjab General Sales Tax Act. He filed returns of his sale turnovers for the four quarters of the financial year...
Union Of India Vs. Rajasthan High Court
these directions. The cause for invoking its jurisdiction suo moto was a news report in regard to a breach of security at Sanganer airport. Matters of security ought to be determined by authorities of the government vested with the duty and obligation to do so. Gathering of intelligence information, formulation of poli...
1[ds]10. A suo moto exercise of the nature embarked upon by the High Court encroaches upon the domain of the executive. In a democracy based on the rule of law, government is accountable to the legislature and, through it, to the people. The powers under Article 226 are wide - wide enough to reach out to injustice wher...
1
2,999
973
### 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: these directions. The cause for invoking its jurisdiction suo moto was a news report in regard to a breach o...
N. MOTILAL & ORS. Vs. FAISAL BIN ALI & ANR.
As noticed earlier the definition of the term landlord as well as the term tenant shows that the Act applies to contractual tenancies as well as cases of statutory tenants and their landlords. On some supposed general principles governing all Rent Acts it cannot be argued that such fixation can only be for the benefit ...
0[ds]Section 4 of the Telangana Act, 1960 provides for determination of fair rent9. The above provision gives right to both the tenant and the landlord of a building to make an application for fixing fair rent. The provision of Section 4(1) cannot be read in a manner that it is not applicable with regard to the contrac...
0
2,830
1,183
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: As noticed earlier the definition of the term landlord as well as the term tenant shows that the Act applies to co...
Shahazada Bi Vs. Halimabi (Dead) By Lrs
respect of each of the seven rooms by adverse title. The most clinching fact was that defendant no.4 had died during the pendency of the suit. Defendant no.4 was in possession of a room leased out to defendant no.5 for rent. Taking into account the above circumstances, the trial Court was right in holding that the suit...
0[ds]9. We do not find any merit in this civil appeal. As stated above, the plaintiffs instituted the suit inter alia for recovery of possession of seven rooms more particularly described in schedule B to the plaint. Schedule B gave detailed description of the suit property. Each of the seven rooms has been marked on t...
0
3,368
1,309
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: respect of each of the seven rooms by adverse title. The most clinching fact was that defendant no.4 had die...
Workmen Of Dahingeapar Tea Estate Vs. Dahingeapar Tea Estate
staff of Dahingeapar Tea Estate. The Industrial Tribunal answered this question in favour of the workmen and made necessary directions as to re-instatement and payment of salary for the period of forced unemployment. On what findings did the Industrial Tribunal so answer the main question? It found that (a) the tea est...
1[ds]In the case before us as between the vendor and the discharged workmen, the latter came within the definition of workmen as they were discharged during the pendency of conciliation proceedings. This fact did not, however, make them workmen of the purchaser. Even then they were persons in whose employment or non-em...
1
4,981
985
### 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: staff of Dahingeapar Tea Estate. The Industrial Tribunal answered this question in favour of the workmen and made necessar...
Commissioner Of Income-Tax, Madras Vs. M/S. Ashok Leyland Ltd
pay him Rs.300 (as consideration for his shares) making together Rs.19,500 (payable in five annual instalments) which he agreed to accept in full satisfaction of all claims against the Company or the Directors. The question was whether the payment of Rs.19,200 was a deductible expenditure. The Special Commissioners dec...
0[ds]16. In G. Scammell and Nephew Ltd. v. Rowles, (1940) ITR Suppl. 41 the Court of Appeal held that the expenditure incurred for the termination of a trading relationship in order to avoid losses occurring in the future through that relationship, whether pecuniary losses or commercial inconveniences, is just as much ...
0
3,186
375
### 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: pay him Rs.300 (as consideration for his shares) making together Rs.19,500 (payable in five annual instalments) which he a...
The Commissioner of Income-tax, Punjab, Haryana, J. & K. & H.P Vs. Prabhu Dayal (dead) by his legal representatives
of carrying on their trade; they were not contracts for the disposal of their products or for the engagement of agents or other employees necessary for the conduct of their business; nor were they merely agreements as to how their trading profits when earned should be distributed as between the contracting parties. On ...
0[ds]10. It was not the case of the Revenue that the assessee was engaged in the business of discovering Kankar or any other mineral. He appears to have found Kankar by mere chance. It is also not the case of the Revenue that the assessee was engaged in the business of bringing about agreements between parties. In fact...
0
3,164
884
### 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: of carrying on their trade; they were not contracts for the disposal of their products or for the eng...
U.P. State Road Transport Corporation Vs. Sandeep Kumar Jain
Allahabad High Court mentioned supra in Civil Miscellaneous Writ Petition no. 48624 of 2002 and the judgment of this Court in Civil Appeal Nos. 7305-7306 of 2003 inasmuch as the very route in question that were Dewal-Bijnor was a subject matter.11. It is well settled law and it is reiterated by this Court in the case o...
1[ds]The Regional Transport Authority had rightly cancelled the permits issued on the ground that the route Dewal to Bijnore is a notified route.10. The Allahabad High Court in the aforementioned judgment in detail on facts had dealt with as to how the private operators were not entitled to ply their vehicles on the no...
1
2,641
470
### 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: Allahabad High Court mentioned supra in Civil Miscellaneous Writ Petition no. 48624 of 2002 and the judgment of this Court...
T.N. Godavaraman Thirumulpad Vs. Union of India & Others
from aluminium segment is Rs. 455 crores (See: website of SIIL). We do not have the list of assets of M/s. VAL. Lastly, as stated above, M/s. VAL is a joint venture partner with OMC Ltd. Nothing prevents M/s. VAL from terminating joint venture agreement. We do not have even the Accounts of M/s. VAL. In the circumstance...
0[ds]We do not wish to express any opinion on the correctness of the said Report. However, we cannot take the risk of handing over an important asset into the hands of the company unless we are satisfied about its credibility.As stated above, under the Agreement between OMC Ltd. and M/s. VAL,the name of the contractor ...
0
2,530
1,273
### 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: from aluminium segment is Rs. 455 crores (See: website of SIIL). We do not have the list of assets of M/s. VAL. Lastly, a...
Pannalal Vs. Dy. Commissioner, Bhandara & Another Etc
that the Dispensary Fund Committees have denied that Mr. Tiwari had entered into contracts on their behalf or that the Committees did not pass any resolution authorizing the Deputy Commissioner to enter into agreement. We consider that the evidence of Mr. Tiwari is in consonance with circumstances of this case. This po...
1[ds]5. But even apart from contract we have no hesitation in holding that in all the three cases liability under Section 70 of the Contract Act clearly arises. We do not understand why the High Court thinks that the Dispensary Fund Committees cannot be regarded as the owners or beneficiaries of the buildings of the ho...
1
3,193
497
### 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: that the Dispensary Fund Committees have denied that Mr. Tiwari had entered into contracts on their behalf or...
Rattan Lal Vs. Vardesh Chander and Others
111 in regard to notice was not based upon any principle of justice, equity and good conscience. In the first instance it may be observed that it is erroneous to suppose that every provision in the Transfer of Property Act and every amendment effected is necessarily based on principles of justice, equity and good consc...
0[ds]We cannot agree to this feebly asserted argument. A lease merely stating that it is for a period less than one year is ex facie for an indefinite period and, as such, cannot expire by efflux of time. Nor are we convinced that, notwithstanding the acceptance of rent for the period of 11 years the landlord had not a...
0
7,480
1,975
### 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: 111 in regard to notice was not based upon any principle of justice, equity and good conscience. In the first ins...
CHINTELS INDIA LTD Vs. BHAYANA BUILDERS PVT. LTD
as a consequence of rejection of the application for condonation of delay and there has been no enquiry as regards the rights of the parties on the issue of setting aside of the award. The appealable order which is contemplated for the purpose of exercise of appellate jurisdiction is the one which deals with the merits...
1[ds]8. A reading of section 34(1) would make it clear that an application made to set aside an award has to be in accordance with both sub-sections (2) and (3). This would mean that such application would not only have to be within the limitation period prescribed by sub-section (3), but would then have to set out gro...
1
11,047
7,291
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: as a consequence of rejection of the application for condonation of delay and there has been no e...
Girijanandan Singh Parashram (Deceased) by His Lrs Vs. New Cotton Ginning and Pressing Company
Dr. A. S. Anand, J. This is a tenants appeal. The predecessor-in-interest of the appellant was inducted as a tenant of the demised premises in 1948 at a monthly rent of Rs. 25. On 11.12.1947, the respondent-landlord filed an application before the Rent Controller, Akot seeking permission to terminate the tenancy of the...
1[ds]Since the appellant was present in Court, Mr. Mohta, on instructions from the appellant, submitted that the appellant was willing to increase the rent and to pay the same as may be fixed by the Court. It appears to us, keeping in view the present income of the appellant, which is stated to be about Rs. 4,000 per m...
1
946
172
### 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: Dr. A. S. Anand, J. This is a tenants appeal. The predecessor-in-interest of the appellant was inducted as a...
Devi Multiplex Vs. State Of Gujarat
by promissory estoppel to exclude the cost of corrugated fibreboard containers from the value of the goods for the purpose of assessment of excise duty for the period 24-5-1976 to 2-11-1982.”36. The limitations to the doctrine delineated in Motilal Padampat Sugar Mills3 however, were also reaffirmed when it was said: (...
1[ds]This first level of extensions for a total period of two years could be granted by the State Level Committee and even if a unit was unable to go into operation after availing such extensions, it could still apply to the Government for further extension. Clauses 8 and 8.1 dealt with incentives and period of eligibi...
1
6,740
870
### 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: by promissory estoppel to exclude the cost of corrugated fibreboard containers from the value of the goods f...
Pandit Sri Chand And Ors Vs. M/S. Jagdish Parshad Kishan Chand
and the deceased respondent; (b) when the appellant could not have brought the action for the necessary relief against those respondents alone who are still before the court and (c) when the decree against the surviving respondents, if the appeal succeeds, be ineffective that is to say it could not be successfully exec...
0[ds]In our view this objection must be upheld. The appeal of Basant Lal has abated since the legal representatives to his estate have not been impleaded, and the record of the appeal is defective. That is not denied by the appellants. But it is urged that this Court is competent to set aside an order of the High Court...
0
2,661
833
### 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: and the deceased respondent; (b) when the appellant could not have brought the action for the necessary rel...
Bombay Municipal Corporation Vs. Life Insurance Corporation Of India, Bombay
in the definition. The expression "permitted increase" is defined by S. 5 (7) to mean an increase in rent permitted under the provisions of the Act. Section 5 (3) defines the word "landlord" as meaning any person who is for the time being receiving or entitled to receive rent in respect of any premises etc. Section 5 (...
1[ds]It is quite clear that Sec. 7 does not prohibit the recovery of the increase to which landlord may be entitled under the provisions of the Act in addition to the standard rent.The obvious implication of the definition of "permitted increase" in Section 5 (7) is that such an increase becomes a part of the rent.The ...
1
1,770
537
### 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: in the definition. The expression "permitted increase" is defined by S. 5 (7) to mean an increase in rent p...
Dinesh Borthakur Vs. State Of Assam
commission of such a ghastly crime would run away from the scene of occurrence but he did not do so. Even if he was to pretend that he did not know about the said occurrence, he could have stayed back in his office waiting for the call of his neighbours about the death of his wife and daughter.46. His conduct or reacti...
1[ds]33. A finding of guilt cannot be based on a presumption. Before arriving at an inference that the appellant has committed an offence, existence of materials therefor ought to have been found. No motive for committing the crime was identified which, in the facts and circumstances of the case, was relevant. How the ...
1
5,228
2,897
### 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: commission of such a ghastly crime would run away from the scene of occurrence but he did not do so. Even if...
U.P. Co-Operative Federation Ltd Vs. Singh Consultants & Engineers (P) Ltd
one bank and another. If such temporary injunctions were to be granted in a transaction between a banker and a banker, restraining a bank from recalling the amount due when payment is made under reserve to another bank or in terms of the letter of guarantee or credit executed by it, the whole banking system in the coun...
1[ds]13. The trial court in its judgment held that the Bank should be kept to fulfil its obligations and commitments and the court should not come in the way. But that principle was distinguished by the High Court on the ground that the respondent was seeking relief against the U.P. Cooperative Federation Ltd. and the ...
1
10,075
797
### 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: one bank and another. If such temporary injunctions were to be granted in a transaction between a banker and a banker, restr...
D. Vinod Shivappa Vs. Nanda Belliappa
of its partners the statutory notice under Section 138 of Act and received the postal acknowledgement of the notice on June 15, 1998 which was the last date of limitation on the basis of the said notice. However, the appellant again presented the cheque on July 1, 1998 which was again dishonoured on July 2, 1998. The a...
0[ds]12. Section 138 of the Act was enacted to punish those unscrupulous persons who purported to discharge their liability by issuing cheques without really intending to do so, which was demonstrated by the fact that there was no sufficient balance in the account to discharge the liability. Apart from civil liability,...
0
4,736
1,159
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of its partners the statutory notice under Section 138 of Act and received the postal acknowledgement of the noti...
ANAND MURTI Vs. SONI INFRATECH PRIVATE LIMITED & ANR
Private Limited vide its order dated 22.11.2019 for the CIRP got admitted. 11. That suspended Director has preferred an Appeal before Honble NCLAT and Honble NCLAT vide it order dated 19.12.2019 were pleased to grant stay on CIRP. 12. That as per the direction of the Honble NCLAT, i have filed the settlement terms/Reso...
1[ds]18. It could thus be seen that though a meeting of various stakeholders was conducted on 23rd October, 2021 in pursuance to the directions issued by the NCLAT dated 29th September, 2021 and in which meeting most of the issues stood resolved, the NCLAT has failed to take into consideration the minutes of the said m...
1
3,605
631
### 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: Private Limited vide its order dated 22.11.2019 for the CIRP got admitted. 11. That suspended Director has preferred an Ap...
State of Gujarat Vs. Kumar Ranjit Singhji Bhavan Singhji & Others
Shah, J. 1. Kumar Shri Ranjit Singhji Bhavan Singhji - hereinafter called the respondent - was the holder of a Jagir of four villages - Saloz, Vaurkhan, Kambalad and Thambla in Taluka, Jambegam, District Baroda. These villages were granted by a Sanad, dated August 18, 1885, to the father of the respondent by then Ruler...
0[ds]4. for the State in support of the appeal however relied upon the judgment of this Court in Shri U. R. Mavinkurve v. Thakore Madavsinghji Gambhirsinghji. ((1965) 3 SCR 177.) In that case the holder of a Jagir in the State of Gujarat was on the application of the Bombay Merged Territories and Areas (Jagirs Aboliti...
0
761
315
### 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: Shah, J. 1. Kumar Shri Ranjit Singhji Bhavan Singhji - hereinafter called the respondent - was the holder o...
Citibank N.A Vs. Statndard Chartered Bank
the section, performance "by a stranger, accepted by the promisee, produces the result of discharging the promisor, although the latter has neither authorised nor ratified the act of the third party."52. The learned Special Court tell in error in holding that S.41 of the Contract Act would be more appropriately applica...
1[ds]42. Admittedly, the original BR 47 was discharged and delivered back to Citibank. The same has been produced by the Citibank from its possession. The return of original with an endorsement on its reverse duly signed by the officer of SCB amounts to discharge of the BR. This was the mode of discharge of BRs. The di...
1
10,212
553
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the section, performance "by a stranger, accepted by the promisee, produces the result of discharging t...