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Commissioner of Sales Tax, U. P., Lucknow Vs. Super Cotton Bowl Refilling Works
was maintainable by the decision of the High Court. Here in the instant case the right of appeal has been given under the Act not to any ordinary court of the country under the Code of civil Procedure but to the courts enumerated under the Sales Tax Act and the revision is contemplated under the provisions of the Sales...
0[ds]4. Shri Manchanda for the appellants and Shri Raja Ram Agarwal for the respondents both submitted that the judgment under appeal is not correct though for different reasons. It is necessary to refer to the scheme of the Act and the amendments from time to time effected therein. Broadly speaking, the amendment is m...
0
6,006
3,354
### 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: was maintainable by the decision of the High Court. Here in the instant case the right of appeal has been gi...
Treogi Nath Vs. The Indian Iron & Steel Co. Ltd
suggested that S. 33-C (2) of the Act makes a provision in respect of Labour Courts of the same nature as the provision made by S. 18 (2) of the Bengal, Agra and Assam Civil Courts Act in respect of Subordinate Judges or Munsifs, and since Subordinate Judges and Munsifs can exercise jurisdiction by virtue of S. 13 (1) ...
1[ds]The language of sub-section (2) of S. 33-C is perfectly clear in laying down that the computation in terms of money of the benefit claimed by a workman is to be made by such Labour Court as may be specified in this behalf by the appropriatewas conceded by counsel for both parties that there was no general or speci...
1
3,119
1,167
### 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: suggested that S. 33-C (2) of the Act makes a provision in respect of Labour Courts of the same nature as the pro...
Kuldeep Singh Vs. Ganpat Lal
Section 13, a tenant shall be deemed to have paid or tendered the amount of any rent due from him, if he has paid, remitted or deposited the amount of rent by any of the methods specified in sub-section (3). Under sub-section (3), apart from personal payment of rent to the landlord, three others modes have been prescri...
0[ds]5. The High Court has held that in view of the language of clause (c) of sub-section (3) of Section 19-A, a deposit in the court can be made only if the conditions laid down in clause (c) are fulfilled and if the said conditions are not fulfilled, the deposit would not be treated as a valid deposit under clause (c...
0
3,426
755
### 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: Section 13, a tenant shall be deemed to have paid or tendered the amount of any rent due from him, if he has...
MAXIMUS ARC LIMITED Vs. M/S. SRI DEVI KARUMARIAMMAN EDUCATIONAL TRUST AND ANOTHER
1. Leave granted. 2. The 1st respondent, which is an educational trust running a medical college and an engineering college, had availed loans from the Central Bank of India and Bank of India. It had mortgaged certain properties as security for repayment of the loans received. As far as the Bank of India is concerned, ...
1[ds]4. True it is, that the ad-interim order was passed without having the reply of the Trust on record but the fact remains that the Trust has placed its view by filing the LPA and all it wanted to say has been said in the LPA. Be that as it may, we are clearly of the view that the Division Bench erred in permitting ...
1
440
171
### 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: 1. Leave granted. 2. The 1st respondent, which is an educational trust running a medical college and ...
RAGHWENDRA SHARAN SINGH Vs. RAM PRASANNA SINGH(DEAD)
to be looked into for deciding the application are the averments of the plaint only. If on an entire and meaningful reading of the plaint, it is found that the suit is manifestly vexatious and meritless in the sense of not disclosing any right to sue, the court should exercise power under Order 7 Rule 11 CPC. Since the...
0[ds]6.1 At the outset, it is required to be noted that the plaintiff has instituted the suit against the defendant for a declaration that the defendant has acquired no title and possession on the basis of the deed of gift dated 06.03.1981 and that the plaintiff has got title and possession in the said property. In the...
0
4,627
1,312
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to be looked into for deciding the application are the averments of the plaint only. If on an entire an...
Charity Commissioner, Bombay Vs. Administrator of The Shringeri Math & Its Properties
worship within the meaning of the definition in Section 2 (9) of the Act." He observed:"There is no dispute that there are idols of Shri Adya Shankaracharya and Shri Dattatraya in this institution and worship of those idols is carried on there. The festivals which are held and which are attended by the public who are i...
0[ds]15. It seems to us that, in few of the above authorities, in order to determine the situs of the trust, which consists of a Math and a subordinatemath or maths, it is the situs of the principal math which will determine the applicability of the Act. We need not here decide the position of an independent real math ...
0
2,130
186
### 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: worship within the meaning of the definition in Section 2 (9) of the Act." He observed:"There is no dispute ...
Naresh K. Aggarwala & Co Vs. Canbank Financial Services Ltd.
Delhi Stock Exchange rules, bye-laws and regulations." In the face of such an admission, the Special Court, in our opinion, has correctly concluded, as noticed above. In our opinion the view expressed by the Special Court does not call for any interference. 20. The contention that the circular did not apply to unlisted...
0[ds]15. Upon consideration of the submissions made by the learned counsel for the parties we have examined the material on the record. It is not disputed before us that there were, in fact, two transactions with regard to RIL shares dated 14.2.1992 and 23.3.1992. The Special Court notices that the appellant claims to ...
0
7,152
1,218
### 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: Delhi Stock Exchange rules, bye-laws and regulations." In the face of such an admission, the Special Court, in our opinion...
Polymat India P.Ltd. Vs. National Insurance Co.Ltd.&Ors
complainant wanted some amendments in both policies i.e. coverage of goods lying outside plant including the expression factory ‘cum- godown as there was no godown in existence but those amendments were not agreed to by the insurance company, they only agreed to make amendment of incorporation of name of the Bank, i.e....
1[ds]The Insurance Company by the communication dated 23rd April, 1992 agreed to only amendement to the extent of the name of the Bank, namely, Allahabad Bank as maortgagee and no further amendment was made in the original Policies. This was also confirmed by the evidence of sole witness Shri Samaresh Sarkar, Divisiona...
1
4,818
765
### 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: complainant wanted some amendments in both policies i.e. coverage of goods lying outside plant includin...
B.C. Kame Vs. Nemi Chand Jain
the following grounds only, namely:-(a) that the tenant has neither paid nor tendered the whole of the arrears of the rent legally recoverable from his within two months of the date on which a notice of demand for the arrears of rent has been served on him by the landlord in the prescribed manner;X X X X X X"By sub-sec...
0[ds]4. The order passed by the District Court setting aside the judgment passed by the court of First Instance in respect of those premises in respect of which there was default in payment of rent was plainly erroneous and the High court was right in setting aside the order.In the present case the defendant did not pa...
0
2,064
401
### 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 following grounds only, namely:-(a) that the tenant has neither paid nor tendered the whole of the arrea...
Desiya Murpokku Dravida Kazhagam Vs. Election Commission Of India
in Rama Kant Pandey Vs. Union of India [(1993) 2 SCC 438] , while holding that creation of distinction between candidates of recognized parties and other candidates, though alleged to be artificial, inconsistent with the spirit of election law, discriminatory, giving important and special treatment to party system in d...
0[ds]31. The submissions made on behalf of the writ petitioners regarding the constitutional validity of the Election Symbols Order, 1968, and the power of the Election Commission to settle issues relating to claims of splinter groups to be the original party, had fallen for the decision of this Court about forty years...
0
7,425
672
### 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: in Rama Kant Pandey Vs. Union of India [(1993) 2 SCC 438] , while holding that creation of distinction between candidates...
Chariman & M.D.,Bharat Pet.Corpn.Ltd&Ors Vs. T.K. Raju
do anything which could be unbecoming of its Management Staff. Clause 22 of Part II of the Rules categorically debars an employee from raising any loan in the following terms: No Management Staff of the Corporation shall, save in the ordinary course of business with a bank, the Life Insurance Corporation or a firm of s...
1[ds]19. In the aforementioned situation, the High Court in our opinion committed a manifest error in relying upon Kalra (supra) and Glaxo (supra), as we have noticed hereinbefore, that the Respondent was not charged in terms of the Rules alone. He was charged for violation of several other clauses of the Rules. The Hi...
1
3,128
335
### 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: do anything which could be unbecoming of its Management Staff. Clause 22 of Part II of the Rules categorically debars an ...
Income Tax Officer, Kolar & Another Vs. Seghu Buchiah Setty
been issued even in respect of the smaller amount which is ultimately found to be the tax properly payable. That being so, the assessee was under an obligation to pay it by the date fixed and if he did not pay it by that date, he became a defaulter" see Ladhuram Taparia v. D. K. Ghosh, 1958-33 ITR 407 at pp. 423, 424: ...
0[ds]It will be noticed that this section is not confined to the effect of a failure to comply with the terms of a notice of demand issued under S. 29 but makes the same consequence arise on the failure to carry out the terms of a notice under S. 23A(3) and orders under Sections 31 and 33. That consequence is that the ...
0
4,591
4,366
### 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: been issued even in respect of the smaller amount which is ultimately found to be the tax properly payable. That being so...
M/S. Mutha Associates Vs. State Of Maharashtra
words is not enough. What is necessary is to give full particulars of such allegations and to set out the material facts specifying the particular person against whom such allegations are made so that he may have an opportunity of controverting such allegations. The requirement of law is not satisfied insofar as the pl...
0[ds]The High Court was, in our opinion, perfectly justified in holding that the order passed by the Minister lacked objectivity and was hasty without due and proper consideration of the relevant circumstances and the material on record. There is, in our view, no infirmity in the said findings nor was any serious attem...
0
10,628
640
### 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: words is not enough. What is necessary is to give full particulars of such allegations and to set out the ...
M/S. Siemens Ltd Vs. State Of Maharashtra
payment of cess with interest immediately in respect of the purported supplies made to Navi Mumbai parties right from 1.06.1996. It was, however, stated: "You are also requested to attend at above address at 11.00 a.m. on 4.7.05 hearing. I am enclosing herewith the photocopies of the bills raised by Aurangabad Daman di...
1[ds]13. A bare perusal of the order impugned before the High Court as also the statements made before us in the counter affidavit filed by the respondents, we are satisfied that the statutory authority has already applied its mind and has formed an opinion as regards the liability or otherwise of the appellant. If in ...
1
1,463
113
### 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: payment of cess with interest immediately in respect of the purported supplies made to Navi Mumba...
Jagdish Narain Maltiar Vs. State of Bihar & Others
Chandrachud, J.1. This appeal is founded on a certificate granted by the Patna High Court under Article 133 (1) (a) of the Constitution.2. The appellant was appointed as a Supply Inspector in 1948. In 1957, while he was in charge of the Wagerganj Godown a complaint of bribery was made against him. An inquiry was held i...
0[ds]Reliance is placed in support of this argument on the decision in Satyanarain Prasad v. State of Bihar, (1970) 2 SCC 275 but that case, in our opinion, is clearly distinguishable. Proceedings were started therein against a Government servant who was asked to show cause why he should not be removed from service. ...
0
868
553
### 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: Chandrachud, J.1. This appeal is founded on a certificate granted by the Patna High Court under Article 133 (1) (a) of th...
Pioneer Dyeing House Limited Vs. Shanker Vishnu Marathe
Rs. 1,85,000 strikes us as arbitrary and unreasonable. The location of the property, its extent and its potentialities indicate that the property is capable of fetching a much higher price. (41) UNDER the earlier part of clause (i) (a) of the scheme, the managing director agrees to transfer the land under the building ...
1[ds]The answer to this question can, in our opinion, be found in section 153 of the Indian Companies Act, 1913, which governs the present proceedings. Section 153 provides by(1), in so far as is material, that where a compromise or arrangement is proposed between a company and its creditors or its members, the court m...
1
8,958
2,991
### 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: Rs. 1,85,000 strikes us as arbitrary and unreasonable. The location of the property, its extent and its potentialities ind...
Raja Jagdambika Pratap Narain Singh Vs. Central Board Of Direct Taxes & Ors
for instance, if there is a flagrant violation of natural justice, the order by a Tribunal may be a nullity. However, we need not explore this penumbral area because we are satisfied, for reasons to be set out below, that the writ petition itself is misconceived and is bad for unexplained delay. Even so we may state th...
0[ds]We have no reason to disagree with this view and proceed to dispose of this writ appeal which has come to us by certificate under Art. 133 (1) (a) of the constitution on the footing that for all the assessment years with which we are concerned - as will be explained presently - what has been taxed and is in disput...
0
3,328
1,321
### 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: for instance, if there is a flagrant violation of natural justice, the order by a Tribunal may be a nullity. However, we n...
Sri Sivalaya Advances and Ors Vs. Tax Recovery Officer - 2, Income Tax Offices, Madurai
the petitioners is formidable, on a closer scrutiny, the legal position is totally otherwise. As per Rule 11(3) of the second schedule, the objector or claimant must adduce evidence to show that in the case of immovable property on the date of the service of the notice issued under this schedule to pay arrears, he had ...
1[ds]7. This Court carefully considered the rival contentions. Two facts are not in dispute. The vendor of the writ petitioners herein is a defaulter-assessee and that he alienated the subject properties only after receipt of notice under Rule 2 of the Second Schedule to the Income Tax Act. Secondly, the orders of atta...
1
4,239
1,275
### 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 petitioners is formidable, on a closer scrutiny, the legal position is totally otherwise. As per Rule 11(3) of the secon...
DLF HOMES PANCHKULA (P) LTD. THROUGH ITS AUTHORISED SIGNATORY MR. SHIV KUMAR Vs. SUSHILA DEVI
hearing learned counsel for both sides, this Court had passed following directions: - 8. Having regard to the above submission, we indicated to the learned counsel appearing on behalf of the flat purchasers that it would be appropriate if the interest as ordered by NCDRC at 9% per annum is made payable over the period ...
1[ds]11. Column No.13 of the tabulated chart denotes element of interest @ 9% while Column No.16 denotes the amount that had been received by the Developer. Column No.14 shows the amounts of FDRs deposited by the Developer in respect of every Complainant, while Column No.17 shows amount payable to every Complainant or ...
1
1,979
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: hearing learned counsel for both sides, this Court had passed following directions: - 8. Having regard to the abov...
V. Rangaiah and Others Vs. J. Sreenivasa Rao and Others
10 in the category of Lower Division Clerks, i.e., much higher to the respondents Nos. 3 to 15. Had a list been prepared as on 1st September, 1976 in accordance with prescribed rules and instructions the petitioners by virtue of their high seniority among the Lower Division Clerks stood a fair chance of being appointed...
0[ds]9. Having heard the counsel for the parties, we find no force in either of the two contentions. Under the old rules a panel had to be prepared every year in September. Accordingly, a panel should have been prepared in the year 1976 and transfer or promotion to the post ofGrade II should have been made out of that ...
0
1,917
204
### 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: 10 in the category of Lower Division Clerks, i.e., much higher to the respondents Nos. 3 to 15. Had a...
The Cachar Chah Sramik Union Silchar, Assam Vs. The Management Of The Tea Estate Of Cachar,Assam
be given by the employer and workmen.Notice of termination of employment, whether by Manager or by worker, shall be given equal to the wage-period of the worker concerned.Provided that-(a) the Manager may terminate the employment of a worker forthwith and pay his wages for the wage-period (equivalent to his average ear...
0[ds]The Tribunal has found that there was no victimisation on unfair labour practice or mala fide on the part of the management in closing the gardens or in making the retrenchment. Mr.Aggarwala on behalf of the appellant did not challenge the finding of the Tribunal on this point, but learned Counsel argued that even...
0
3,345
904
### 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: be given by the employer and workmen.Notice of termination of employment, whether by Manager or by wo...
Labhkuwar Bhagwani Shaha and Others Vs. Janardhan Mahadeo Kalan and Another
resisted the suit contending that the landlords need was not bona fide and that defendant 2 had been let in possession of the suit godown as a sub-tenant in March 1959 and as such was protected under Ordinance 3 of 1959. The trial court decreed the suit upholding both the grounds put forward by the landlords. The matte...
1[ds]5. Counsel for the respondent relied upon a decision of this Court in Mohd. Shafi case (Mohd. Shafi v. VII Addl. Dist. & Sessions Judge, AIR 1977 SC 836 : (1977) 2 SCC 226 : (1977) 2 SCR 464 ) but in our view the same cannot avail the respondent. The question that arose there was whether Explanation (iv) to Sect...
1
1,174
170
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: resisted the suit contending that the landlords need was not bona fide and that defendant 2 had been let in p...
Director of Endowments, Government of Hyderabad & Others Vs. Akaram Ali
His will, as expressed in his Firman, was the law of the land. Therefore, even if it be assumed that the respondent was in possession, his rights to immediate possession, whatever they may have been, were taken away and held in abeyance till he could establish them in the civil Courts.The question now arises whether th...
1[ds]6. We do not intend to say anything about the facts of title and possession lest it prejudice further litigation, should there be any. We will assume, without deciding, that all that the respondent says about his hereditary rights and his possession is true. But whether he was in possession or not whatever rights ...
1
2,380
522
### 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: His will, as expressed in his Firman, was the law of the land. Therefore, even if it be assumed that the respondent was in ...
Lakshmi Rattan Engineering Works Vs. Regional Provident Fund Commissioner, Punjab, and Others
contention of the appellant that the date of establishment in its case should be taken as 23 May, 1955 when it acquired the factory from the Government has therefore no force.Then it is urged that in any case the appellant merely acquired the machinery and premises of the factory and re-started the factory after its ac...
0[ds]3. We are of opinion that there is no force in this contention. The words of S. 16(1)(b) are quite clear and leave no room for doubt that the period of three years should count from the date on which the establishment was first established and the fact that there has been a change in the ownership makes no differe...
0
1,980
680
### 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: contention of the appellant that the date of establishment in its case should be taken as 23 May, 1955 when i...
Subhash Chandra Sen (D) thr. L.Rs. and Ors Vs. Nabin Sain (D) thr. L.Rs
S. Abdul Nazeer, J.1. Nabin Sain alias Nabin Chandra Sen filed a suit against Subhash Chandra Sen and Ors. for partition of his 3/5th share in the suit Schedule property. On 06.08.2001, trial court passed a decree granting the Plaintiff 3/5th share in the suit Schedule property on the following terms:This suit coming o...
1[ds]5. We have carefully considered the submissions of the learned Counsel appearing for the parties. There is no dispute as to the share allotted by the trial court in favour of the parties. The Plaintiff was allotted 3/5th share and the Defendant was allotted 2/5th share in the suit Schedule property. It is clear th...
1
1,072
250
### 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: S. Abdul Nazeer, J.1. Nabin Sain alias Nabin Chandra Sen filed a suit against Subhash Chandra Sen and Ors. for partition of...
THE STATE OF ANDHRA PRADESH Vs. M/S LINDE INDIA LTD. (FORMERLY BOC INDIA LTD)
meted out to them. 27. In Panki Oxygen v State of Uttar Pradesh, 2014 SCC Online All 2144 the question before the High Court of Allahabad was whether tax on Oxygen IP under the Uttar Pradesh Trade Tax Act was to be levied under the Entry Medicine and Pharmaceutical Preparation or under the Entry Oxygen and other gases....
0[ds]15. In the above view, Section 3(b)(i) stipulates that medicines or substances used for or in the diagnosis, treatment, mitigation or prevention of any disease or disorder in human beings, or animals shall be included within the ambit of the definition. It is significant to note the use of the phrase for or in in ...
0
6,593
1,270
### 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: meted out to them. 27. In Panki Oxygen v State of Uttar Pradesh, 2014 SCC Online All 2144 the question ...
Commercial Taxes Officer Vs. A Infrastructure Ltd
Court posed the following question:- “7. The simple question before us is whether the Bench which decided Pine Chemicals is right in holding that the benefit of the said sub-section is available even where the goods are exempted with reference to industrial unit and for a specified period, viz., period of five years fr...
0[ds]20. On an analysis of the scheme of the Act, it is manifest that there is difference between exempted goods, i.e., goods on which no Value Added Tax is payable and are, therefore, not taxable and other cases where a particular transaction when it satisfies specific condition is not taxable. In this regard referenc...
0
6,362
609
### 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: Court posed the following question:- “7. The simple question before us is whether the Bench which decided Pine Chemicals i...
V. SURENDRA MOHAN Vs. STATE OF TAMIL NADU
the number of posts reserved for the three categories mentioned in Section 33 of the Act in respect of persons suffering from the disabilities spelt out therein……………………………”37. This Court in Union of India and Another Vs. National Federation of the Blind and Others, (2013) 10 SCC 772 has elaborately examined the objects...
0[ds]4. The advertisement, thus, clearly provided that post of Civil Judge has been identified as suitable for partially deaf/partially blind/ortho categories of differently abled persons (40%-50% disability). In the online application submitted by petitioner in the column ofy, he has only mentionedof disability, which...
0
8,467
2,176
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the number of posts reserved for the three categories mentioned in Section 33 of the Act in respect of persons suffering fr...
M/s. Lakshmiji Sugar Mills Company Private Limited Vs. Commissioner of Income Tax, New Delhi
compulsion if the roads were built for facilitating transportation and improving the business and the flow of supply to and from the factories of the assessee.4. We are unable to agree with the reasoning or the conclusion of the High Court. The general principles governing the determination of the question whether an e...
1[ds]The Calcutta High Court had occasion to consider an identical question in Commr. of Income-tax, West Bengal v. Hindusthan Motors Ltd., (1968) 68 ITR 301 (Cal) . There the location of a factory of motor car manufacturing company was a little distance away from the main road. The approach road belonged to the govern...
1
1,559
958
### 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: compulsion if the roads were built for facilitating transportation and improving the business and the flow o...
Girja Shankar Kashi Ram Vs. The Gujarat Spinning & Weaving Co. Ltd
application under S. 42(4) but where the representative union does not choose to appear, there are provisions in Ss. 32 and 33 which permit others to appear in proceedings under the Act. Section 32 gives power to a conciliator, a board, a wage board, a labour court and the industrial court to permit an individual, whet...
0[ds]It will be seen that S. 27A provides that no employee shall be allowed to appear or act in any proceedings under the Act, except through the representative of employees, the only exception to this being the provisions of Ss. 32 and 33. Therefore, this section completely bans the appearance of an employee or of any...
0
3,315
1,417
### 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: application under S. 42(4) but where the representative union does not choose to appear, there are provisions in Ss. 32 a...
Rupajan Begum Vs. Union of India & Others
at Serial No.13 of the said list had come into existence.12. A set of modalities for preparation of the NRC was formulated by the State Government through a Cabinet sub-committee. The sub-committee which was initially constituted on 3rd August, 2010 had been reconstituted from time to time. The modalities were discusse...
1[ds]8. A reading of the order of the High Court would go to show that according to the High Court the document in question was a means to facilitate a claim for inclusion in the NRC by reference to a document which is post 24th March, 1971 i.e. cut off date on the basis of which citizenship under Section 6A of the Cit...
1
2,083
911
### 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: at Serial No.13 of the said list had come into existence.12. A set of modalities for preparation of t...
VASANT CHEMICALS LTD Vs. HYDERABAD METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD THE MANAGING DIRECTOR
not found to be consistent with the prescribed parameters;4. In terms of Clause 28, an amount of rupees one lakh per month is to be paid by JETL towards maintenance of the sewer line. Additionally, JETL has to pay sewerage maintenance and sewerage treatment charges @ Rs.6 per thousand litres of treated effluents;5. Fur...
0[ds]Admittedly, JETL is neither a consumer of bulk water supply nor generating any sewage/industrial effluents of its own. The effluents of the appellant industry are not of acceptable standards for transmissionsystem of theBoard. Before the effluents of the appellant industry are to be let into the sewer line of the ...
0
8,719
2,273
### 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: not found to be consistent with the prescribed parameters;4. In terms of Clause 28, an amount of rupees one lakh p...
C. M. Arumugam Vs. S. Rajgopal and Others
after his reconversion to Hinduism, any step had been taken by the members of the Adi Dravida caste indicating that he was being accepted as a member of that caste. The first respondent, therefore, in the present case, led considerable oral as well as documentary evidence tending to show that subsequent to January-Febr...
0[ds]The first respondent must be held bound by the concession made by him on a question of fact before the High Court. We cannot, therefore, permit the first respondent to raise an argument that the evidence on record does not establish that he embraced Christianity in 1949. We must proceed on the basis that he was co...
0
8,244
2,578
### 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: after his reconversion to Hinduism, any step had been taken by the members of the Adi Dravida cas...
Arati Paul Vs. The Registrar, Original Side, High Courtcalcutta & Ors
as a judgment amounting to a decision by consent of parties. In the case before us, the position is different. No appeal was ever sought to be filed against the order of Mallick, J. dated 1st April, 1963. Further the language of the agreement of the parties, on the basis of which Mallick, J. proceeded to make that orde...
0[ds]17. A review of all these decisions shows that the question as to the nature of an order made in circumstances similar to those with which we are concerned has been considered both in England and in India primarily for the purpose of deciding whether such an order is subject to an appeal like an ordinary judgment ...
0
8,522
1,192
### 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: as a judgment amounting to a decision by consent of parties. In the case before us, the position is differen...
Southern Power Distribution Company Of Telangana Ltd. Through Its Cmd Vs. Gopal Agarwal
L. Nageswara Rao, J.1. The Writ Petition filed by Respondent No.1 challenging the action of the Appellants in not releasing the Low Tension (domestic) Power Supply was allowed by a Single Judge of the Andhra Pradesh High Court. The appeal filed by the Appellants was dismissed by the Division Bench. Challenging the lega...
0[ds]6. We have heard the learned counsel appearing for the parties and we are of the opinion that there is no reason to interfere with the judgment of the High Court. The High Court relied upon the judgment in Isha Marbles(supra) to grant relief to the First Respondent. It was held in the said judgment that an auction...
0
947
386
### 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: L. Nageswara Rao, J.1. The Writ Petition filed by Respondent No.1 challenging the action of the Appellants i...
The Godavari Sugar Mills Ltd Vs. Shri D. K. Worlikar
the said manufacture, and (2) all agricultural and industrial operation connected with the growing of sugarcane or the said manufacture, engaged in such concerns. Note: For the purposes of this notification all service or employment connected with the conduct of the above industry shall be deemed to be part of the indu...
1[ds]It is common ground that if the notification applies to the case of the respondent the application made by him to the Labour Court would be competent and would have to be considered on the merits; on the other hand, if the said notification does not apply then the application is incompetent and must be dismissed i...
1
2,008
827
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the said manufacture, and (2) all agricultural and industrial operation connected with the growin...
Shri Chatrasinghji Kesari Singhji Thakore Vs. Commissioner Of Income-Tax, Bombay
the terms of the lease claim reimbursement, must therefore be regarded as income within the meaning of the Indian Income-tax Act, and unless specially exempted, liable to tax. The appellant did not purport to collect local fund cess on behalf of the State Government: nor did the Syndicate pay the amount to him as an ag...
0[ds]9. There is nothing in the Income-tax Act which prevents the Revenue authorities from determining the quantum of the amount which is payable by the appellant as local fund cess, when that question properly arises before them in the course of proceedings for assessment. The Income-tax Officer is within the limits a...
0
3,041
801
### 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 terms of the lease claim reimbursement, must therefore be regarded as income within the meaning of ...
The Collector Of Customs, Madras Vs. K. Ganga Setty
open to judicial review and had ultimately to be decided by the Courts, (2) in the case before the Court, Entry 32 reading "grain" had, in the absence of any specific entry regarding oats, to be read as excluding all grains which would be "fodder" i.e., which were usually used as cattle or animal feed, and that as the ...
1[ds]8. In the present case it could not be contended that uncrushed oats did not answer the description of "grain" and therefore the decision of the Customs authorities holding that the oats imported fell within Item 32 could not be said to be a view which on no reasonable interpretation could be entertained. In other...
1
1,987
538
### 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: open to judicial review and had ultimately to be decided by the Courts, (2) in the case before the Court, Ent...
The Dooars Tea Co., Ltd Vs. Commissioner Of Agricultural,Income-Tax, West Bengal
to be included within the definition of income under S. 2(1) (b) we apprehend that the whole clause would have been very differently worded. Where income derived from sale was intended to be prescribed the Legislature has done so in terms by cl. (iii) of S. 2(1)(b). Where the marketable condition of the produce resulti...
0[ds]7. Section 2(1) (a) deals with the agricultural income consisting of rent or revenue derived from land which is used for agricultural purposes and is either assessed to land revenue in a State or subject to local rate assessed or collected by officers of the Government as such. We are not concerned with this part ...
0
4,642
1,370
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: to be included within the definition of income under S. 2(1) (b) we apprehend that the whole clause wou...
State of Uttar Pradesh Vs. Mahipal
get the property in any manner. In fact, the High Court went on to hold that the accused respondent would have got the property only if the entire line of the descendants is to be wiped out.So far as the recovery of the SIM card from one of the rooms of the house of the accused respondent is concerned, the High Court t...
1[ds]9. Whether the accused respondent would have inherited the property following the death of the children is an issue that was not raised by the prosecution in the trial against the accused respondent. The specific case of the prosecution, in fact, was that because of the bequeathing of the property in favour of Sus...
1
1,566
779
### 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: get the property in any manner. In fact, the High Court went on to hold that the accused respondent would hav...
Sudhir Kumar Rana Vs. Surinder Singh
S.B. Sinha, J. 1. Leave granted. 2. Appellant was driving a two-wheeler bearing registration No. DL-45 AQ 0731 on 30.10.2003. He was aged about 17 = years. He met with an accident, as allegedly respondent No.1 was driving a mini-truck rashly and negligently. He suffered the following injuries in the said accident: "1. ...
1[ds]8. If a person drives a vehicle without a licence, he commits an offence. The same, by itself, in our opinion, may not lead to a finding of negligence as regards the accident. It has been held by the courts below that it was the driver of thewhich was being driven rashly and negligently. It is one thing to say tha...
1
1,013
161
### 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: S.B. Sinha, J. 1. Leave granted. 2. Appellant was driving a two-wheeler bearing registration No. ...
Jagdev Singh & Another Vs. State of Punjab
Singh were tried in the court of the Additional Sessions Judge, Sangrur for an offence under S. 307 read with S. 34, I. P. C., for a murderous assault on Nand Singh (P. W. 6), in furtherance of the common intention of all of them, in village Lehal Khurd. Jagdev Singh and Mohinder Singh accused were convicted under Sect...
0[ds]4. Now, both Sections 4 and 6 of the Act clearly provide that the benefit of these sections is not available to persons found guilty of an offence punishable with imprisonment for life. This Act is intended to carry out the object of keeping away from the unhealthy atmosphere of jail life where normally one has to...
0
1,189
643
### 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: Singh were tried in the court of the Additional Sessions Judge, Sangrur for an offence under S. 307 read with S. 34, I. P....
Sahebzada Mohammad Kamgar Shah Vs. Jagdish Chandra Deo Dhabal Deoand Others
the letter. In the very first sentence of the letter the Receiver is saying that sum of Rs. 4,993-6-1 as shown in the enclosure to the document was according to him due to the Dhalbhum Raj for the year 1930 on account of royalty; to this he was adding a statement in the second sentence that as soon as this statement of...
0[ds]12. In his attempt to establish that by this later lease the lessor granted a lease even of those minerals which had been excluded specifically by clause 16 of the earlier lease, Mr. Jha has arrayed in his aid several well established principles of construction. The first of these is that the intention of the part...
0
6,133
1,122
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the letter. In the very first sentence of the letter the Receiver is saying that sum of Rs. 4,993...
Workmen Of The Indian Leaf Tobacco Development Compan Vs. Management Of The Indian Leaf Tobacco Development Co. Ltd
business. The Labour Appellant Tribunal in the case of Employees of Messrs. India Reconstruction Corporation Ltd., Calcutta 1953 Lab AC 563 (supra) was dealing with the question of retrenchment compensation as a result of the closure of one of the units of the company concerned, and it held that the workmen were entitl...
0[ds]4. The decision given by the Tribunal in the interim award, holding that the reference covered by issue No.1 was not competent, has been challenged by learned counsel for the appellants on the ground that the closure of a depot does not amount to closure of business in law and, since the same business was continue...
0
2,699
1,298
### 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: business. The Labour Appellant Tribunal in the case of Employees of Messrs. India Reconstruction Corporation Ltd....
State of Rajasthan & Another Vs. M/s. Karamchand Thappar & Bros
coal could only be supplied to the State of Rajasthan.13. It seems to us that the petitioner is not a dealer within the definition of the word dealer in the first para of S. 2(f), set out above. The petitioner did not sell or supply coal. What it did was to procure the supply of coal. Under the direction issued under c...
1[ds]13. It seems to us that the petitioner is not a dealer within the definition of the word dealer in the first para of S. 2(f), set out above. The petitioner did not sell or supply coal. What it did was to procure the supply of coal. Under the direction issued under cl. (8) of the Colliery Control Order, it is the E...
1
3,554
823
### 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: coal could only be supplied to the State of Rajasthan.13. It seems to us that the petitioner is not a dealer ...
Mathura Prasad Rajgarhia & Others Vs. State of West Bengal
the Tribunal made an error of principle, or has ignored or misconceived important evidence which substantially affected the valuation that its conclusion was vitiated because of substantial error or defect of procedure. We are unable to hold that the judgment of the Tribunal is open to challenge on the ground of error ...
1[ds]We, however, do not think it necessary to dilate upon this question further, because, in our view, the award made by the High Court reducing the amount awarded by the Tribunal cannot be justified on the evidence on the record, and the law applicable thereto. We accede to the request of Mr. Gupte appearing on behal...
1
5,031
1,753
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: the Tribunal made an error of principle, or has ignored or misconceived important evidence which substanti...
ASSET RECONSTRUCTION CO. (INDIA) LTD Vs. CHIEF CONTROLLING REVENUE AUTHORITY
that the above reasoning can be accepted. First of all, what was presented for registration by the appellant was a single document namely an Assignment Agreement. Clause 11.12 of the Assignment Agreement contained recitals to the effect that the seller (assignor, namely the OBC) had agreed to execute simultaneously wit...
1[ds]8. But we do not think that the above reasoning can be accepted. First of all, what was presented for registration by the appellant was a single document namely an Assignment Agreement. Clause 11.12 of the Assignment Agreement contained recitals to the effect that the seller (assignor, namely the OBC) had agreed t...
1
1,956
861
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: that the above reasoning can be accepted. First of all, what was presented for registration by the appellant was a single d...
M/S. GOEL GANGA DEVELOPERS INDIA PVT. LTD Vs. UNION OF INDIA THROUGH SECRETARY MINISTRY OF ENVIRONMENT AND FOREST
the original applicant has also challenged the original order of the NGT. While assessing the damages we may note certain facts:1) The EC was granted on 04.04.2008 but construction commenced after issuance of consent to establish dated 20.06.2009 and the EC would be valid for a period of 5 years from the date of such c...
1[ds]We say this because as held by us above, there is no ambiguity with regard to the definition ofeven under the notification of 2006 and it covers all constructed area not open to the sky. The notification of 2011 only provides that theor covered areahe area of all floors put together including basement(s)ce areas. ...
1
11,861
1,664
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the original applicant has also challenged the original order of the NGT. While assessing the damages we may note certain...
Ponnammal Vs. R. Srinivasarangan & Others
She was therefore free to go back upon it any to time she chose. But she was the weaker party. At that point of time the 1st defendant was in a position of advantage. As certain alienations made by the limited owner in possession had to be negotiated for and settled to the satisfaction of the 1st defendant and Padmasan...
1[ds]That is the law in India also as laid down in innumerable decisions. Applying the test laid down in the dictum quoted above to the facts of the present case, it is manifest, as held by the trial Court, that on the date of Ex.the 1st defendant was considered by competent lawyers to have been lawfully in possession ...
1
5,097
1,557
### 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: She was therefore free to go back upon it any to time she chose. But she was the weaker party. At that poi...
M/S DYNA TECHNOLOGIES PVT.LTD Vs. M/S CROMPTON GREAVES LTD
Coming to the last aspect concerning the challenge on adequacy of reasons, the Court while exercising jurisdiction under Section 34 has to adjudicate the validity of such an award based on the degree of particularity of reasoning required having regard to the nature of issues falling for consideration. The degree of pa...
0[ds]36. When we consider the requirement of a reasoned order three characteristics of a reasoned order can be fathomed. They are: proper, intelligible and adequate. If the reasoning in the order are improper, they reveal a flaw in the decision¬making process. If the challenge to an award is based on impropriety or per...
0
6,245
1,255
### 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: Coming to the last aspect concerning the challenge on adequacy of reasons, the Court while exercising juris...
The Akola Electric Supply Co- Vs. J. N. Jarare & Ors
application for referring this and other disputes for arbitration contained the frank statement that it was in view of the impending closure of business that the claim for gratuity was being made. It is interesting to notice that the earlier award by tile Industrial Court was made only two days before the Companys lice...
1[ds]These observations emphasise the position that gratuity schemes are always made in the expectation of the industry continuing to function for a long time to come. It has to be noticed that the provision for gratuity scheme is not based on any statutory enactment, but has been evolved by industrial adjudication as ...
1
1,470
225
### 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: application for referring this and other disputes for arbitration contained the frank statement that it was i...
Tata Engineering & Locomotive Co. Ltd Vs. The Sales Tax Officer & Regional Transportofficer, Poona An
a tax on passengers, carried in certain classes of public service. vehicles in the State of Bombay. It is hereby enacted in the Ninth Year of the Re public of India as follows."3. A perusal of the Preamble clearly reveals that the dominant object of the Act was to impose tax on certain classes of public service vehicle...
1[ds]A combined reading, therefore, of rule 2(i) and section 2(7) of the Act clearly indicates that the tax would be leviable only if the passengers are carried on a public service vehicle. It is true that the term public service vehicle has not been defined either by the Act or by the Rules, but that however does not ...
1
1,629
636
### 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: a tax on passengers, carried in certain classes of public service. vehicles in the State of Bombay. It ...
JIGNESH SHAH Vs. UNION OF INDIA
(In European Life Assurance Society, Re [LR (1869) 9 Eq 122] ; V.V. Krishna Iyer & Sons v. New Era Mfg. Co. Ltd. [(1965) 35 Comp Cas 410 : (1965) 1 Comp LJ 179 (Ker)])?This passage is in the context of an order under 433(e) of the Companies Act, 1956 being discretionary, which is referred to in the preceding paragraph ...
1[ds]10. This judgment clinches the issue in favour of the Petitioner/Appellant. With the introduction of Section 238A into the Code, the provisions of the Limitation Act apply to applications made under the Code. Winding up petitions filed before the Code came into force are now converted into petitions filed under th...
1
12,054
2,698
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: (In European Life Assurance Society, Re [LR (1869) 9 Eq 122] ; V.V. Krishna Iyer & Sons v. New Era Mfg. Co. ...
Lakshmichand Baijnath Vs. Commissioner of Income Tax, West Bengal
is concealed profits was reached by the Income-tax Officer and by the Appellate Assistant Commissioner by ignoring the very material evidence furnished by the proceedings book and that the Appellate Tribunal had erroneously refuse to receive the book in evidence. This contention raises two controversies : (i) Was the p...
0[ds]10. The position may thus be summed up : In the business accounts of the appellant we find certain sums credited. The explanation given by the appellant as to how the amounts came to be received is rejected by all theauthorities as untenable. The credits are accordingly treated as business receipts which are charg...
0
3,757
272
### 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: is concealed profits was reached by the Income-tax Officer and by the Appellate Assistant Commissioner by ignoring the ver...
Maharaja Pratap Singh Bahadur Vs. Thakur Manmohan Deo And Ors
question that remains in this context is whether it was executed by the Court of Wards. 10. Exhibit 1 purports to have been given in favour of Brown Wood, the then Deputy Commissioner of Santhal Pargana, on behalf of the Court of Wards representing the Rohini Ghatwali Estate for the purpose of erecting dwelling houses ...
1[ds]A comparative study of these two Acts discloses that Act V of 1959 is a special Act dealing with a specific subject-matter, namely, Ghatwali lands in the district of Birbhoom: it also provides for a particular incident of the tenure, namely, the power to lease the said lands. It says that a Ghatwal holding land sh...
1
3,874
1,359
### 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: question that remains in this context is whether it was executed by the Court of Wards. 10. Exhibit 1 purports to have been...
Prabhakar Gones Prabhu Navelkar through L.Rs. and Ors Vs. Saradchandra Suria Prabhu Navelkar through L.Rs. and Ors
our view has resulted in a decision which is otherwise just. In Taherakhatoon (D) by LRs v. Salambin Mohammad 1999(2) SCC 635 , it has been held that even after the grant of special leave in an appeal this Court is not bound to interfere. This Court inter alia held as follows: "15. It is now well settled that though sp...
0[ds]37. Parties cannot go beyond their pleadings, runs another argument on behalf of the respondents. This is in context of the argument of the appellant that Shantibai (wife of Suriaji) continued to hold the property in trust for Gones.As we have noticed in the beginning of our judgment, property ‘M? consisted of abo...
0
25,868
4,737
### 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: our view has resulted in a decision which is otherwise just. In Taherakhatoon (D) by LRs v. Salam...
Technicians Studio Private Ltd Vs. Lila Ghosh & Anr
of part performance of a contract for the purposes of section 53A of the Transfer of Property , Act or as evidence of any collateral transaction not required to be effected by registered instrument. In order to be entitled to the protection of section 53A, the transferee must perform or must be willing to perform his p...
1[ds]Admittedly there was an ejectment decree against the appellant before the petition of compromise was filed in the High Court. By the compromise the decree was not set aside but a lease for sixteen years was sought to be Created in favour of the appellant. Thus whatever interest the appellant may have had in the pr...
1
1,975
1,141
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: of part performance of a contract for the purposes of section 53A of the Transfer of Property , Act or as evi...
Sanghi Brothers (Indore) Pvt.Ltd Vs. Sanjay Choudhary & Ors
and is trying to assail the findings of the trial Court and submits that no charge under Section 420 and 406 IPC is clearly made out against the applicants on the basis of evidence on record and it is also not so unimpeachable that if it is not rebutted then a conviction can be based on it." The High Court was of the v...
1[ds]on the basis of materials on record, a court could come to the conclusion that commission of the offence is a probable consequence; a case for framing of charge exists. To put it differently, if the court were to think that the accused might have committed the offence it can frame the charge, though for conviction...
1
1,761
199
### 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: and is trying to assail the findings of the trial Court and submits that no charge under Section 420 and 406 IPC is clear...
Dr. Umakant Saran Vs. State of Bihar & Others
Professor of Surgery and the Principal of the College and in due course the Vice Chancellor accepted the proposal that the post of Casualty Officer should be recognised as a teaching post. On 12-6-1963 the State Government wrote to the Secretary, Indian Medical Council that the post of Casualty Officer must also be rec...
0[ds]13. It is not disputed that respondents 5 and 6 had the necessary academic medical qualifications for appointment and if they also had the necessary teaching experience, as held by the Government, they would be eligible for appointment as lecturers in Surgery. The Medical Council had recommended that a lecturer in...
0
3,205
669
### 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: Professor of Surgery and the Principal of the College and in due course the Vice Chancellor accepted the proposal that the ...
S. Rm. Ct. Pl. Palani Appa Chettiar Vs. The Commissioner Of Income-Tax, Madras
had any. The Articles of Association of the Company provided for the appointment as managing director of the very person who, as the Karta of the family, had promoted the Company. The acquisition of the business, the floatation of the Company and appointment of the managing director appear to us to be inseparably linke...
1[ds]Applying the doctrine of Hindu law, the remuneration of the managing director was not earned by any detriment to the joint family assets. We are therefore of the opinion that the High Court was in error in holding that the present case falls within the principle of the decision of this Court in l960-l SCR 320 - (A...
1
2,544
574
### 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: had any. The Articles of Association of the Company provided for the appointment as managing director of the ...
J. B. Advani and Company Private Limited Vs. R. D. Shah, Commissioner of Income Tax, Bombay
Assistant Commissioner who held that the loss in question was not a speculative loss and it could be set off against the income from the other business of the company. The Income-tax Officer filed an appeal to the Appellate Tribunal and, at the time of the hearing of the appeal for the assessment year 1953-54, the depa...
0[ds]The learned counsel for thes laid a great deal of stress on the hardship involved in the case.It can hardly be gainsaid that the company, even according to the order of the Tribunal, could have claimed aof the loss in question during the assessment yearIt was only for the first time before the Tribunal during the ...
0
1,409
719
### 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: Assistant Commissioner who held that the loss in question was not a speculative loss and it could be set of...
Debashu Services Private Limited Vs. Deputy Commissioner of Income Tax, Circle 1 & Others
by the AO nowhere state that there was failure on the part of the assessee to disclose fully and truly all material facts necessary for the assessment of that assessment year. It is needless to mention that the reasons are required to be read as they were recorded by the AO. No substitution or deletion is permissible. ...
0[ds]Looking to the facts of the present case the observations recorded and the view taken by the Division Bench as above may also not be of any help to advance the case of the petitioner further. The Devision Bench of this Court set aside the impugned notices in the said cases on the ground that the reasons recorded b...
0
9,388
715
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: by the AO nowhere state that there was failure on the part of the assessee to disclose fully and ...
State Of U.P.(Now Uttarakhand) Vs. Rabindra Singh
the definition of "public premises" in the Public Premises Act deliberately excluded from its purview the land vesting in Gaon Sabha or some other local authority for which provisions existed in the law relating to land tenures and the provisions of Public Premises Act could not be pressed in service for ousting the te...
0[ds]9. Smt. Pinki Anand, learned Senior Advocate along with Shri P.N. Gupta and Shri Vaibhav Jain assailed the impugned judgments. We had a specific query to the learned Senior counsel as to whether the aforementioned relied upon judgments in Baldeo Rajs case (cited supra) and Kripal Singhs case (cited supra) were cha...
0
3,015
902
### 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 definition of "public premises" in the Public Premises Act deliberately excluded from its purview the land ves...
Sri Sankari Prasad Singh Deo Vs. Union Of India And State Of Bihar(And Other Cases)
by Sir Reshbehary Ghose in his Law of Mortgage in India, vol. I Edn. 5. He says at P. 354, pointing out that co-mortgagors stand in a fiduciary relation:"I should add that an assignee of a mortgage is entitled, as a rule, to recover whatever may be due on the security. But if the stands in a fiduciary relation, he can ...
0[ds]5. Points Nos. 1 and 3 have no force whatever. The registered deed of redemption does not contain any words of assignment. To say that Ganesh Lal shall be the owner of the entire amount due from the mortgaged property is something different from stating that the security has been assigned in his favour. On the oth...
0
3,890
827
### 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: by Sir Reshbehary Ghose in his Law of Mortgage in India, vol. I Edn. 5. He says at P. 354, pointing out that co-mortgagors...
Deity Pattabhiramaswamy Vs. S. Hanymayya & Others
the respondents, on the other hand, seeks to support the judgment of the High Court on the ground that the learned Judge based his judgment on the interpretation of the recitals in the document, which have been wrongly construed by the learned Subordinate Judge, and therefore the question raised in the second appeal wa...
1[ds]13. The finding on the title was arrived at by the learned District Judge not on the basis of any document of title but on a consideration of relevant documentary and oral evidence adduced by the parties. The learned Judge therefore, in our opinion, clearly exceeded his jurisdiction in setting aside the said findi...
1
2,115
272
### 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 respondents, on the other hand, seeks to support the judgment of the High Court on the ground that the learned Judge bas...
First Additional Income Tax Officer, Karaikudi, and Another Vs. T. M. K. Abdul Kassim
HIDAYATULLAH J.1. One T. M. Khadir Mohideen, who owned rice mills and other wholesale business, died on August 11, 1948, after the end of the previous year for the assessment year, 1948-49. A notice under section 22(2) of the Income-tax Act was served on his two sons, and the assessment was made on a total assessable i...
1[ds]3. In Alfreds case, the department had appealed to this court and the appeal was pending in this court when the present case wasSubsequently, this court reversed the decision of the Madras High Court in Alfreds case : vide AdditionalOfficer v. Alfred. It was held that the fiction in(2) of section 24B does not come...
1
965
253
### 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: HIDAYATULLAH J.1. One T. M. Khadir Mohideen, who owned rice mills and other wholesale business, d...
Commissioner Of Income-Tax, West Bengal,Calcutta Vs. Juggilal Kamalapat
firm Juggilal Kamalapat, consisting of two partners, the Kamala Town Trust, represented by the three trustees, and l Jhabbarmal Saraf. Their shares in the profits and losses were also specified in the deed of partnership. There was the further finding by the Income-tax Officer that the kamala Town Trust. which entered ...
0[ds]In our opinion the question sought to be raised on behalf of the Commissioner should not have been allowed to be raised by the High Court even at the earliest stage, and that it was the error committed by the High Court in entertaining this question that has resulted in unnecessary proceedings and consequent delay...
0
3,199
1,161
### 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: firm Juggilal Kamalapat, consisting of two partners, the Kamala Town Trust, represented by the th...
National Engineering Industries Limited Vs. Shri Shri Kishan Bhageria & Others
of the President, the State law would prevail in that State even if there is an earlier law by the Parliament on a subject in the Concurrent List. It appears that both of these Acts tread the same field and if there was any conflict with each other, then S.28A of Rajasthan Act would apply being a later law. We find, ho...
0[ds]9. In the instant case the evidence have been summarised by the Division Bench. Reference may be made to pages 65, 73, 80, 84 to 94, 95, 96 and 97 of the Paper Book which indicate the nature of duties performed by respondent 1 herein. His duties were mainly reporting and checking up on behalf of the management. A ...
0
4,053
1,454
### 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: of the President, the State law would prevail in that State even if there is an earlier law by the Parliamen...
State Of A P Vs. Patnam Anandam
report made to him clearly disclosed the commission of a cognizable offence by the respondent. The name of the person making the report was also known to him. Assuming that he did not consider it necessary to draw up a first information report on the basis of such telephonic information, he would have certainly made a ...
0[ds]9. There are three circumstances noticed by the trial court which are of considerable significance and they arefirstly, that the accused was last seen in the company of the deceased by the mother of the deceased, secondly, that a torn piece of a shirt and buttons found at the scene of offence matched with the shir...
0
2,872
802
### 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: report made to him clearly disclosed the commission of a cognizable offence by the respondent. The name of the person maki...
Amar Krishna Ghose Vs. Life Insurance Corporation Of India & Anr
December 1955, a liability, which the Custodian and later on the Corporation were liable to satisfy, the former as a result of the management having vested in him under the Ordinance, and the latter as a result of its having succeeded to the assets and liabilities of the insurer. He also contended that the question as ...
0[ds]8. The reliefs prayed for by the appellant in his plaint pertained to two periods; (1) Rs. 5436.0.0 being the arrears of salary and other dues for the months of November and December 1955, and (2) Rs. one lac and odd being the salary from January 1, 1956 to December 1958. Under R. 12A, a question either of liabili...
0
3,475
955
### 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: December 1955, a liability, which the Custodian and later on the Corporation were liable to satisfy, th...
Anil Kumar Sawhney Vs. Gulshan Rai
question as to when a post-dated cheque can be considered to have been drawn for the purpose of section 138 of the Act cannot be dealt with independently of the right to present the same. In relation to the drawer and drawee, a post-dated cheque becomes operative only from the date of the cheque when alone the same is ...
1[ds]An offence to be made out under the substantive provisions of section 138 of the Act it is mandatory that the cheque is presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. It is the cheque drawn which has to be presented...
1
3,438
1,526
### 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: question as to when a post-dated cheque can be considered to have been drawn for the purpose of section 138 of th...
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. RAVINDRA KUMAR SINGHVI (DEAD) THR. LRS
that when in 1988, the plaintiff had sworn the affidavit, the lease deed dated 31.1.1983 already stood executed in respect of Sector 15A plot. Since the lease was executed, the wife of the plaintif applied for permission to transfer which was granted and transfer deed was executed on 25.10.1990. The permission was gran...
1[ds]15. It is an admitted fact that the wife of the plaintiff was allotted Sector 15A plot on 10.3.1981. The wife sworn an affidavit on 4.3.1983 that neither she nor her spouse owned any other plot in Noida. It was on 6.10.1981 that the plaintiff was informed about allotment of residential plot measuring 450 sq. yards...
1
3,183
1,413
### 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: that when in 1988, the plaintiff had sworn the affidavit, the lease deed dated 31.1.1983 already stood ...
Bidi, Bidi Leaves Vs. The State Of Bombay
help to validate the impugned clauses in the notification.*Craies on Statute Law, p. 239.**Maxwell on Interpretation of Statutes, 10th ed., p. 361.21. The respondent strenuously contends that clauses I and 2. of the notification which have prescribed the minimum rates of wages per 1000 bidis would become ineffective un...
1[ds]Thus, there is no doubt that under the terms of the contract the workers are entitled to receive payment only for the bidis accepted by the employers and not for those which are rejected. It is also not disputed that the bidis which are rejected by the employer, otherwise known as "chhats" are retained by the empl...
1
7,850
1,483
### 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: help to validate the impugned clauses in the notification.*Craies on Statute Law, p. 239.**Maxwell on Interpretation of Sta...
RAM CHANDRA SINGH Vs. RAJARAM
by the authority concerned. 8. It is also noticed that in the oral evidence, the appellant had stated that he had seen the photocopy of the driving licence of Shivgyani and was also satisfied about his driving skills, before employing him as the driver for driving the vehicle. In his cross-examination by the insurer, t...
1[ds]7. We have perused the entire pleadings and the evidence on record as also the judgments of the Tribunal and the High Court. It is noticed that the insurer had taken a specific plea in the written statement filed before the Tribunal, that the driving licence of the driver was not a valid licence. In the alternativ...
1
1,858
1,237
### 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: by the authority concerned. 8. It is also noticed that in the oral evidence, the appellant had stated that he had seen the...
Shri Vallabh Glass Works Limited and Others Vs. Union of India and Others
had discovered it or could have with reasonable diligence discovered it. In th e instant case the date on which the mistake was discovered by the appellants or the date on which the appellants could with reasonable diligence have discovered it is not clear from the record before us. No efforts also was made in t he cou...
0[ds]Since it is convenient to dispose of the second question at this stage, we shall take it up first. A few more facts which are relevant to this issue have to be stated here. As mentioned earlier the goods in respect of which dispute had been raised by the appellants in their application dated February 20, 1976 were...
0
2,890
1,670
### 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: had discovered it or could have with reasonable diligence discovered it. In th e instant case the date on wh...
The Amalgamated Electricity Co. Ltd Vs. N.S. Bhathena And Another
the State Electricity Board and it refers to a letter. "No AMAL/BEL/C2; dated 7-8-1958" written by the appellant to the Board and the letter last mentioned, which is Ex. 60, is the notice by the appellant to the Board expressing its intention to revise the rates. It is quite clear, therefore, that notice had been given...
1[ds]This provision also supports the view that the power to enhance the rates given by the act of 1948 is not in any way affected by anything in the Act of 1910 or the licence granted undercontention appears to me to be entirely unfounded. No doubt a licensee can ask the Government to constitute a rating committee und...
1
6,591
6,417
### 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 State Electricity Board and it refers to a letter. "No AMAL/BEL/C2; dated 7-8-1958" written by the appellant t...
Federal Bank Ltd Vs. V.M. Jog Engineering Ltd.
from reimbursing the Negotiating Bank. These principles prima facie flow from Shientag, J.s judgment which has been followed both in England and by this Court, in several cases. Legal relation of a Negotiating Bank vis-a-vis the Issuing Bank : 62. The contract between the Issuing Bank and the paying or negotiating (int...
1[ds]62. The contract between the Issuing Bank and the paying or negotiating (intermediary) banker may partake of a dual nature. The relationship is mainly that of principle and agent, mandator and mandatory. In other that he may claim reimbursement for any payment he makes under the credit or the indemnity of an agent...
1
11,615
680
### 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: from reimbursing the Negotiating Bank. These principles prima facie flow from Shientag, J.s judgment which has bee...
Muniappan Vs. State of Madras
that it was proper to take the thumb impression on the statement as it had been made. The Sub-Inspector should have left the document as it was, without taking the thumb mark of the dead man, but we do not feel compelled to hold that he did so out of any improper motive, inasmuch as he had noted that the man was dead b...
0[ds]In our opinion, corroboration would not always be necessary if the dying declaration is complete in its accusation and there is nothing to show that the maker of the statement had anything further to add. That is the case here. In this case, however, there is some other evidence to incriminate the accused. The inj...
0
1,975
356
### 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: that it was proper to take the thumb impression on the statement as it had been made. The Sub-Ins...
K. Venkamma Vs. Govt. of Andhra Pradesh and Others
covers routes which continue beyond the State and connect various points in the State of Mysore with those in the other State it does not make the scheme one connected with inter-State Route. It is sought to be argued from this that even if Bellary-Chintakunta route which is shown as item 34 in Bellary Scheme has been ...
0[ds]The facts and discussion bear out abundantly that there is nothing in the ruling to suggest that even if a route traverses territory of another State it is none-the-less an intra-State route if the points of beginning and ending fall within one State. It is a fallacy so to construe that decision. What is repelled ...
0
2,620
623
### 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: covers routes which continue beyond the State and connect various points in the State of Mysore with those...
Office Liquidator, Gujarat State Textile Corpn. Ltd Vs. Parmanand Maneklal Kajiwala & Others
1. Leave granted.2. The question which is to be decided in this case relates to the interpretation of S.11(3) of the Gujarat Closed Textile Undertakings (Nationalisation) Act, 1986 (hereinafter referred to as "the Act"). By this Act, the appellant before us took over the management and assets of several textile underta...
1[ds]5. The High Court appears to have misdirected itself. The issue was not one of fact but of law. The question was whether under S.11(3) of the Act, the respondent workman could be deemed to have continued in service or had any right under the Act to be reemployed.The sub-section clearly provides that the services o...
1
833
304
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: 1. Leave granted.2. The question which is to be decided in this case relates to the interpretatio...
Rafiquennessa Vs. Lal Bahadur Chetri (Dead) Through His Representatives And After Him His Legal Representatives And Others
over-ride and materially affect the terms of contracts between the parties; but the argument is that unless a clear and unambiguous intention is indicated by the legislature by adopting suitable express words in that behalf no provision of a statue should be given retrospective operation if by such operation vested rig...
0[ds]Now, S. 5 itself gives an unmistakable indication of the legislative intention to make its provisions retrospective. What does S. 5 provide? It provides protection to the tenants who have actually built within five years from the date of leases executed in their favour, permanent structures on the land let out to ...
0
2,895
607
### 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: over-ride and materially affect the terms of contracts between the parties; but the argument is that unless...
Navinchandra Ratilal Patel Vs. S Gordhandas Desai Private Limited
that he would have no objection if this question of title was not gone into in this petition and if he was permitted to get the question of title decided by a separate suit if so advised. Shri Ramanathan raised no objection to this suggestion of Shri Madon, though he strongly relied on section 84 of the Act in support ...
1[ds](6) WE also observed than that no more issues were sought by the parties. Thereafter we adjourned the hearing of the petitions to 26th November, 1966, at New Delhi on these two issues. On 2nd November, 1966, we changed the place of hearing and directed that the petitions should be fixed for final hearing on 26th N...
1
2,546
1,208
### 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: that he would have no objection if this question of title was not gone into in this petition and if he was p...
Khaitan Apte and Company and Another Vs. D. Rama Rao, Income Tax Officer/Excess Profits-Tax Officer, Rajahmundry and Others
HEGDE, J.1. This is an appeal by certificate from the decision of a Division Bench of the Punjab High Court M/s. Khaitan Apte & Co. were assessed to excess profits tax by the Excess Profits Tax Officer, Rajahmundry in a sum of Rs. 4, 36, 554-10-0 in respect of the accounting periods ending March, 1943, 1944, 1945 and 1...
1[ds]In our opinion, the learned judges of the Division Bench erred in holding that the writ petition was not maintainable on the ground that theOfficer of Bombay had not been made a party. TheOfficer of Bombay stood in the position of a garnishee. The Excess Profits Tax Officer, Rajahmundry, made over certain sums to ...
1
986
320
### 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: HEGDE, J.1. This is an appeal by certificate from the decision of a Division Bench of the Punjab ...
Asnew Drums Private Limited & Others Vs. Maharashtra State Finance Corporation & Others
rules had been framed containing the provisions of the Code of Civil Procedure to be applied for this purpose. The relevant part of sub-section (7) provides that after making an investigation under sub-s. (6) the District Judge may confirm the order of attachment and direct the sale of the attached property. It is unde...
1[ds]It is true that an appeal has been expressly provided in this case but the reason for this is that if there had been no specific provision in sub-s. (9), no appeal would lie otherwise because it is not provided in sub-s. (5) or sub-section (7) that the District Judge should proceed in the manner provided in theCod...
1
1,846
290
### 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: rules had been framed containing the provisions of the Code of Civil Procedure to be applied for this purpose...
Annapurna Carbon Industries Co Vs. State Of Andhra Pradesh
v. Commissioner of Sales Tax, Madhya Pradesh; where it was also held that a "tractor" which is "nothing but a self-propelled vehicle capable of pulling a load" or "tractor", does not acquire the character of "agricultural land it is used also to draw certain agricultural implements like a plough; State of Mysore v. Kor...
0[ds]6. We do not think that any useful purpose is served by multiplying cases relating to entries which are so very different and could have only a very remote bearing, if any, upon any reasoning which could be adopted to support the submission that the arc carbons, under consideration here, fall within the relevant e...
0
1,863
461
### 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: v. Commissioner of Sales Tax, Madhya Pradesh; where it was also held that a "tractor" which is "nothing but a self-propell...
J.S. Davar Vs. Shankar Vishnu Marathe
difficult to appreciate that men of business knowing their interest would agree to such a provision. The Managing Director had made a false claim to the building which belongs to the company. He agreed to sell the building to Yeshwant Mutual Insurance Co. Ltd. , and took an earnest of Rs. 47,000 from them. He put the I...
1[ds](22) On a review of these authorities and from the provisions in section 153 (2) of the Indian Companies Act, 1913, it seems to us clear that the consent of the majority of creditors or shareholders to a scheme does not conclude the issue whether the scheme should be sanctioned. The jurisdiction of the Court which...
1
9,024
3,293
### 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: difficult to appreciate that men of business knowing their interest would agree to such a provision. The Managing Director h...
Suba Singh Vs. Davinder Kaur
being Rs.1,45,900/-, would be a modest and reasonable amount as compensation for defendant no.2, the minor child of the deceased till she attained majority and got married. We, therefore, see no scope for any interference with the amount of compensation awarded by the first appellate court. 14. It is indeed true that t...
0[ds]9. Now, coming back to the present appeal, the judgments of the High Court and the courts below were assailed by the counsel for the appellants on the plea of double jeopardy. It was submitted that the appellants were being punished twice over for the same offence. Learned counsel also referred to section 357 of t...
0
3,151
2,036
### 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: being Rs.1,45,900/-, would be a modest and reasonable amount as compensation for defendant no.2, the minor...
SHANMUGAM Vs. STATE BY INSPECTOR OF POLICE, TAMIL NADU
of 2006. The appellant pleaded not guilty and claimed trial. After considering the arguments and analysing the evidence on record, the learned Additional Sessions Judge convicted the appellant for the offences punishable under Section 302 of I.P.C. and under Sections 224 r/w 511 of I.P.C. and sentenced him to undergo i...
0[ds]7. We have carefully considered the submission of the learned counsel for the parties and perused the impugned judgment and other materials placed on record.8. It is not in dispute that the appellant/accused was arrested by the then Sub-Inspector of Police (PW-1), Video Piracy Cell, at 7.30 p.m. on 09.09.2005 and ...
0
1,332
779
### 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: of 2006. The appellant pleaded not guilty and claimed trial. After considering the arguments and analysing t...
THE MAYOR JAIPUR MUNICIPAL CORPORATION & ANR Vs. THAKUR SHIV RAJ SINGH & ORS
for constructing commercial- cum-residential complex.6. That the respondents No 2 & 3 vide order bearing No.F.13/At.Mu.N.Niyo./ dated 22.02.2003 directed to deposit an amount of 1,01,04,672/- towards conversion charges. The copy of the aforesaid order dated 22.02.2003 is being enclosed herewith and marked as Annexure.2...
1[ds]10. The demand for conversion charges having been raised in the present case in the year 2002, the provisions of Section 173-A as amended by Act 19 of 1999 are applicable in the present case. A perusal of unamended and amended Section 173-A indicates that there is substantial change in the statutory provision of R...
1
5,386
1,579
### 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: for constructing commercial- cum-residential complex.6. That the respondents No 2 & 3 vide order bearing No....
Delhi Cloth and General Mills Company, Limited Vs. Its Workmen
in the managements written statement. On a consideration of the evidence the tribunal has come to a definite finding that in fact the doffers do not need any helpers and the work which is actually done by these persons designated as doffer helpers (sic) are really working as helpers to machinemen in the doubling depart...
1[ds]It seems to us however that as the Bombay scheme proceeds on the basis that the two looms are the normal assignment of one weaver, it can have no application to such looms of which the normal assignment is different. We can see no justification for introducing into the scheme a deeming provision that a person work...
1
2,853
853
### 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: in the managements written statement. On a consideration of the evidence the tribunal has come to a definite finding that i...
Lalit Kumar Jain Vs. Jaipur Traders Corpn. P.Ltd
is that the bank draft for the amount of Rs. 5,000/- received from the defendants was not returned and it is not the case of the plaintiff that the draft was not credited to their account. When Shri B.D. Meattle (P.W.1) was confronted with this fact, he came forward with a peculiar explanation that the relationship was...
1[ds]8. We are of the view that the High Court failed to address itself to certain crucial factors which disentitles the plaintiff to equitable relief. The High Court reversed a well considered judgment of trial Court without adverting to the reasoning of trial Court except in a cursory manner. In the view we are takin...
1
6,006
591
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: is that the bank draft for the amount of Rs. 5,000/- received from the defendants was not returned and it is not the case ...
THE MANAGING DIRECTOR, KERALA TOURISM DEVELOPMENT CORPORATION LTD Vs. DEEPTI SINGH
help by the swimmer in distress or other users of the pool, whether there was unusual splashing, whether the swimmer was struggling or motionless in the pool or whether there were other distractions which the lifeguard was required to attend to. There is no inflexible rule that the lifeguard is entitled to a certain am...
0[ds]15. In the case before us, the deceased and the complainant were guests in the hotel run by the appellant. Since the facility of a swimming pool was available for use by the guests of the hotel, there was a close and proximate relationship between the management involving the maintenance of safe conditions in the ...
0
4,163
900
### 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: help by the swimmer in distress or other users of the pool, whether there was unusual splashing, whethe...
M/s Mongia Realty and Buildwell Private Limited Vs. Manik Sethi
on 24 October 2013, the suit which was instituted on 31 March 2017 is barred by limitation; (iv) Article 1 of the Limitation Act has no application whatsoever since there was no open, running and mutual current account envisaging mutual payments and receipts between the parties; and (v) this is evident from the avermen...
1[ds]11. The appellant has specifically set up a plea in paragraph 5 of the plaint that the loans were to be repaid within one year from the date of the payment of the last installment. The case of the appellant has to be proved on the basis of evidence adduced in the suit. Such an issue could not have been decided pur...
1
2,516
780
### 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: on 24 October 2013, the suit which was instituted on 31 March 2017 is barred by limitation; (iv) Article 1 o...
Spun Casting & Engg. Co. Pvt. Ltd Vs. Dwijendra Lal Sinha & Ors(Dead)Thr.Lrs
from the first party with the promise to pay a sum of Rs.5594-4 as five thousand five hundred ninety four and four annas per annum on account of rent." 17. Under Clause (ii) the settlers undertake to pay the rent to the landlord as also to the municipality. Clause (iii) provides for forfeiture of the settlement for non...
0[ds]10. Finding recorded by the High Court with regard to the requirement of issuance of notice under Section 106 of the Transfer of Property Act and the maintainability of the suit by the respondents in their individual capacity after the dissolution of the partnership firm has not been challenged before us. These tw...
0
3,908
1,682
### 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 the first party with the promise to pay a sum of Rs.5594-4 as five thousand five hundred ninety four and four annas ...
Alaknanda Hydro Power Co. Ltd Through Its Authorised Signatory Mr. S. Dhawan Vs. Anuj Joshi
the Reports and, prima facie, we are of the view that the AHEC Report has not made any indepth study on the cumulative impact of all project components like construction of dam, tunnels, blasting, power-house, Muck disposal, mining, deforestation etc. by the various projects in question and its consequences on Alaknand...
1[ds]We find that a new dimension has been added to this litigation by initiating certain proceedings by group of litigants before the National Green Tribunal, New Delhi. MoEF also, on 30.06.2011, in exercise of powers conferred under Section 5 of the Environment (Protection) Act, 1986 passed a stop work order directin...
1
15,569
140
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the Reports and, prima facie, we are of the view that the AHEC Report has not made any indepth study on the...
Pandit Ram Narain Vs. The State Of Uttar Pradesh Andothers
that if an inhabitant of the Town Area alone was entitled to file an objection to preliminary proposals for taxation, then in all the clauses of sub.s.(1) of S. 14 residence within the Town Area must be read as a necessary condition for the imposition of the taxes under S.14. This condition appears to us to be unsound....
0[ds]We think that learned counsel has rightly submitted that, so far as the present appellant is concerned,the list prepared under S.15 must have shown him as assessed to a certain amount of tax under cl.(f) of sub.s.(1) of S.14 and the assessment must have been confirmed on that basis by the District Magistrate. Ther...
0
3,696
613
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: that if an inhabitant of the Town Area alone was entitled to file an objection to preliminary proposals for taxation, then ...
Nanda Dulal Pradhan & Anr Vs. Dibakar Pradhan & Anr
no purpose as the defendants cannot lead evidence in the absence of written statement filed by them and consequently setting aside the order passed by the First Appellate Court who allowed the appellants herein – original defendant nos. 2 and 3 to adduce the evidence apart from setting aside ex-parte judgment and decre...
1[ds]3. Having heard learned counsel for the respective parties and considering the order passed by the First Appellate Court setting aside the ex-parte judgment and decree and observing that on restoration of the suit the same be disposed of after affording opportunities to the parties to adduce their respective evide...
1
1,125
454
### 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: no purpose as the defendants cannot lead evidence in the absence of written statement filed by them and consequently setti...
Kays Construction Company Private Limited Vs. Its Workmen
reinstatement of the clerks in question.14. The decision in this appeal has emphasized that in dealing with industrial disputes the tribunals should not be unduly influenced by academic questions of law and that they should make an attempt to deal with the merits of each case according to its facts and circumstances. A...
0[ds]13. In this appeal also the larger question about the liability of the successor qua the workmen in the employment of his predecessor under the principles of industrial adjudication was raised; but the learned Judges thought that it was not necessary to decide the said abstract question of law.Nevertheless they ex...
0
4,169
1,380
### 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: reinstatement of the clerks in question.14. The decision in this appeal has emphasized that in dealing ...
R.L. Kalathia & Co Vs. State of Gujarat
Conditions of Contract, the same is meant to be a safeguard as against frivolous claims after final measurement. Having regard to the decision in Reshmi Constructions it can no longer be said that such a clause in the contract would be an absolute bar to a contractor raising claims which are genuine, even after the sub...
1[ds]28. Further, necessitas non habet legem is an age-old maxim which means necessity knows no law. A person may sometimes have to succumb to the pressure of the other party to the bargain who is in a stronger position.A glance at the said clause will immediately indicate that a no-claim certificate is required to be ...
1
3,562
581
### 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: Conditions of Contract, the same is meant to be a safeguard as against frivolous claims after final measurement. Having re...
STATE OF U.P Vs. GAYATRI PRASAD PRAJAPATI
10.06.2020 has been brought on record, the medical board report dated 10.06.2020 states:- To, Chief Medical Officer, Lucknow, uttar Pradesh. Respected Sir, With reference to letter number IMAGE HERE 2o19/6o72-5 dated 08/08/2020 and instructions from Director, Dr. RML Institute of Medical Sciences, Lucknow, UP, we were ...
1[ds]8. In the present appeal, our consideration is confined only to the interim bail, which has been granted to the respondent by order dated 03.09.2020. The Bail Application No. 5743 of 2019 being still pending in the High Court, our considerations and observations are only with respect to order granting interim bail...
1
2,584
492
### 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: 10.06.2020 has been brought on record, the medical board report dated 10.06.2020 states:- To, Chief Medica...