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THE STATE OF UTTAR PRADESH & ORS Vs. VIJAY SHANKAR DUBEY
to how the cut off date was fixed as 01.04.2001 is unsustainable. The Report of anomaly of the Committee with regard to different Departments recommending different pay scales is based on pay structure of different Departments and merely because employees of wireless department has been given higher scale with effect f...
1[ds]11. Between the parties there is no dispute that Fifth Pay Commission revised pay scale of Joint Director, Prosecution from Rs.3700-5000 to Rs.12000-16500. The respondent was extended the benefit of Fifth Pay Commission Report from 01.01.1996 and his pension was thus revised accordingly. The State Government accep...
1
2,997
717
### 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: to how the cut off date was fixed as 01.04.2001 is unsustainable. The Report of anomaly of the Committee wit...
Goodlass Nerolac Paints Limited Vs. Paints Employees' Union
of Section 18 of the Industrial Dispute Act, that settlement becomes applicable to the workers who sign the settlement and accept the terms of the settlement. The court has noted the distinction between a settlement reached because of intervention of the conciliation officer under sub-section 3 of Section 18 of the Act...
1[ds]7.Now, if in the light of these rival submissions the record of the case is perused, it becomes clear that the Industrial court has directed extending the benefits of 1989 settlement to all the workers without the workers signing the settlement. Perusal of the judgment of the Division Bench of this court in the ca...
1
2,424
1,152
### 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: of Section 18 of the Industrial Dispute Act, that settlement becomes applicable to the workers who sign the settle...
PUNJAB URBAN PLANNING AND DEVELOPMENT AUTHORITY Vs. KARAMJIT SINGH
regularization of the services of the Respondent. 3.3. It was further submitted that the Appellant – Authority conducted a disciplinary enquiry against the officials who had recommended the name of the Respondent for regularization. The Enquiry Report dated 25.01.2005 found four officials to have supplied wrong informa...
1[ds]5.1. In the present case, the Respondent had sought to secure regularization of his services, even though he did not fulfill the pre-requisite of a minimum of 3 years of continuous service prior to 22.01.2001 as per the revised Policy of the Government of Punjab for regularization of work-charged, daily wage, and ...
1
2,809
881
### 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: regularization of the services of the Respondent. 3.3. It was further submitted that the Appellant – Authori...
Mangala Kunhimina Umma & Ors Vs. Puthivaveottil Paru Amma & Ors
not a lease. It will always be a significant feature in a document as to whether the jenmom right of the tarwad in the properties has been secured for the kanartham by way of mortgage.16. The first and foremost element to be found for a lease is whether there is the intrinsic intention in the written document for enjoy...
1[ds]15. The elements which are usually considered relevant to find out the intention of the parties, are first the proportion of the amount advanced to the value of the security secondly, the rate of interest payable on the sum advanced; thirdly, the absence of a provision for making improvements and the proportion of...
1
3,408
1,378
### 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: not a lease. It will always be a significant feature in a document as to whether the jenmom right of th...
Panchdeo Narain Srivastava Vs. Km. Jyoti Sahay and Another
1. This appeal neither calls for an elaborate judgment nor a detailed discussion of the point involved in the appeal. We do not proposes to give exhaustive reasons in support of our decision for in our opinion decisions on the subject are legion and we consider it unnecessary to refer to them in details.2. Appellant-pl...
1[ds]3. Even if the High Court was justified in holding that the deletion of the word Uterine has some significance and may work in favour of either side to a very great extent yet that itself would not provide any justification for rejecting the amendment in exercise of its revisionaladmission made by a party may be w...
1
674
285
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: 1. This appeal neither calls for an elaborate judgment nor a detailed discussion of the point involved in the appeal. We d...
S. Pl. Narayanan Chettiar Vs. M. Ar. Annamalai Chettiar
and which are not executable and which have become final before the commencement of the Act, need not be reopened. A reading of the two clauses together would suggest that cl. (iii) would apply exclusively to executable decrees or orders which, though they have become final before the commencement of the Act, are still...
0[ds]Unfortunately, the language of S.16 is not very clear and lends itself to difficulties of interpretation.We agree with the High Court that S. 16 of the amending Act in the amendments made by that Act in the sense that those amendments apply to the suits and proceedings described in the three clauses of S.Sub-secti...
0
6,030
1,484
### 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: and which are not executable and which have become final before the commencement of the Act, need not b...
M/S. Damodar Valley Corporation Vs. The State Of Bihar
"residual life" was not less than the standard life fixed by the parties. It is clear from the terms and conditions quoted above that there was no right in the contractors to return any of the machinery and equipments at any time they liked, or found it convenient to do so. The conditions which apply to all equipments,...
1[ds]In our opinion, these additional grounds are not open. They were never raised at any stage of the proceedings before the authorities below, or in the High Court. This Court is sitting in appeal over the decision of the High Court under S. 25 of the Act. The High Court in coming to its conclusion was acting only in...
1
5,190
1,035
### 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: "residual life" was not less than the standard life fixed by the parties. It is clear from the terms and conditions quoted...
H.D. Vora Vs. State of Maharashtra and Others
the acquiring authority. But the concept of requisition involves merely taking of "domain or control over property without acquiring rights of ownership" and must by its very nature be of temporary duration. If requisitioning of property could legitimately continue for an indefinite period of time, the distinction betw...
0[ds]Here in the present case the order of requisition was made as far back as 9th April 1951 and even if it was made for housing a homeless person and the appellant at that time fell within the category of homeless person, it cannot be allowed to continue for such an inordinately long period as thirty years. We must t...
0
2,640
651
### 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 acquiring authority. But the concept of requisition involves merely taking of "domain or control over pr...
Bharat Kala Bhandar Ltd Vs. Municipal Committee, Dhamangaon
failure of the Municipal Committee to consider the objections to the proposed taxes:"Now there can be no question that the municipal committee, in imposing and collecting tax at four annas per animal, was acting exactly in accordance with S. 68. It must be observed that there is a difference between a case when a corpo...
1[ds]As we have said, that is not the case here because its action is something which is prohibited by law, and so wholly beyond its jurisdiction, and, therefore, S. 48 does not apply18. The levy of a tax on professions, trades, callings, etc., was within the power of the Provincial Legislature and is now within the po...
1
19,089
1,666
### 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: failure of the Municipal Committee to consider the objections to the proposed taxes:"Now there can be no que...
Commissioner Of Income-Tax,West Bengal Vs. Messrs. Jeewanlal Ltd
of its shareholders. In this sense, the directors of the company may well be regarded as having "a controlling interest" in the company when they hold and are entered in the share register as holders of the majority of the shares which under the Articles of Association of the company, carry the right to vote.See -Glasg...
1[ds]6. In common parlance a person is said to have "a controlling interest" in a company when such a person acquires, by purchase or otherwise, the majority of the vote-carrying shares in that company, for the control of the company resides in the voting powers of its shareholders. In this sense, the directors of the ...
1
2,084
682
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: of its shareholders. In this sense, the directors of the company may well be regarded as having "a controlling interest" i...
State Of Madhya Pradesh And Ors Vs. Krishnarao Shinde And Ors
by the summary proceeding provided for under that section 5. As stated earlier, the High Court had, in the earlier proceeding, held that the Company was not a pakka tenant. That Judgment of the High Court became final by the unconditional withdrawal of the appeal filed in this Court against it. The Madhya Bharat Land R...
1[ds]t is to be noticed that subsequent to the withdrawal of the appeal from this Court, fresh terms were agreed upon between the Company and the government to enable the Company to remain in possession of the land as a lessee. The Company is thus a person holding the land from the State Government. This is so whether ...
1
2,195
316
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: by the summary proceeding provided for under that section 5. As stated earlier, the High Court had, in the e...
Patel Madhavlal Parshottamdas Vs. Jaitaram Madhavlal and Others
1. The Housing Society purchased lands bearing S. Nos. 2, 3 and 4 to construct houses for its members. Subsequently the society purchased S. No. 17 for putting up 38 bungalows at the first instance but later they decided to construct ten more bungalows. Applications were called for for allotment with a deposit of Rs. 5...
1[ds]It confirmed the finding of the City Civil Court that the first respondent is entitled to priority over the appellant but the question as to whether the appellant would be entitled to a bungalow in preference to the other respondents was not considered. The question has to be decided by the High Court. The matter ...
1
612
220
### 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: 1. The Housing Society purchased lands bearing S. Nos. 2, 3 and 4 to construct houses for its members. Subsequently the soci...
NATIONAL AGRICULTURAL COOPERATIVE MARKETING FEDERATION OF INDIA Vs. ALIMENTA S.A
by the court on three copies is, we think, mistaken. Perhaps, the rule requires three copies, and failure to comply therewith may be an irregularity. Had no copy been furnished of any one of the three items, the result might have been different. In the present case, copies of all the three documents prescribed, have be...
1[ds]Consequently, NAFED could not have been held liable to pay damagesIt is apparent from Clause 14 of the Agreement that during the contract shipment period in the event of the prohibition of export by an executive or legislative act by any of the Government of origin, such restriction shall be deemed by both the par...
1
24,501
2,536
### 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: by the court on three copies is, we think, mistaken. Perhaps, the rule requires three copies, and failure to comp...
Associated Biscuit Company Private Limited Vs. S T. L. Nambiar
Court was called upon to consider this question in Shankarlal Aggarwala v. Shankarlal Poddar [1965] 35 Comp Cas 1 (SC), where a sale of property was confirmed by the company court and an appeal was raised disputing the order confirming the sale. An argument was raise that the confirmation of sale was mere administrativ...
1[ds]In the matter of winding up, admission of a petition is an important stage. Once the petition for winding up is admitted, the procedure under the rules requires that the judge in chamber will fix up a date for final hearing and before that will also fix a date for the advertisement of the petition. This procedure ...
1
5,081
3,314
### 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: Court was called upon to consider this question in Shankarlal Aggarwala v. Shankarlal Poddar [1965] 35 Comp ...
Ramesh Verma(D) Tr.Lrs Vs. Lajesh Saxena (D) By Lrs
of Section 6 stresses that the Act does not interfere with the special rights of those who are members of Mitakshara property except to the extent that it seeks to ensure the female heirs as specified in Class I of the Schedule, a share in the interest of a coparcener in the event of his death, by introducing the conce...
0[ds]16. Insofar as the execution of the first Will dated 07.12.1969 is concerned, the witnesses Shyam Mohan Bhatnagar and scribe Mahesh Narayan have stated that the testator Jaydevi executed the Will and witnesses Shyam Mohan and R.P. Johri have signed. Witness Johri was the brother-in-law of Ramesh Verma and thus int...
0
2,135
470
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: of Section 6 stresses that the Act does not interfere with the special rights of those who are members ...
THE MAYOR JAIPUR MUNICIPAL CORPORATION & ANR Vs. THAKUR SHIV RAJ SINGH & ORS
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.2.7. That in pursuance of the aforesaid order passed by the respon...
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: 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: respondents No 2 & 3 vide order bearing No.F.13/At.Mu.N.Niyo./ dated 22.02.2003 directed to deposit an ...
M/S. TVS MOTOR COMPANY LTD Vs. THE STATE OF TAMIL NADU AND OTHERS
very clear from the aforesaid discussion that this Court held that ITC is a form of concession which is provided by the Act; it cannot be claimed as a matter of right but only in terms of the provisions of the statute; therefore, the conditions mentioned in the aforesaid Section had to be fulfilled by the dealer; and s...
1[ds]30. While entertaining question no. (2), namely, whether the impugned provisions are violative of Articles 14, 19(1)(g) and 301 of the Constitution, the High Court pointed out that on this aspect, argument of the assessees was that the words β€˜rate applicable? employed in Section 8(2) of the CST Act has to necessar...
1
14,777
1,854
### 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: very clear from the aforesaid discussion that this Court held that ITC is a form of concession which is provi...
Bihar State Board Of Hindu Religious Trusts Vs. Bhubneshwar Prasad Choudhary & Anr
affairs of the temple and the trust properties, and that there was nothing to indicate that the founder or founders of the trust intended that members of the public should be associated with the management of the temple and the trust properties and the puja. They also held that "the mere fact that some other members of...
1[ds]Be that as it may, we are of opinion that the main point regarding all these documents is the fact that the executants had completely divested themselves of any title to or interest in the dedicated properties which thereby became the properties of the deity. The only power which the members of the family thereaft...
1
2,212
1,419
### 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: affairs of the temple and the trust properties, and that there was nothing to indicate that the founder or founders of the ...
New India Assurance Company Limited Vs. Mandar Madhav Tambe and Others
that Jaysing Jadhav could not be the driver for the purpose of the policy. But the proviso does not halt there. It adds an independent clause after employing the disjunction or. If the clause after the disjunction or is taken note of, it permits a person who had held a permanent driving licence and who was not disquali...
1[ds]( 9 ) IF this be the position with regard to the learners licence, we do not think that it will be appropriate to treat the holder of a learners licence as not duly licensed for the purpose ofe (ii) of Clause (b) ofn (2) of section 96 of the Act on which reliance is placed. It will be in keeping with the purposes ...
1
3,393
1,679
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: that Jaysing Jadhav could not be the driver for the purpose of the policy. But the proviso does not halt the...
Om Construction Co Vs. Ahmedabad Municipal Corp. & Another
arrived at a consensus regarding the passing of such an order. 9. Mr. Gambhir submitted that the Ahmedabad Municipal Corporation had themselves agreed to the appointment of an Arbitrator under the 1996 Act and could not, therefore, resile from such position in the instant case. 10. The stand taken by Mr. Gambhir was op...
1[ds]Having arrived at the aforesaid conclusion, the only question that remains to be decided is whether this matter should be remitted to the High Court for appointment of an Arbitrator or whether we should ourselves appoint an Arbitrator in terms of the Arbitration Agreement. Remitting the matter to the High Court wo...
1
2,703
211
### 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: arrived at a consensus regarding the passing of such an order. 9. Mr. Gambhir submitted that the ...
M/s. Raptakos Brett & Co. Ltd Vs. Ganesh Property
avoided and such a technical contention which does not advance the case of justice should be rejected. That the courts always lean in favour of curing such technical obstacles which have no bearing on the merits of the controversy between the parties. In this connection Dr. Singhvi pressed in service to two decisions o...
0[ds]We fail to appreciate how this decision can advance the case of the appellant. All that it says is that on determination of tenancy the tenant would be bound to restore the possession of the demised premises to the erstwhile landlord and if there is an express term/covenant in the lease to that effect it would app...
0
15,668
1,007
### 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: avoided and such a technical contention which does not advance the case of justice should be rejected. That the courts alw...
Employers In Relation To Punjab National Bank Vs. Ghulam Dastagir
decision in other cases are rather illustrative than determinative. To crystalise criteria conclusively is baffling but board indications may be available from decisions. The "beedi cases" turn on the reality of "independent contractors" standing in between the management and the beedi workers. This Court, in many such...
1[ds]5. We are impressed with Shri Kheras appeal to us that the system of allowances in a country where there is unemployment may lead to individual injustice with an exploitative edge. It is likely that if the Bank had to employ drivers for their vehicles, the terms and conditions would have been much higher but in th...
1
1,778
303
### 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: decision in other cases are rather illustrative than determinative. To crystalise criteria conclusively is baffling but bo...
M.K. Kotecha Vs. Commnr.Of Cent.Excise,Aurangabad
the three units of the appellant. The contract price agreed upon was based on complete break-up of the charges including the prices of the RCC pipes and collars. The said pipes were manufactured in the factory of the appellant. They were cleared therefrom. The pricing of RCC pipes and collars was indicated in the proje...
0[ds]However, the annexure to the price list indicates that the appellant had mischievously priced the said RCC pipes/collars on cost basis without estimating the profits. The Price List proforma in Part VI(b) refers to cases where comparable prices are not available and consequently, the determination of assessable va...
0
4,938
1,011
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: the three units of the appellant. The contract price agreed upon was based on complete break-up of the charg...
Union Of India Vs. Salween Timber Construction (India) & Ors
be made or used in support of a claim all benefit under the policy should be forfeited. In answer to a claim by the assured, the insurers alleged that statements in the proposal and declaration were false. When the matter came before the arbitrator, the assured objected that this was not a difference in the arbitration...
0[ds]We do not think that there is any justification for the argument put forward on behalf of the appellant. In our opinion, the claim made by the respondent firm was a claim arising out of thee test for determining the question is whether recourse to the contract by which both the parties are bound is necessary for t...
0
3,344
394
### 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: be made or used in support of a claim all benefit under the policy should be forfeited. In answer to a claim by th...
Pilani Investment Corporation Ltd Vs. The Commissioner Of Income Tax (Central)
The Tribunal observed that both JC Mills and PPI Co. were public companies in which the public were substantially interested and therefore, it was not correct to say that the shares held by the two companies were controlled by a group of persons as distinguished from members of the public. The Tribunal further observed...
1[ds]6. There is in the present case also no evidence to show that the directors had eliminated the element of transferability of shares. As such, we find that the decision of the High Court in answering the question against the assessee cannot be sustained.The case of Commr. of Income-tax v. Jubilee Mills Ltd., (1963)...
1
1,810
633
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: The Tribunal observed that both JC Mills and PPI Co. were public companies in which the public were sub...
AMARENDRA KUMAR PANDEY Vs. UNION OF INDIA & ORS
State of Bihar, AIR 1966 SC 740 ; Dwarka Das v. State of J. and K., AIR 1957 SC 164 at p. 168 and Motilall v. State of Bihar, AIR 1968 SC 1509 . On the same principle, the administrative action will be invalidated if it can be established that the authority was satisfied on the wrong question: [See (1967) 1 AC 13]. 38....
1[ds]22. We must first look into the decision of this Court rendered in the case of Virendra Kumar Dubey (supra). In the said case, the appellant Virendra Kumar Dubey was enrolled as an operator in the corps of Artillery of Indian Army on 27.09.1980. Having served in that capacity for nearly twelve years, he received a...
1
6,986
3,235
### 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: State of Bihar, AIR 1966 SC 740 ; Dwarka Das v. State of J. and K., AIR 1957 SC 164 at p. 168 and Motilall...
COAL INDIA LTD Vs. NAVIN KUMAR SINGH
The policy in the form of clause 11 deals with the latter. There is no express stipulation in the policy – be it clause 11 or any other official document – to even remotely suggest that on seeking inter-company transfer on personal grounds, the executive concerned would lose even his past service rendered by him in the...
0[ds]16. In the present case, there is no dispute that the respondent had rendered service inGrade on regular basis in DCC from where he was transferred to CMPDIL, on personal grounds. The service rendered by him in DCC can be and ought to be taken into account for all other purposes, other than for determination of hi...
0
3,901
444
### 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 policy in the form of clause 11 deals with the latter. There is no express stipulation in the policy – be it clause 1...
Kamla Kanahiyalal Khushalani Vs. State of Mahararashtra and Another
which led to such factual inferences. The grounds must be self-sufficient and self explanatory. In our view copies of documents to which reference is made in the grounds must be supplied to the detenu as part of the grounds."3. The Court, therefore, clearly held that the documents and materials relied upon in the order...
1[ds]In support of the petition, Mr. Jethmalani has submitted two points on which alone, in our opinion, the petition mustregards the first case, which is a decision of two Judges of this Court, it has clearly held that before an effective representation can be made by the detenu he must be supplied with the documents ...
1
2,335
1,949
### 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: which led to such factual inferences. The grounds must be self-sufficient and self explanatory. In our view copies of doc...
Commissioner Of Income-Tax, Assam Etc Vs. The Panbari Tea Co. Ltd
the rent were payable in instalments in the manner provided in the document. The parties were businessmen presumably well-versed in the working of tea estates. They must be assumed to have known the difference between the two expressions "premium and "rent", and they had designedly used those two expressions to connote...
1[ds]Before comparing the figures given for the two periods, i.e., the period before March 1950 and the period thereafter, it is necessary to add back the said three items of expenditure totalling Rs. 28,123/- to the net profit of the year ended with 31st March, 1952; if they, were added, instead of Rs. 17,686/-, the p...
1
2,627
236
### 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 rent were payable in instalments in the manner provided in the document. The parties were businessmen presumably well-v...
Bharat Sanchar Nigam Ltd. Vs. Bpl Mobile Cellular Ltd.
private and charges for non-exchange lines. The Tribunal which is an expert body, opined : "12. We find grey areas in the submissions made by both the sides. Firstly, it is not at all clear whether the lease arrangements entered into by the petitioner with the respondents were covered under Rule 434 Section IX or secti...
0[ds]22. For the purpose of determining the questions involved in the present appeals, we may ignore the fact that pursuant to or in furtherance of the negotiations held by and between the parties, the respondents imported equipments but, for one reason or the other, as noticed hereinbefore, the same could not be insta...
0
12,416
1,014
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: private and charges for non-exchange lines. The Tribunal which is an expert body, opined : "12. We find grey areas in the ...
UMC TECHNOLOGIES PRIVATE LIMITED Vs. FOOD CORPORATION OF INDIA AND ANR
We may hasten to add that even if it is not specifically mentioned in the show-cause notice but it can clearly and safely be discerned from the reading thereof, that would be sufficient to meet this requirement. 21. Thus, from the above discussion, a clear legal position emerges that for a show cause notice to constitu...
1[ds]12. We have given our anxious consideration to the submissions made by the learned counsel at the Bar on behalf of the parties. In our opinion, the validity of the impugned order of the Corporation dated 09.01.2019, so far as the blacklisting of the appellant thereunder is concerned, would in turn be determined by...
1
4,617
1,875
### 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: We may hasten to add that even if it is not specifically mentioned in the show-cause notice but it ca...
Mahesh Vs. State Of Maharashtra
was the blood group of the deceased Sunita. He also contended that the prosecution has not explained the injury found on the little finger of the right hand of the appellant and, therefore, the appellant on this ground was also entitled to the benefit of doubt which has rightly been given to him by the trial court. We ...
0[ds]16. Though the above principles are well-established, a different note was struck in several decisions by this Court. It is, therefore, appropriate if we consider some more leading decisions on the point.In the backdrop of the above-said contentions of the learned counsel for the parties and in the light of princi...
0
12,242
777
### 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: was the blood group of the deceased Sunita. He also contended that the prosecution has not explained the injury f...
Sayed Mohammed Masood Vs. State of Maharashtra, Through The Inspector In Charge & Another
the commission of a cognizable offense and the information so lodged must provide a basis for the police officer to suspect the 18 commission of a cognizable offense. He has also referred to the case of T. T. Antony v/s State of Kerala, reported in (2001) 6 SCC 181. In paragraph 18 of the said judgment the Supreme Cour...
1[ds]9. Since there is no controversy on facts and no further facts need to be even investigated by the police because it is admitted case of both the parties that the monies were paid for a period of five years at the rate of Rs.4,000/per month but the vehicle was not returned. Whereas the case of the petitioner is th...
1
5,715
650
### 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 commission of a cognizable offense and the information so lodged must provide a basis for the police officer to suspect ...
Dwarka Prasad Agarwal (D) By Lr. Vs. Ramesh Chandra Agarwal
the winding up of companies.(3) For the purposes of jurisdiction to wind up companies, the expression "registered office" means the place which has longest been the registered office of the company during the six months immediately preceding the presentation of the petition for winding up." 19. A bare perusal of the af...
1[ds]17. At the outset, we may observe that when a disputed question as regard the right of one partner against the other to file a declaration in terms of the provisions of the Act had arisen for consideration, the High Court was not correct in issuing a subsequent direction in the review petition. Such a jurisdiction...
1
3,665
725
### 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 winding up of companies.(3) For the purposes of jurisdiction to wind up companies, the expression "registered office" me...
STATE OF M.P & ORS. Vs. RAKESH SETHI & ANR.
and royalty. If this were not so, it would lead to the absurd result that when the government grants a mining lease, it is granted gratis to a person who wants to extract minerals and profit from them. Rules for regulating the grant of mining leases cannot be confined merely to rules providing for the form in which app...
1[ds]26. Section 41(6) the interplay of which, with Section 41(2), is directly in issue – enacts that the registering authority shall assign to the vehicle for display thereon a distinguishing mark consisting of one of the groups of such of those letters and followed by such letters and figures as are allotted to the S...
1
9,299
2,490
### 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: and royalty. If this were not so, it would lead to the absurd result that when the government grants a ...
Gomantak Mazdoor Sangh Vs. State of Goa & Anr
order fixing or revising minimum rates of wages under this Act, or errors arising therein from any accidental slip or omission. (2) Every such notification shall, as soon as may be after it is issued, be placed before the Advisory Board for information. 7.2 What can be said to be an arithmetical or clerical error has b...
1[ds]7.2 What can be said to be an arithmetical or clerical error has been dealt with and considered by this Court in the case of Master Construction Co. (P) Ltd. (supra). It is observed and held that an arithmetical mistake is a mistake of calculation; a clerical mistake is a mistake in writing or typing. An error ari...
1
3,580
798
### 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: order fixing or revising minimum rates of wages under this Act, or errors arising therein from an...
THE GOVERNMENT OF ANDHRA PRADESH Vs. GRACE SATHYAVATHY SHASHIKANT
judgment by this Court dated 27.02.2019 in which this Court referred to various documents and then stated:?Given the High Court judgment and the aforesaid documents, it is obviously not open to the Government to state that no such plot, that is Survey No. 129/45/D or 129/D-45, exists in Jubilee Hills, Sheikpet, Hyderab...
0[ds]We have seen from the description of this land in the sale deed of 1962 as well as in the competent authority?s order dated 27.06.2000 that this would be wholly incorrect inasmuch as this land is clearly not a Government land.We are afraid that neither of these contentions is open to the learned counsel in view of...
0
1,596
289
### 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: judgment by this Court dated 27.02.2019 in which this Court referred to various documents and then stated:?Given ...
Ferozi Lal Jain Vs. Man Mal & Another
Hegde, J1. In this execution appeal by special leave the only question that arises for decision is whether the decree under execution is a nullity as held by the High Court as well as by the courts below.2. The appellant is the owner of Shop No. 4682, Plot No. 21, Daryanganj, Delhi. He leased out that shop to the 1st r...
0[ds]6. From the facts mentioned earlier, it is seen that at no stage, the Court was called upon to apply its mind to the question whether the alleged subletting is true or not. Order made by it does not show that it was satisfied that the subletting complained of has taken place, nor is there any other material on rec...
0
1,018
258
### 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: Hegde, J1. In this execution appeal by special leave the only question that arises for decision is whet...
Eveready Industries India Ltd Vs. State of Karnataka
specified in Notification No. FD 239 CSL 90(I) dated 19th June 1991 issued under Section 8-A of the Karnataka Sales Tax Act, 1957 for claiming exemption under that notification shall mutatis mutandis apply to a industrial unit claiming exemption under notification.? 6. Reading of the aforesaid definition clearly sugges...
0[ds]Though, various arguments have been discussed by the High Court in the impugned judgment, a perusal of the judgment of the High Court would reflect that these arguments were advanced by the appellant to contend that it was not liable to pay entry tax under the Entry Tax Act and was entitled to exemption in terms o...
0
2,974
1,022
### 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: specified in Notification No. FD 239 CSL 90(I) dated 19th June 1991 issued under Section 8-A of the Kar...
UNION OF INDIA Vs. NARESHKUMAR BADRIKUMAR JAGAD
decision will be of any avail to the respondents (Trust). As already noted, it is not a case of subletting by the statutory tenant (Podar Mills Ltd.) but instead a case of involuntary transfer and vesting of rights and interest of the statutory or protected tenant in respect of the suit property in the Central Governme...
1[ds]19. Reverting to the question of whether Union of India has locus to file the review petition, we must immediately advert to Section 114 of the Code of Civil Procedure ( CPC) which, inter alia, postulates that any person considering himself aggrieved would have locus to file a review petition. Order XLVII of CPC r...
1
19,125
3,844
### 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: decision will be of any avail to the respondents (Trust). As already noted, it is not a case of subletting b...
M/s. Ganesh Flour Mills Co. Ltd Vs. Employees of M/s. Ganesh Flour Mills Co. Ltd
erroneous in law and it needs to be corrected. If any of these debts are fortunately recovered in subsequent years they would no doubt be credited when they are so recovered. Indeed in the relevant year itself Rs. 12,028 which had been shown as an item of bad debt in the previous year has been credited because it has b...
1[ds]6.The question thus raised by the parties before us is no doubt of some importance; but we do not think it necessary to decide this question in the present appeal because we have reached the conclusion that even assuming that the business carried on by the appellant in India as well as in Pakistan is treated as on...
1
6,014
990
### 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: erroneous in law and it needs to be corrected. If any of these debts are fortunately recovered in subsequen...
New Delhi Municipal Committee Vs. Kalu Ram & Anr
recover the sum had expired. Admittedly any suit instituted on the date when the Estate Officer made his order under Section 7(1) would have been barred by time. Mr. Hardy argued that the LimitaΒ­tion Act only barred the remedy by way of suit and did not extinguish the right, and Section 7 of the Public Premises (Evicti...
0[ds]would appear from the terms of the section, it provides aprocedure for the recovery of arrears of rent. It was argued that since Section 7 did not put a time-limit for taking steps under that Section and as the limitation prescribed for a suit to recover the amount did not apply to a proceeding under this section,...
0
1,546
531
### 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: recover the sum had expired. Admittedly any suit instituted on the date when the Estate Officer made his order un...
Sone Valley Portland Cement Company Limited Vs. General, Mining Syndicate Private Limited
be impressed upon us by Mr. Patel in regard to this aspect of the matter by reading out to us a passage from Craies on Statute Law. The counsel has strongly urged that since it is not strictly permissible to interpret a statute by reference to what has been said in subsequent statutes, resort cannot be had to the provi...
0[ds]We also find ourselves unable to accept this contention and to disregard the well settled canon that sometimes light may be thrown upon the meaning of an Act by taking into consideration parliamentary expositions as revealed by the later Act which amends the earlier one to clear up any doubt or ambiguity. This pri...
0
6,546
882
### 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: be impressed upon us by Mr. Patel in regard to this aspect of the matter by reading out to us a passage from Craies on Statu...
A.R. Krishnamurthy & Anr Vs. C.I.T. Madras
That since the cost of acquisition of the right granted under the lease cannot be determined, the computation provisions under the Act can not apply at all and as such section 45 of the Act is not attracted. Reliance for this contention is placed on the judgment of this court in CIT v. B. C. Srinivasa Setty [1981] 128 ...
0[ds]As regards the first contention, section 2(14) of the Act defines "capital asset" as "property of any kind held by an assessee". What is parted with under the terms of the lease deed is the right to exploit the land by extracting clay, which right directly flows from the ownership of the land. The said right, eval...
0
2,209
1,050
### 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: That since the cost of acquisition of the right granted under the lease cannot be determined, the computation provisions ...
Commissioner of Income Tax Vs. Kamala Town Trust
of the fund should not be in a position to make a grant to such a person to make up his loss. It might be a most desirable thing to do and the administrators might justly think that they had used some of the funds to the best advantage. But such use cannot be said to be for the relief of poverty. Even if (as had been a...
1[ds]Contention No.1---------------- So far as jurisdiction of the Civil Court to grant rectification of the Trust Deed is concerned the relevant provision is found in Section 26 ofthe Specific Relief Act, 1963 which had succeeded the prior Specific Relief Act of 1877. Under the earlier Act an analogous provision was f...
1
16,704
6,545
### 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: of the fund should not be in a position to make a grant to such a person to make up his loss. It might be a most desirable...
Tata Chemicals Ltd Vs. Its Workmen
a highly integrated chemical complex based on the solar evaporation of sea water in India is the largest solar salt producing concern in the country. The statistics also show that production of soda ash in diverse forms by the appellant Company for the relevant years is considerably higher than the combined production ...
0[ds]The legal position emerging from the aforementioned provisions of the Act being clear, we now proceed to tackle the questions set out above.As the first two questions are inseparably linked up, we propose to deal with them together. Although, prima facie there seems to be considerable force in the Sanghs stand tha...
0
5,232
1,990
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: a highly integrated chemical complex based on the solar evaporation of sea water in India is the largest solar salt produ...
C.I.T. Andhra Pradesh Vs. M/S Taj Mahal Hotel, Secunderabad
into.7. The case - J. Lyons and Company Limited v. Attorney-General (1944) 1 Ch 281 relied upon by the learned counsel for the appellant apart from being distinguishable hardly supports the contention of the appellant. In that case, it was held that electric lamps and fittings in a tea shop were not part of the apparat...
0[ds]6. Now it is well settled that where the definition of a word has not been given, it must be construed in its popular sense if it is a word of every day use. Popular sense means "that sense which people conversant with the subject matter with which the statute is dealing, would attribute to it". In the present cas...
0
2,209
1,133
### 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: into.7. The case - J. Lyons and Company Limited v. Attorney-General (1944) 1 Ch 281 relied upon by the ...
Indian Carbon Limited Vs. Superintendent of Taxes, Gauhati and Others
1964. The company then moved the High Court under Art. 226 of the Constitution which was dismissed.3. In the writ petition as also the return held in reply there to and before the High Court the provisions of certain other enactments were mentioned. These were the Assam Finance Sales Tax Act, 1956 as amended from time ...
1[ds]6. We are wholly unable to agree with the reasoning or the conclusion of the High Court with regard to the ambit of clause (i) of section 14 of the Central Act. The language is clearly wide and coal has been stated to include coke in all its forms. It is not denied that petroleum is one of the forms of coke. There...
1
1,462
466
### 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: 1964. The company then moved the High Court under Art. 226 of the Constitution which was dismissed.3. In the writ petitio...
A.P. State Financial Corporation Vs. Official Liquidator
portion therein, and, where a secured creditor, instead of relinquishing his security and proving his debt, opts to realise his security, -(a) the liquidator shall be entitled to represent the workmen and enforce such charge;(b) any amount realised by the liquidator by way of enforcement of such charge shall be applied...
0[ds]We are, therefore, of the opinion that the above proviso to(1) of Section 529 and Sectionwill control Section 29 of the Act of 1951. In other words the statutory right to sell the property under Section 29 of the Act of 1951 has to be exercised with the rights of pari passu charge to the workmen created by the pro...
0
1,730
364
### 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: portion therein, and, where a secured creditor, instead of relinquishing his security and proving his debt, ...
Commissioner Of Income Tax, Patiala Vs. Piara Singh
the business of smuggling gold he was entitled to a deduction under s. 10(1) of the Indian I.T. Act of the entire sum of Rs. 65, 500 as a loss incurred in the business on the confiscation of the currency notes. The Tribunal upheld the claim for deduction. It proceeded on the basis that the assessee was carrying on a re...
0[ds]In our judgment, the High Court is right. The I.T. authorities found that the assessee was carrying on the business of smuggling. They held that he was, therefore, liable to income-tax on the income from that businessThe currency notes carried by the assessee across the border constituted the means for acquiring g...
0
1,355
728
### 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 business of smuggling gold he was entitled to a deduction under s. 10(1) of the Indian I.T. Act of ...
Chaube Jagdish Prasad And Another Vs. Ganga Prasad Chaturvedi
Ayyangar v. Hindu Religious Endowment Board, Madras, 76 Ind App 67 at p. 73:(AIR 1949 P C 156 at p. 158).Therefore if an erroneous decision of a subordinate Court resulted in its exercising jurisdiction not vested in it by law or failing to exercise the jurisdiction so vested or acting with material irregularity or ill...
0[ds]17. The High Court, in our view, approached the question quite correctly when it stated that the question for determination was whether the accommodation had been constructed before or after 30th June 1946, and that it was constructed before that date the suit was incompetent and it after, the suit would lie. The ...
0
5,038
1,747
### 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: Ayyangar v. Hindu Religious Endowment Board, Madras, 76 Ind App 67 at p. 73:(AIR 1949 P C 156 at p. 158).Therefore if an ...
Kedar Prasad Vs. Jagdish Prasad and Ors
provides that an agricultural labour in possession of unoccupied land in a village as on 2nd October, 1984 would be granted such rights provided that he could not get rights for land exceeding two hectares; and that public land like burial ground, grazing land, skinning ground, bazaar land, etc. were exempted from this...
1[ds]10. As far as the finding of possession is concerned, both the Trial Court and the first Appellate Court had found that the Plaintiffs were not in possession of the suit land. This was a pure finding of fact which could not have been set aside unless it is perverse or based on no evidence. The High Court without d...
1
1,184
381
### 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: provides that an agricultural labour in possession of unoccupied land in a village as on 2nd Octo...
New India Assurance Company Limited Vs. Kusumanchi Kameshwara Rao & Another
govern the rights and obligations of the parties flowing from the contract of guarantee and any oral or documentary evidence would not be admissible to vary the terms of this written document as seen earlier. The learned counsel for the appellant, however, vehemently submitted that to the suit notice given by the plain...
1[ds]In any case as there was no allegation in the notice itself connecting it with the liability of Defendant 2 flowing from the Dissolution Deed Annexure A-2 there was no occasion for the appellant to deny its obligation as a surety qua such a liability. Similarly Annexure B-1, a guarantee bond executed by Defendant ...
1
5,648
502
### 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: govern the rights and obligations of the parties flowing from the contract of guarantee and any oral or documentary evidenc...
COMMISSIONER OF CENTRAL EXCISE, DELHI-III Vs. KAP CONES
approval, as we perceive, is in favour of the assesses as the mandate is that the Committee of Chief Commissioners would apply its mind before recommending to file an appeal, for frivolous and unnecessary appeals are not filed. In fact, the provision has been enacted to prevent filing of unwarranted and undeserving app...
1[ds]9. It is necessary to state at the beginning that there is no cavil over the factual scenario. Therefore, we are only required to scrutinise in the statutory backdrop and regard being had to the amendments from time to time and the proposition stated in the authority in M.M. Rubber (supra) whether tribunal has jur...
1
6,721
2,938
### 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: approval, as we perceive, is in favour of the assesses as the mandate is that the Committee of Chief Commissioners would a...
GLOBE GROUND INDIA EMPLOYEES UNION Vs. LUFTHANSA GERMAN AIRLINES
Court has considered powers of the Tribunal to add necessary and proper parties. In the said judgment this Court has held that if the employer named in reference does not fully represent the interests of the employer as such, other persons who are interested in the undertaking of the employer can be joined. But at the ...
0[ds]From a reading of the reference, which is referred to Industrial Tribunal, it is clear that the reference which is required to be answered by the Industrial Tribunal is that, whether the action of the Management of M/s Globe Ground India (Pvt.) Limited, in closing down their establishment on 15.12.2009 and retrenc...
0
3,294
1,076
### 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: Court has considered powers of the Tribunal to add necessary and proper parties. In the said judgment...
RANBIR SINGH Vs. EXECUTIVE ENG. P.W.D
the Ajay Pal Singh (supra), the Bench of this Court, by judgment rendered in the year 2015, took the view that, when the termination is effected of service of a daily wager, there must be compliance of Section 25F. This Court, in fact, went on also to note that unlike a private body, in the case of a public body, while...
1[ds]4. It is true that in the Ajay Pal Singh (supra), the Bench of this Court, by judgment rendered in the year 2015, took the view that, when the termination is effected of service of a daily wager, there must be compliance of Section 25F. This Court, in fact, went on also to note that unlike a private body, in the c...
1
1,619
1,166
### 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 Ajay Pal Singh (supra), the Bench of this Court, by judgment rendered in the year 2015, took the view that, when the ...
SIKANDER JEHAN BEGUM AND ANOTHER Vs. (ANDHRA PRADESH STATE GOVERNMENT)
and it is a also true that generally the property of the deceased Jagirdar was granted to the person who was held by the Nizam to be the successor of the deceased Jagirdar. But that does not affect the true legal character of the Jagir. This position is borne out by the previous Firman issued by the Nizam in regard to ...
0[ds]It is common ground that our decision in the Writ Petition will govern the decision in the Civil Appeal. Indeed, as we have already indicated, both the proceedings raise the same point of law.It will be noticed that the result of S. 13(2) is to validate the orders of the authorities therein specified which have be...
0
5,165
1,371
### 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: and it is a also true that generally the property of the deceased Jagirdar was granted to the person who was...
M/s. Jaipur Udyog Limited & Another Vs. Commissioner of Income Tax, Delhi, Rajasthan & Another
of the claim in making a provisional assessment. In our judgment, if it be granted that the Income-tax Officer has jurisdiction to hold an enquiry into disputed matters, the expression "provisional assessment" may lose all significance: the Income-tax Officer may under a summary assessment without giving an opportunity...
1[ds]8. The High Court was of the view that the basic scheme of the Act is that tax is to be charged at the rate or rates prescribed for the year on the total income of the assessee and in accordance with the provisions of the Act, and that this basic scheme applies alike to a provisional assessment as to a regular ass...
1
2,745
814
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: of the claim in making a provisional assessment. In our judgment, if it be granted that the Income-tax Officer ha...
MT Pamboor 2 (IMO 9914852) and Ors Vs. Shiny Shipping & Logistics Private Limited and Ors
fraudulent activity. Though this was in the context of binding third parties to arbitration clauses, the principle remains. Similarly, in Vodafone International Holdings BV v Union of India, ((2012) 6 SCC 613 ; paragraph 74) the Supreme Court held (in the context of taxation) that to properly invoke the doctrines of be...
1[ds]7. The Defendants came up in Appeal. The principal ground canvassed, and we think rightly, by Mr Dhond for the Appellants was that the impugned order could not have required both the furnishing of a full security and yet continued the arrest. We believe Mr Dhond is correct. It is much too well settled to admit of ...
1
8,297
4,301
### 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: fraudulent activity. Though this was in the context of binding third parties to arbitration clauses, the principle remains...
Tej Bahadur Singh Vs. State of Uttar Pradesh
narration of the prosecution case as is given by the prosecution witnesses, to say the least, was foolproof inasmuch as none of the witnesses faulted (sic faltered) anywhere in his respective statement. On that basis, we could have dismissed the appeal, yet we do not. Rather the foolproof narration given by the prosecu...
1[ds]7. Those were the days of Emergency declared in the country. The administrative air was changed and abnormal; so was peoples behaviour. Suspicion and caution permeated the attitude and functioning of the administrators and the administered. Bearing that in mind and in that backdrop the prosecution case need have b...
1
2,495
949
### 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: narration of the prosecution case as is given by the prosecution witnesses, to say the least, was foolproof ...
Regional Manager & Anr Vs. Pawan Kumar Dubey
an order on a complaint against the respondent that the respondent had misused the services of a Chowkidar. The detailed order of 2nd June, 1970, shows that, although, the complaint was dismissed by the General Manager, yet, he had admonished the respondent and had advised him to conduct himself more respectfully towar...
0[ds]Even if the case before us could be one in which the High Court could have refrained from interfering, we do not consider it to be a fit case for invoking our jurisdiction under Article 136 of the Constitution. The High Court has only quashed an order of reversion which was detrimental to the respondent and was pa...
0
5,216
256
### 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: an order on a complaint against the respondent that the respondent had misused the services of a Chowkidar. T...
Jai Singh Jairam Tyagi Etc Vs. Mamanchand Ratilal Agarwal and Others
effect under the provisions of sub.-s. 2. We see no justification for confining the applicability of sub.-s. 4 to cases where notifications are issued with retrospective effect under sub.-s. 2. Sub.-s. 4 in terms is not as confined. It applies to all cases of decrees or orders made before the extension of a State Legis...
0[ds]The effect of the pro visions of the Amending Act appear to us lo be very clear. Under s. 3 of the unamended Act, a notification could be issued extending a State Legislation to a Cantonment area with effect from the date of the notification. As a result of the introduction of sub.-s. 2 of s. 3 the notification ca...
0
3,472
1,229
### 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: effect under the provisions of sub.-s. 2. We see no justification for confining the applicability of sub.-s. 4 to cases w...
Oil & Natural Gas Corporation Limited Vs. Soconord Octg & Another
provision of liquidated damages has been made in the contract, in the event of breach by one of the parties, such clause has to be read covering all types of breaches although parties may not have intended and provided for compensation in express terms for all types of breaches."The judgment is a complete answer on thi...
1[ds]14. It is impossible to hold that the view taken by the Umpire is not a possible one. Indeed, it appears to be the correct view. The least that must be said is that the view taken by the Umpire was a possible one. It would, in any event, therefore, not be open to this Court to substitute its view, assuming it had ...
1
11,726
5,193
### 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: provision of liquidated damages has been made in the contract, in the event of breach by one of the par...
Smita Conductors Ltd Vs. Dinesh Engineering Corporation
would have been an acceptable arguemnt if EDC was manufacturing GE-gevernors itself. It is an admitted case that ESC manufactures its own governors and not GE-governors nor are they licensed to manufacture GE-governors. All and any/sundry governors manufacturer cannot be treated as a manufacturer of original equipment ...
0[ds]13. A perusal of the said letter shows that the Board adopted this policy leeping in mind the need to assure reliability and quality performance of the governor and its spare parts in the context of sophistication, complexity and high degree of precision associated with governors. It is in this background that in ...
0
4,034
1,156
### 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: would have been an acceptable arguemnt if EDC was manufacturing GE-gevernors itself. It is an admitted ...
Tirumala Venkateswara Timber Andbamboo Firm Vs. Commercial Tax Officer, Rajahmundry
the title to the property must actually pass in the goods.As we have already pointed out, the third Explanation to S. 2 (1) (n) of the Act must be interpreted to mean that where there is in reality a transfer of property in the goods by the principal to the agent and by the agent in his turn to the buyer, there are two...
0[ds]3. In our opinion the real object of the Explanation is to prevent the misuse by the assessee of the relationship of principal and agent for the purpose of evading tax. The first situation contemplated by the legislature is that covered by Cl. 2 (i) of Explanation III where the agent has sold the goods at one rate...
0
2,575
749
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the title to the property must actually pass in the goods.As we have already pointed out, the third Explanation to S. 2 (1...
Union of India Vs. Brijlal Purshottamdas
the railway company which contracted to carry goods partly over its own railway and partly over the railways of other carriers was responsible for the goods for the whole journey unless it limited its liability by agreement (See Muschamp v. Lancaster Etc., Junction Rly. Co.), (1841) 8 M and W 421 = 151 ER l103. The onl...
0[ds]The Section clearly contemplates that on this matter the administration should submit its evidence first at the trial, and it is only when negligence or misconduct cannot fairly be inferred from such evidence that the burden of proving the negligence or misconduct shifts to the consignor.In the present case 14 pac...
0
3,338
969
### 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 railway company which contracted to carry goods partly over its own railway and partly over the railways of ot...
Commnr. Of Central Excise, Chandigarh Vs. M/S. Stesalit Ltd
no duty was paid by the respondent on upgraded reactors, they were not eligible for the benefit of exemption provided vide Notification No. 67/95-CE dated 16.03.1995. They were, therefore, required to pay duty on copper coils as an intermediate product which was meant for captive consumption.7. This led to issuance of ...
1[ds]13. Having heard the learned counsel for the appellant and on perusal of the record of the case, we are inclined to accept the submission of the learned counsel for the appellant.14. As rightly argued by the learned counsel for the appellant, the issue urged herein was examined by three judge Bench of this Court i...
1
1,395
580
### 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: no duty was paid by the respondent on upgraded reactors, they were not eligible for the benefit of exemption provided vide ...
Sutna Stone & Lime Co.Ltd., M.P. Vs. U.O.I.
in reappreciating the material on record and substituting its own view in place of arbitrators view. This exercise is not permissible by the court in view of the settled legal position. 12. In the instant case, where there is an error apparent on the face of record or where the arbitrator has not followed the statutory...
0[ds]12. In the instant case, where there is an error apparent on the face of record or where the arbitrator has not followed the statutory legal position, the court would be justified in interfering with the award of the arbitrator.From the discussion of the aforementioned cases, it is clear that the error apparent on...
0
1,889
357
### 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: in reappreciating the material on record and substituting its own view in place of arbitrators view. ...
M/S.Bharat Sales Ltd Vs. L.I.C.Of India
is an essential element of lease or sub-lease. It may be paid in cash or in kind or may have been paid or promised to be paid. It may have been paid in lump sum in advance covering the period for which the premises is let out or sublet or it may have been paid or promised to be paid periodically. Since payment of rent ...
0[ds]3. The only contention raised before us in this Special Leave Petition is that the finding recorded by the Rent Controller as also the Rent Control Appellate Tribunal, Delhi, on the question of subletting is erroneous as they have not recorded a positive finding that there was payment of consideration by the so-ca...
0
1,759
553
### 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 an essential element of lease or sub-lease. It may be paid in cash or in kind or may have been paid or promised to be p...
M/S Cochin Shipyard Ltd Vs. M/S Apeejay Shipping Ltd
award contains reasons, the interference therewith would still be not available within the jurisdiction of the court unless, of course, the reasons are totally perverse or the judgment is based on a wrong proposition of law and further an error apparent on the face of the record would not imply closer scrutiny of the m...
1[ds]4. At the very outset, we are obliged to state that the respondent has not challenged the order passed by the High Court and, therefore, as far as examination of the umpire is concerned, it stands foreclosed. As far as liberty to examine the witness to substantiate the claim for the rule making Court is concerned,...
1
4,429
806
### 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: award contains reasons, the interference therewith would still be not available within the jurisdiction of the court unles...
New India Assurance Co.Ltd Vs. Kiran Singh
therefore, the amount per passenger comes to Rs. 30/- and as per the Indian Motor Tariff Rules the liability of the company is only to the extent of Rs. 30,000/- per passenger. It is further argued that the company had filed true copy of the policy before the Tribunal in which there is an endorsement I.M.T. 13, but bot...
0[ds]for the appellant-company argued that the original policy issued by the appellant-company had an endorsement affixed to it by which I.M.T. 13 was incorporated as a term of the policy and, therefore, the premium paid by the owner could fetch only to the tune of Rs. 30,000/- as compensation per passenger. It is argu...
0
1,407
773
### 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: therefore, the amount per passenger comes to Rs. 30/- and as per the Indian Motor Tariff Rules the liabili...
Indo Burma Petroleum Corp. Ltd Vs. Commissioner Vat Delhi
par with price on 05-06-2006, the notification issued by the Govt. would deem to have become inoperative. The penalty imposed upon the dealers are consequential to the tax imposed.?11. The matters were carried in appeal by the appellants, namely Appeal Nos.134-147/ATVAT/08-09 and other connected matters. The Appellate ...
0[ds]g aggrieved in so far as the interpretation placed on the first proviso to Section 2(1)(zd) of the Act was concerned, preferred appeals under Section 81 of the Act before the High Court. The High Court took the view that upon the partial roll back w.e.f. 30.11.2006 and upon the complete roll back w.e.f. 16.02.2007...
0
3,059
412
### 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: par with price on 05-06-2006, the notification issued by the Govt. would deem to have become inoperative. The pen...
Dasaudha Singh & Ors. Etc. Etc Vs. State Of Haryana & Ors
being fully alive to the matter of compensation it would be legitimate to assume that it did not intend to make any provision when possession was to be handed over by the tenant to the original owner pursuant to an order made under Section 7. The reason apparently for not making any pro-visions for compensation one way...
0[ds]It is difficult to understand how the Jamabandi entry helps the appellants at all. It seems to indicate that the persons who were shown, as tenants at will were cultivating it under the societies which were the lessees. They could not, therefore, claim any better rights then the societies which were the tenants of...
0
5,176
551
### 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: being fully alive to the matter of compensation it would be legitimate to assume that it did not inte...
SOUTHERN POWER DISTRIBUTION POWER COMPANY LIMITED OF ANDHRA PRADESH (APSPDCL) & ANR Vs. M/S HINDUJA NATIONAL POWER CORPORATION LIMITED & ANR
when it is adversarial to the public interest and public good. The record would clearly show that the change in decision is arbitrary, irrational and unreasonable. 106. We may also gainfully refer to the following observations of this Court in the case of Kalabharati Advertising v. Hemant Vimalnath Narichania and other...
0[ds]73. It could thus clearly be seen that though HNPCL had initially proposed to revive its project in the year 2007 as a Merchant--power plant and had proposed to give the Government of Andhra Pradesh first right of refusal, in the MoU, to purchase 25% of the power at regulated tariff, it was at the instance of the ...
0
16,727
7,152
### 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: when it is adversarial to the public interest and public good. The record would clearly show that the chang...
Satish Chandra Anand Vs. Union of India
of the arguments, and had the matter not been reargued we would, for the petitioners satisfaction, have dealt with the contentions raised more fully than will be necessary now that counsel has appeared.6. The petition is under Art. 32 (1) of the Constitution and so it must be shown that a fundamental right has been inf...
0[ds]7. Taking Art. 14 first, it must be shown that the petitioner has been discriminated against in the exercise of enjoyment of some legal right which is open to others who are similarly situated. The rights which he says have been infringed are those conferred by Art. 311. He says he has either been dismissed or rem...
0
1,779
697
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: of the arguments, and had the matter not been reargued we would, for the petitioners satisfaction, have...
Jain Exports (P) Ltd. & Anr Vs. Union Of India & Ors
The items mentioned therein are:β€”It is thus clear that if β€˜coconut oil’ of the industrial variety was covered by paragraph 5 of Appendix 9, then it would not have been included in Appendix 10 and, therefore, could not have been imported under OGL.4. In Appendix 9, no classification of coconut oil is given and, therefor...
0[ds]9. What survives for consideration is the argument relating to the vice of breach of natural justice and the vice of collateral pressure of the Import Authorities in the making of the order. We must frankly state that this aspect of the argument has not at all impressed us. It has not been disputed that show cause...
0
2,531
195
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: The items mentioned therein are:β€”It is thus clear that if β€˜coconut oil’ of the industrial variety was covered by ...
Madhumoy Madhusudam Boul Vs. State of West Bengal
by the courts below are firstly that the accused was ill treating the deceased and secondly that on the fateful night the accused came in the truck and took the deceased and thereafter only the dead body was found in the jungle. The medical evidence is relied upon to show that it was an unnatural death and was due to v...
1[ds]That apart his conduct is highly unnatural. If he had really seen the incident in the manner stated by him, he kept silent for two months, did not inform anybody and what more he states is that he went on his own to the police station and gave a statement. It was simply mentioned that some unknown person has cause...
1
1,868
533
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: by the courts below are firstly that the accused was ill treating the deceased and secondly that on the fate...
Col. D.D. Joshi and Others Vs. Union of India and Others
in the matter of public employment, and it is violative of Article 16 of the Constitution. Reliance was placed on Purshotam Lal and others v. Union of India &Anr (2)., wherein this Court held that when a Pay Commission snakes recommendations and the Government accepts the same, it is hound to implement the recommendati...
0[ds]In the present case, there is no division of a homogeneous class by the choice of the date. The object underlying the benefit extended to the new entrants determines the choice of date. Inducement for attracting fresh recruits from the market must come into force by a certain date. The employer can legitimately de...
0
6,456
1,382
### 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: in the matter of public employment, and it is violative of Article 16 of the Constitution. Reliance was place...
Damyanti Naranga Vs. The Union Of India And Others
the functions, properties etc. of the Society have passed under the Act. There are three reasons why this alternative submission cannot be accepted as ensuring the validity of the Act. The first is that the specific case taken by the respondents has been that the Act reconstitutes the Society and does not create a sepa...
1[ds]We consider it convenient to first deal with the case as was specifically put forward in the counter-affidavits. In these counter-affidavits, the position taken up is that, having declared the old Hindi Sahitya Sammelan, which was a Society registered under the Societies Registration Act, 1860, as an institution o...
1
5,733
1,946
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the functions, properties etc. of the Society have passed under the Act. There are three reasons why ...
Pooran Singh And Another Vs. State Of Madhya Pradesh
appear by pleader or to plead guilty to the charge by registered letter and remitting therewith the sum specified in the summons, and if the Magistrate failed to give that option, the proceedings initiated would be liable to be set aside as infringing the mandatory provision of the Act. The High Court was of the view t...
0[ds]5. In our judgment of the High Court was right in the view it has taken. The Magistrate taking cognizance of an offence is bound to issue summons of the nature prescribed by sub-s. (1) of S. 130. But there is nothing in that sub-section which indicates that he must endorse the summons in terms of both the cls. (a)...
0
1,854
915
### 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: appear by pleader or to plead guilty to the charge by registered letter and remitting therewith the sum specified in the su...
State of Uttar Pradesh Vs. Jayanand Lakhera
however that the liability of Jayanand Lakhera was restricted to Rs. 10, 000/-. He accordingly issued an injunction restraining the State of U.P. from recovering an amount exceeding Rs. 10, 000/- from Jayanand Lakhera. In appeal the High Court of Allahabad decreed the suit and restrained the state from recovering any a...
0[ds]The language used in the bond is somewhat obscure. It does not set out the authority in whose favour it was executed, but the clearest implication was that it was in favour of the Durbar of Tehri Garhwal State. It is not clear whether Tungeshwar Prasad was appointed Tahwildar before June 10, 1944, or that after th...
0
1,571
739
### 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: however that the liability of Jayanand Lakhera was restricted to Rs. 10, 000/-. He accordingly issued an inj...
Jang Singh Vs. Brijlal And Ors
payment of the decretal amount in pre-emption cases also held that the finding that the short could not be extended by the Court. He deposit was due to an act of the Court was unsupported by evidence. He accordingly set aside the decision of the learned District Judge and restored that of the Sub-Judge, Sisra.6. The fa...
1[ds]It is, however, quite clear that the challan was prepared under the Courts direction and the duplicate challan prepared by the Court as well as the one presented to the Bank have been produced in this case and they show the lesser amount. This challan is admittedly prepared by the Execution Clerk and it is also an...
1
1,896
688
### 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 the decretal amount in pre-emption cases also held that the finding that the short cou...
M/S. BANGALORE CLUB Vs. THE COMMISSIONER OF WEALTH TAX & ANR.
beneficiaries thereof would be a fluctuating body of persons, the beneficiaries must be said to be indeterminate as a result of which Sec. 21(4) of the Act would apply and not Sec. 21(1). This was repelled by this Court stating: This immediately takes us to the question as to which of the two sub-sections, (1) or (4) o...
1[ds]19. It is well-settled that when Parliament used the expression association of persons in Section 21AA of the Wealth Tax Act, it must be presumed to know that this expression had been the subject matter of comment in a cognate allied legislation, namely, the Income Tax Act, as referring to persons banding together...
1
10,371
4,501
### 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: beneficiaries thereof would be a fluctuating body of persons, the beneficiaries must be said to be indetermi...
Pooja Ravinder Devidasani Vs. State Of Maharashtra
to be a Director as per the Annual Report which is not disputed by the Respondent No. 2. A perusal of the Complaint shows that Respondent No. 2 has made the newly appointed Directors-Operations Parag Tejani and Hitesh Haria also as accused stating that all the accused approached him with a request for trade finance fac...
1[ds]25. A bare reading of the averment of Respondent No. 2 before the High Court, suggests that his case appears to be that the appellant has not proved her resignation in unequivocal terms and it is a disputed question of fact. It is noteworthy that the respondent No. 2 except making a bald statement and throwing the...
1
5,806
767
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to be a Director as per the Annual Report which is not disputed by the Respondent No. 2. A perusal of the C...
THE COMMISSIONER Vs. MAHINDRA AND MAHINDRA LTD. THROUGH M.D
taxable as a perquisite under Section 28 (iv) of the IT Act or taxable as a remission of liability under Section 41 (1) of the IT Act. 12. The first issue is the applicability of Section 28 (iv) of the IT Act in the present case. Before moving further, we deem it apposite to reproduce the relevant provision herein belo...
0[ds]10. The term loan generally refers to borrowing something, especially a sum of cash that is to be paid back along with the interest decided mutually by the parties. In other terms, the debtor is under a liability to pay back the principal amount along with the agreed rate of interest within a stipulated time.11. I...
0
2,634
987
### 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: taxable as a perquisite under Section 28 (iv) of the IT Act or taxable as a remission of liability under Section 41 (1) o...
Praful Sudhakar Parab Vs. State of Maharashtra
conduct of the accused which has come before the Court by evidence, recovery of clothes which was worn by him at the time of occurrence and recovery of keys which were with the deceased when he left the house completes the chain of events and unerringly points out that it was the accused who committed the crime. 16. On...
0[ds]The present is not a case of solitary evidence of last seen together but sufficient evidence was led to complete the chain of events and link the accused to the crime. The High Court after elaborately considering all the evidence on record has rightly dismissed the appeal filed by the accused.
0
5,321
57
### 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: conduct of the accused which has come before the Court by evidence, recovery of clothes which was worn by him at the time o...
Union Of India Vs. M/S Rajasthan Spinning & Weaving Mills
the court framed the issues before it, in paragraph 2 of the decision, as follows: "2. A Division Bench of this Court has referred the controversy involved in these appeals to a larger Bench doubting the correctness of the view expressed in Dilip N. Shroff vs. Joint Commissioner of Income Tax, Mumbai & Anr. [2007 (8) S...
1[ds]17. The main body of1 lays down the conditions and circumstances that would attract penalty and the various provisos enumerate the conditions, subject to which and the extent to which the penalty may be reduced.18. One can not fail to notice that both the proviso to sub section 1 of section 11A and section 11AC us...
1
6,689
679
### 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 court framed the issues before it, in paragraph 2 of the decision, as follows: "2. A Division Bench of ...
Yashpal Sahni Vs. Rekha Hajarnavis, Assistant Commissioner of Income-Tax & Others
under section 205 of the Act comes into operation and it is immaterial as to whether the tax deducted at source has been paid to the Central Government or not, because elaborate provisions are made under the Act for recovery of tax deducted at source from the person who has deducted such tax.21. In the present case, th...
1[ds]21. In the present case, the petitionerassessee has furnished monthly pay slips and bank statements to show that from his salary tax was deducted at source by the employerrespondent No.6. Authenticity of the said pay slips and bank statements have not been disputed by the revenue. Thus, it is clear that the tax ha...
1
3,095
457
### 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: under section 205 of the Act comes into operation and it is immaterial as to whether the tax deducted at sou...
Dadu Dayalu Mahasabha, Jaipur (Trust) Vs. Mahant Ram Niwas
same thing as if the matter had been actually controverted and decided. It is true that where a matter has been constructively in issue it cannot be said to have been actually heard and decided. It could only be deemed to have been heard and decided. The first reason, therefore, has absolutely no force." It was further...
0[ds]19. The judgment of a court, it is trite, should not be interpreted as a statute. The meaning of the words used in a judgment must be found out on the backdrop of the fact of each case. The Court while passing a judgment cannot take away the right of the successful party indirectly which it cannot do directly. An ...
0
5,961
414
### 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: same thing as if the matter had been actually controverted and decided. It is true that where a matter has b...
Mohd. Raza & Anr Vs. Geeta @ Geeta Devi
Rule 6 of CPC. 7. We have heard the learned counsel appearing on behalf of the respective parties at length. 8. At the outset, it is required to be noted that as such respondent herein plaintiff filed the suit for possession, mandatory injunction, permanent injunction and mesne profit with respect to the property beari...
0[ds]8. At the outset, it is required to be noted that as such respondent herein plaintiff filed the suit for possession, mandatory injunction, permanent injunction and mesne profit with respect to the property bearing No.246/4, Ground Floor, East School Block, Mandawali, Delhi against the defendants – appellants herei...
0
2,400
679
### 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: Rule 6 of CPC. 7. We have heard the learned counsel appearing on behalf of the respective parties at length. 8. At the out...
Subhas Chandra Das Mushib Vs. Ganga Prosad Das Mushib And Ors
or their proceds. The son alleged in the plaint that at the time of the occurrence the mother was suffering from dementia and was not in a fit state of mind to execute contracts or to manage her affairs and was until July 1893 (she having died in the year1900) residing with the daughter and was completely under her dom...
1[ds]16. At the trial several witnesses were examined by the plaintiff for the purpose of showing that Prasanna was a person of unsound mind at the time when he executed the deed of gift. We have been taken through the evidence on this point and we fully agree with the judgment of the learned Subordinate Judge who was ...
1
4,870
2,229
### 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: or their proceds. The son alleged in the plaint that at the time of the occurrence the mother was suffering from ...
Municipal Board Maunath Bhanjan Vs. Swadeshi Cotton Mills Co. Ltd. & Ors
of the tax had been reduced from R s.1/8/- to Re. 1/- per maund, and the necessary amendment had been made in the rate chart. An objection was also received from the Shoe Makers Association, and the Commissioner directed that if the Board wanted to make any modification, it may again publish the modified proposals. Thi...
1[ds]It will be re called that the High Court has found that the Company had not challenged the imposition of octroi on the ground that there was non-compliance with the provisions of sections 131 to 133. It cannot therefore be disputed that the draft rules were published as required by sub-section(3) of section 131. M...
1
2,391
1,225
### 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: of the tax had been reduced from R s.1/8/- to Re. 1/- per maund, and the necessary amendment had been made in the rate cha...
General Manager, Bhilai Steelproject, Bhilai Vs. Steelworkers' Union, Bhopal And 0 Rs
Government was not given to the application of this Act, the Madhya Pradesh Act XIX of 1959, to Bhilai. At the same time, it is not open to dispute before us that the Steel Industry at Bhilai was an industrial establishment under the control of the Central Government. There was a faint attempt on the part of the learne...
1[ds]10. We are of opinion that S. 25 of the Madhya Pradesh General Clauses Act could not save the notification in question after the 1947 Act was repealed. That sectionany enactment is repealed and re-enacted by a Madhya Pradesh Act with or without modification, then, unless it is otherwise expressly provided, any app...
1
2,086
294
### 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: Government was not given to the application of this Act, the Madhya Pradesh Act XIX of 1959, to Bhilai....
Commissioner of Income-Tax & Excess Profits Tax, Madras Vs. R.S.A. Sankara Ayyar
One of the outstanding was a debt due from the firm of Kadir Pillai Harakayar on a mortgage. A final decree was obtained against the said firm in the year 1940. In execution of that decree, certain lands of the debtor were sold.On 11-9-1942, a sum of Rs. 16,395-14-10 was due under the decree when the two partners decid...
1[ds]5. The High Court on examining the accounts of the partnership as well as of the respondent reached the followingthe present case, the debt had ripened into a decree in favour of both the partners, and we fail to see what novation there could be after decree. There is no authority to support the contention on beha...
1
1,224
452
### 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: One of the outstanding was a debt due from the firm of Kadir Pillai Harakayar on a mortgage. A final decree w...
North East Finance Corporation Ltd. and Another Vs. U.O.I. and Others
SLP(C) No. 14808/99 This Court on 9th January, 2001 passed the following Order:"........learned counsel for the petitioner states, which is also incorporated in I.A. No.10, he wants to be discharged as in spite of letters written by him to the petitioner, he is not responding learned counsel for the parties states that...
0[ds]As learned counsel for the petitioner Mr.Parijat Sinha was not getting response we ordered the Registry to sent notices to the petitioner. As per office report dated 12th March, 2001, the unserved registered covers containing notices from both the petitioners have been received back with the postal remarks `no suc...
0
326
137
### 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: SLP(C) No. 14808/99 This Court on 9th January, 2001 passed the following Order:"........learned counsel for the pe...
Bangaru Narasingha Rao Naidu and Others Vs. Revenue Divisional Officer, Vizianagaram
uprooted from where they were previously living as a result of the extension of the K.G. Hospital in Visakhapatnam. The Land Acquisition Officer first separately calculated the average price of land under deeds of sale of land in the neighbourhood in each of the three years 1950, 1951 and 1952 thereafter took the avera...
1[ds]5. We may also mention here that the High Court stated repeatedly that no objection was taken by the claimants to Exs.4 andbefore the Land Acquisition Officer. We are unable to understand what the High Court precisely meant by this statement. If the High Court meant that the claimant should have opposed the consid...
1
1,159
237
### 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: uprooted from where they were previously living as a result of the extension of the K.G. Hospital in ...
Rattan Singh Etc. Etc Vs. State Of Punjab & Ors. Etc. Etc
CHANDRACHUD, C.J.1. By this petition under Article 32 of the Constitution the petitioner challenges the validity of an order dated March 27, 1981 passed by respondent 1, the State of Punjab, under section 3(1) of the Conservation of Foreign enchange and Prevention of Smuggling Activities Act, 1974.2. On April 19, 1981,...
1[ds]There is no difficulty in so far as the representation to the Government of Punjab is concerned. But the unfortunate lapse on the part of the authorities is that they overlooked totally the representation made by the detenu to the Central Government. The representations to the State Government and the Central Gove...
1
1,055
690
### 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: CHANDRACHUD, C.J.1. By this petition under Article 32 of the Constitution the petitioner challenges the...
Kali Ram Dokania & Others Vs. S.K. Ulfat Hossain
1937-38 and 1938-39 and found that the estate was not in arrear at the end of December 1938 and that the Subordinate Judges calculation was based on a "complete misunderstanding" of the extracts from the Tauzi ledgers. "The whole confusion," they observed."has arisen by the two dates of the kistbandi not having been ke...
0[ds]12. In that case their Lordships of the Judicial Committee set aside a revenue sale as it was held without reference to the date fixed for payment of the revenue in a kabuliyat executed by the proprietors to the revenue authorities.Nor does the definition of "demand" in the Tauzi Manual carry the matter any furthe...
0
2,788
406
### 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: 1937-38 and 1938-39 and found that the estate was not in arrear at the end of December 1938 and that the Subordinate Judge...
Sk. Jainal Vs. District Magistrate, West Dinajpur & Others
Untwalia, J.1. In this petition under Article 32 of the Constitution of India the petitioner has prayed for a writ of habeas corpus for directing his release from the allegedly unlawful custody in jail. The facts of this case are identical to those of Writ Petition No. 332 of 1974, the judgment of which has been delive...
0[ds]In the said paragraph it was pointed out in answer to a similar point as to the absence of the name of the detenu from the first information report that this ground was not taken by the petitioner in the petition with the result that the respondent had no opportunity or occasion to deal with it. Counsel submitted ...
0
658
380
### 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: Untwalia, J.1. In this petition under Article 32 of the Constitution of India the petitioner has prayed for a writ of habe...
M/S. Popcorn Entertainment Vs. City Indl. Dev. Corpn.
special leave petition and its accompaniments and list of dates which are inconsistent with and contrary to what is stated hereinabove and as if the same has been expressly traversed and denied. He would, therefore, submit that the appeal is devoid of merits and hence deserves to be dismissed at the threshold in the in...
1[ds]In our opinion, the High Court has committed a grave mistake by relegating the appellant to the alternative remedy when clearly in terms of the law laid down by this Court, this was a fit case in which the High Court should have exercised its jurisdiction in order to consider and grant relief to the respective par...
1
7,124
905
### 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: special leave petition and its accompaniments and list of dates which are inconsistent with and contrary to what is stated h...