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S. M. Nandy & Ors Vs. State Of West Bengal & Ors
The notification dated May 11, 1948, to which reference has been made above reads as follows :"No. 3775 L.A.(P.W.) May 11, 1948. In exercise of the powers conferred by sub-section (1) of Section 3 of the West Bengal Land (*Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948), the Governor is pleased here...
0[ds]In 1954 it was provided that it shall remain in force up to March 31, 1957. We are unable to appreciate how the word "generally" has any reference to the duration of the time during which an act has to operate. We agree with the High Court that the word "generally" refers to the territory of West BengalWe agree wi...
0
2,330
610
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: The notification dated May 11, 1948, to which reference has been made above reads as follows :"No...
B. Premanand Vs. Mohan Koikal
and another vs. Hansoli Devi and others 2002 (7) SCC (vide para 9), this Court observed : It is a cardinal principle of construction of a statute that when the language of the statute is plain and unambiguous, then the court must give effect to the words used in the statute and it would not be open to the courts to ado...
1[ds]The Full Bench and Single Judge have relied on equity, justice and good conscience, rather than law. We are of the opinion that this approach is incorrect. When there is a conflict between law and equity, it is the law which is to prevail. Equity can only supplement the law when there is a gap in it, but it cannot...
1
3,505
550
### 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: and another vs. Hansoli Devi and others 2002 (7) SCC (vide para 9), this Court observed : It is a cardinal princip...
Commr. Of S.T., M.P Vs. Madhya Bharat Papers Ltd
No. A-3-41-81-(31)-ST-V dated 29.6.82 in respect of Inter State sale of goods manufactured by him by virtue of his holding an eligibility certificate in fulfilment of one of the conditions laid down in the said notification for eligibility, although he was not holding a Registration Certificate under sub-section (1) of...
0[ds]A bare perusal of the above quoted provision goes to show that every dealer liable to pay tax under the Central Sales Tax Act shall secure a registration under sub-section (1) of Section 7. Such dealers as have a place of business in a State and are not liable to pay tax under the Central Act may still have themse...
0
1,838
418
### 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: No. A-3-41-81-(31)-ST-V dated 29.6.82 in respect of Inter State sale of goods manufactured by him by virtue of his holding...
Shantabai Vs. State of Bombay & Others
difference between a tree and timber. It is to be noted that the exclusion is only of "standing timber" and not of "timber trees". 30. Timber is well enough known to be - "wood suitable for building houses, bridges, ships etc., whether on the tree or cut and seasoned". (Websters Collegiate Dictionary). Therefore, "stan...
1[ds]I do not think it does. It is clumsily worded but I think that the real meaning is this. The petitioner is the proprietors wife and it seems that she was accustomed to do certain acts of management in his absence. The purpose of cl. (7) is to ensure that when she acts in that capacity she is not to have the right ...
1
4,906
1,220
### 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: difference between a tree and timber. It is to be noted that the exclusion is only of "standing timber" and not of...
Metal Box Company of India Ltd Vs. Their Workmen
and the deduction allowed under Section 101 (1) of the Income Tax Act. Similarly, where an assessee is a religious or charitable institution and its income either wholly or partially, as the case may be, is exempt under the Income Tax Act, such an employer to whom Section 32 of the Act does not apply is treated as a co...
0[ds]In our view, an estimated liability under gratuity schemes such as the ones before us, even if it amounts to a contingent liability and is not a debt under the Wealth Tax Act, if properly ascertainable and its present value is fairly discounted is deductible from the gross receipts while preparing the P. and L. ac...
0
12,825
395
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: and the deduction allowed under Section 101 (1) of the Income Tax Act. Similarly, where an assess...
MINISTRY OF AYUSH Vs. DR. VANITHA R & ANR
have to be read together and harmoniously interpreted. It was not a case of regular vacancy but a casual vacancy that has arisen during the term of previous President. Thus, in our considered opinion, the period for which respondent No.1 was elected in March 2017 was confined for remainder of the term i.e. up to 4.7.20...
1[ds]9. A bare reading of the provisions contained in Section 7 makes it clear that person has to be first elected as Member of the CCIM for being elected as President or Vice President. By virtue of his holding the office as a Member, he holds the office of President or that of a Vice President. Once he ceases to be a...
1
3,156
1,026
### 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: have to be read together and harmoniously interpreted. It was not a case of regular vacancy but a casual vacancy that has ...
Kartar Singh & Others Vs. The State Of Punjab
the State authorities is that they misconceived their remedy. However provocative and indecent or unbefitting a responsible citizen of the State the conduct of the appellants was,the charge which was levelled against the appellants was one under section 9 of the Act and before the prosecution could succeed they had not...
0[ds]6. On the evidence on record, there is no doubt that the appellants were members of the procession and did utter those slogans against the Transport Minister and the Chief Minister of the Punjab Government.It cannot be denied that the appellants by words spoken published statements in relation to the Transport Min...
0
2,243
544
### 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 State authorities is that they misconceived their remedy. However provocative and indecent or unbefitting a r...
Raghu Seeds & Farms and others Vs. Union of India and others
Yogeshwar Dayal, J. By Transferred Case Nos. 4, 5 and 48 of 1986 and Writ Petition (Civil) Nos. 15337-15338 of 1984 the petitioners herein have challenged the constitutional validity of the Seeds (Control) Order, 1983 purported to have been issued in exercise of the powers conferred by Section 3 of the Essential Commod...
0[ds]4. After issuing the said notified order declaring inter alia the seeds ofs and seeds of fruits and vegetables as essential commodities the Central Government issued the impugned Seeds (Control) Order, 1983 purported to be in exercise of the powers conferred by Section 3 of the Act. It inter alia contemplates that...
0
1,095
126
### 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: Yogeshwar Dayal, J. By Transferred Case Nos. 4, 5 and 48 of 1986 and Writ Petition (Civil) Nos. 15337-15338 of 1984 the p...
MD.ABRAR Vs. MEGHALAYA BOARD OF WAKF
grants. In the case of documents relating to private property, the words have now become words of limitation and as such they indicate absolute estate and in the case of absolute estate agnate heirs being residuaries exclude cognates under the Mahomedan law. But where these words occur in documents laying down the line...
1[ds]Asraful Alam Shani (supra) was a case similar to the present case wherein two persons were appointed as joint mutawallis, and after the death of one, the surviving mutawalli claimed to be the sole mutawalli. The High Court upon consideration of the terms of the waqf deed in Asraful Alam Shani found that the intent...
1
4,925
1,417
### 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: grants. In the case of documents relating to private property, the words have now become words of limitation...
Commissioner of Income Tax-6 Vs. Bharat Bijlee Limited
parties were agreed that the assessee was to transfer the undertaking and take bonds/preference shares as consideration. Thus, it was a case of exchange and not a sale. Therefore, the Tribunal held that Section 2(42C) of the Act was inapplicable. If that was not applicable and was not attracted, then, Section 50B was a...
0[ds]10. At the outset, the counsel agreed that the question posed at paragraph 4(i), namely, the deduction claimed by the assessee on account of the provisions for warranty is concerned, that is fully covered in favour of the assessee and against the revenue by the judgment of the Honble Supreme Court in the case of R...
0
4,326
1,554
### 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: parties were agreed that the assessee was to transfer the undertaking and take bonds/preference shares as consideration. T...
Kirshna Texport & Capital Markets Ltd Vs. ILA A Agrawal & Others
speaks for itself. Courts are not concerned with the policy involved or that the results are injurious or otherwise, which may follow from giving effect to the language used. If the words used are capable of one construction only then it would not be open to the courts to adopt any other hypothetical construction on th...
1[ds]10. Since the High Court has read into Section 138 of the Act the requirement that separate notices ought to be given to the directors, without which they cannot be made vicariously liable, the principles concerning interpretative function of the Court may be advertedproviso inter alia obliges the payee to make a ...
1
4,420
421
### 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: speaks for itself. Courts are not concerned with the policy involved or that the results are injurious or otherwise, whic...
HARNEK SINGH & ORS Vs. GURMIT SINGH & ORS
as is apparent from the following points: - (a) There was a large bowel perforation after the laparoscopic operation. This complication which though not known in the normal course of time, had occurred in this particular case. This complication could have been prevented if care had been exercised during the procedure b...
1[ds]The SCDRC in its detailed decision considered the oral and documentary evidence including medical journals and concluded that Respondents 1 and 2 acted negligently in performing the operation. SCDRC also held that there is no evidence of negligence in so far as Respondents 3 and 4 are concerned.28. What we have no...
1
5,053
764
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: as is apparent from the following points: - (a) There was a large bowel perforation after the laparoscopic o...
Allahabad Bank Vs. Canara Bank & Another
the Company Court, if he loses part of his security towards workmens dues, he gets reimbursed to that extent as a secured creditor, with an overriding priority under Section 529-A(1)(b). He gets priority over all other creditors before the Tribunal, to be compensated for this loss out of the monies that may have been r...
1[ds]20. It is clear from Section 17 of the Act that the Tribunal is to decide the applications of the Banks and Financial Institutionsfor recovery ofdebts due to them. We have already referred to the definition of `debt in Section 2(g) as amended by Ordinance 12000. It includes "claims" by Banks and financial institut...
1
15,111
3,654
### 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 Company Court, if he loses part of his security towards workmens dues, he gets reimbursed to that extent as a secured...
Rajah Velugoti Kumara Krishna Yachendra Varu & Others Vs. Rajah Velugoti Sarvagna Kumara Krishna Yachendra Varu & Others
and were satisfied that the Estates included in the schedule to Act 2 of 1904 were impartible and the inclusion of the Estates therein is a legislative determination that they were impartible. In Pushavathi Vijayaram Gajapathi Raj v. Pushavathi Visweswar Gajapathi Raj, (1964) 2 SCR 403 = (AIR 1964 SC 118 ), this Court ...
1[ds]8. In our opinion the contention of the plaintiffs that Venkatagiri Estate was not impartible by custom is untenable9. The document of 1889 also negatives the case of the plaintiffs that the Estate was made impartible for the first time by that document. The language of the document clearly shows that it only reco...
1
5,799
1,636
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: and were satisfied that the Estates included in the schedule to Act 2 of 1904 were impartible and the inclusi...
V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC Vs. STATE OF KERALA & ORS. ETC
no analogy drawn between the facts of Chintpurni case (Supra) and the present case. The Sukh Sagar Case (Supra) actually expanded the circumstances in which the State Government may withdraw the EC. The dictum of Sukh Sagar (Supra) actually supports the case of respondents. 23. The law thus stand settled that the State...
1[ds]13. In the case of Medical Council of India (Supra), it has been held that the Court has repeatedly observed that the decision taken by the Union of India on the basis of the recommendation of the expert body, cannot be interfered with lightly and interference is permissible only when the college demonstrates juri...
1
9,062
2,416
### 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: no analogy drawn between the facts of Chintpurni case (Supra) and the present case. The Sukh Sagar Case (Supra) actually exp...
MAHARASHTRA SEAMLESS LIMITED Vs. PADMANABHAN VENKATESH
resolution applicant shall obtain the approval of the Competition Commission of India under that Act prior to the approval of such resolution plan by the committee of creditors. 24. On behalf of the Indian Bank and the said promoter of the corporate debtor, reliance was placed on Clause 35 of The Insolvency and Bankrup...
1[ds]16. It is admitted position that approximately Rs.472 crores have been remitted to the financial creditors which was received from Mr. Sibals clients. The D.B. International Asia Limited, having 73.40% voting shares in the CoC has also assailed the impugned order on grounds similar to that taken by the MSLBefore w...
1
9,123
920
### 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: resolution applicant shall obtain the approval of the Competition Commission of India under that Act pr...
Delhi Administration & Another Vs. Kidarnath Mohindernath & Another
correct. If the entire land is needed for a public purpose, it is not necessary for the Government (or here the Ld. Governor) to say in the Section 6 declaration that each piece of land is required for the public purpose. The Division Bench then mixed up this question with individual objections in each writ petition. O...
1[ds]11. After hearing learned counsel for the parties, we are of the considered opinion that notification issued under Section 4 of the Act was with respect to the large chunk of area, comprised in several villages, approximately 50,000 bighas was proposed to be acquired. Though, it is true that notification issued un...
1
3,169
711
### 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: correct. If the entire land is needed for a public purpose, it is not necessary for the Government (or here ...
Raja Bahadur Dhanraj Girji Vs. Raja P. Parthasarathy Rayanimvaru And Others
the question as to whether liability under such a surety bond is discharged by reason of the fact that a compromise decree had been passed in the judicial proceedings in which the surety bond came to be executed, it will always be necessary to examine the terms of the bond itself. Did the surety contemplate when he exe...
0[ds]There can thus be no doubt that a contract of suretyship to which s. 135 applies would be unenforceable if the debt in question is compromised between the debtor and the creditor without the assent of the surety. But this provision in terms cannot apply to a surety who has executed a bond in favour of the court, b...
0
2,221
1,515
### 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 question as to whether liability under such a surety bond is discharged by reason of the fact that a com...
Lakhanlal Etc Vs. State of Orissa and Ors. (with connected appeals)
held that as sections 2 to 5 of the Amending Act of 1970 were not made retrospective in operation, the effect of section 6 amounted to a direction by the Legislature to the State to disregard the decision in Ajodhya Prasads case that the amount realised by auction was illegal and that section 6 was therefore ultra vire...
1[ds]We do not think that what the High Court held to be an "acceptance of the bid" at the "auction", even after the announcement of an express condition attached to it that the knocking down of the bid would not really be an acceptance of it by the Government, could be an acceptance of the bid at all. In the peculiar ...
1
7,056
831
### 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: held that as sections 2 to 5 of the Amending Act of 1970 were not made retrospective in operation, the effect of section ...
SUNIL KUMAR BISWAS Vs. ORDINANCE FACTORY BOARD
Abhay Manohar Sapre, J 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 16.07.2015 passed by the High Court at Calcutta in WPCT No.82 of 2015 whereby the High Court dismissed the writ petition filed by the appellant and respondent Nos.4 -6 herein. 3. A few facts need mention herei...
0[ds]8. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal9. In our opinion, the High Court was right in observing that the remedy of the appellant and respondent Nos.4 -6 herein (writ petitioners) lies in applying to the Central Government to make...
0
646
315
### 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: Abhay Manohar Sapre, J 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 16...
UNION OF INDIA Vs. LT. COL OM DUTT SHARMA (RETD)DEAD THR. LRS
application and is not applicable to the other civil pensioners of the Union. Admittedly, none of the respondents are in receipt of the pension from Defence but were granted pension by the Department of Posts. 21. We do not find merit in the argument that the benefit of OROP is not extended to certain category of pensi...
1[ds]The JCOs of Armed Forces and Warrant Officers who have passed IPO/IRM examination of Posts & Telegraph Department are eligible for the grant of Commission for a period of one year and for such period, their service may be required. The Commission under such instructions was meant for Junior Commissioned Officers a...
1
5,633
1,668
### 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: application and is not applicable to the other civil pensioners of the Union. Admittedly, none of the resp...
V.V.R.N.M. Subbayya Chettiar Vs. Commissioner Of Income-Tax, Madras
is wherefrom the person or group of persons controls or directs the business. (2) Mere activity by the company in a place does not create residence, with the result that a company may be "residing" in one place and doing a great deal of business in another. (3) The central management and control of a company may be div...
0[ds]9. It appears to us that these principles have to be kept in view in properly construing S. 4A (b) of the Act. The words used in this provision clearly show firstly, that, normally, a Hindu undivided family will be taken to be resident in the taxable territories, but such a presumption will not apply if the case c...
0
2,304
753
### 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: is wherefrom the person or group of persons controls or directs the business. (2) Mere activity by the compan...
Swedish Match Ab Vs. Securities & Exchange Board,India
Act having set up a trap for them, the logical consequences would ensue. 102. In the Seksaria Cotton Mills Ltd. (supra) the Court was dealing with the activities of a welfare agent vis-a-vis the meaning of possession in the relevant Act. The Court found: The facts are truly and accurately given according to the popular...
1[ds]45. Establishment of independent regulatory agencies and need for expert regulation were long felt primarily as a response to the growing complexity in human affairs and trade and business in particular. It was felt that a regulator who was aware of the realities of that field should be ready to regulate that fiel...
1
12,284
1,829
### 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: Act having set up a trap for them, the logical consequences would ensue. 102. In the Seksaria Cotton Mills L...
United Bank of India Vs. Official Liquidator
with the option of renewal for a further 99 years for the migrant of Rs 1200 per annum can be said to be land burdened with onerous covenants. We do not think that the High Court was justified in debating and holding in proceedings under Section 535 that the lease of the said land had been validly terminated so that th...
0[ds]the aforesaid direction will dispose of the appeal, we would like to say, having heard counsel on the merits of the appeal, that we are not satisfied that the Division Bench appreciated the purpose of the provisions of Section 535 of the Companies Act. Thereunder the High Court may give leave to the Official Liqui...
0
4,445
1,360
### 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: with the option of renewal for a further 99 years for the migrant of Rs 1200 per annum can be said to be land burdened wit...
Sergi Transformer Explosion Prevention Technologies Pvt. Ltd. & Another Vs. CTR Manufacturing Industries Ltd. & Another
the drawings on 24.12.2010 was an inadvertent mistake arising from the failure to communicate order dated 09.12.2010 "down the line" to the operational personnel. What is important is that in Paragraph 12 of the response filed on behalf of the appellants, the appellants have tendered an unconditional and sincere apolog...
1[ds]9. The High Court while considering the matter has in our opinion, failed to appreciate the defence that had been set up by the appellants. The explanation offered by the appellants was a plausible one which ought to have been kept in mind by the High Court while examining whether the present was a fit case for pr...
1
2,191
409
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the drawings on 24.12.2010 was an inadvertent mistake arising from the failure to communicate order dated 09.12.2010 "down ...
State Of Uttaranchal Vs. Alok Sharma
the said rules. A fortiori if the recruitment rules could not be amended even by issuing a notification under Article 162 of the Constitution of India the same cannot be done by way of a circular letter." 18. Keeping in view the principles laid down by the Constitution Bench of this Court in Umadevi (supra), there cann...
1[ds]18. Keeping in view the principles laid down by the Constitution Bench of this Court in Umadevi (supra), there cannot be any doubt whatsoever that any condition laid down in any rules which is in derogation of the recruitment rules framed by the State, should receive strict construction.19. The learned Single Judg...
1
4,738
451
### 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 said rules. A fortiori if the recruitment rules could not be amended even by issuing a notification...
Shree Shyamji Transport Company Vs. F.C.I.
Conditions ……… (III) Tenderer whose Earnest Money Deposit and/or Security Deposit has been forfeited by Food Corporation of India or any Department of Central or State Government or any other Public Sector/Undertaking, during the last five years, will be ineligible. ?Clause 5. Details of Sister Concerns. …….. (i) The b...
1[ds]Insofar as RTC Hathin–Rajasthan is concerned, finding of the High Court that there was no intentional lapse on the part of the appellant and that delay in furnishing the security and bank guarantee was on account of failure of banking operation had attained finality. In response to appellants? apprehension of deba...
1
2,157
340
### 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: Conditions ……… (III) Tenderer whose Earnest Money Deposit and/or Security Deposit has been forfeited by Food Corporation of ...
STATE OF MADHYA PRADESH & ORS. Vs. AMIT SHRIVAS
that right to equality under Article 14 is not in negative terms (See Indian Council of Agricultural Research & Anr. v. T.K. Suryanarayan & Ors. [(1997) 6 SCC 766] 19. The conclusion to be drawn from the aforesaid is that attaining the status of permanent employee would entitle one only to a minimum of the pay-scale wi...
0[ds]14. It is trite to say that there cannot be any inherent right to compassionate appointment but rather, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made app...
0
3,573
1,668
### 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 right to equality under Article 14 is not in negative terms (See Indian Council of Agricultural Researc...
Chhugamal Rajpal Vs. S. P. Chaliha & Ors
the Income-tax Officer as well as the order of the Commissioner:"Report in connection with the starting of proceeding under Sec. 147 of the Income-tax Act, 1961.Name of DistrictWard of Circle .....A Ward. MuzaffarpurC. I. R. No .....303-C1. Name and address of the assesseeM/s. Chugamal Rajpal, Muzaffarpur2. StatusR. F3...
1[ds]8. In his report the Income-tax Officer does not set out any reason for coming to the conclusion that this is a fit case to issue notice under Section 148. The material that he had before him for issuing notice under Section 148 is not mentioned in the report. In his report he vaguely refers to certain communicati...
1
2,075
761
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the Income-tax Officer as well as the order of the Commissioner:"Report in connection with the st...
Ram Awadesh Singh Vs. Sumitra Devi & Ors
observed that the word defect in Section 36(4) included an omission to satisfy the details prescribed in the nomination. It further observed that the distinction laid down in English cases between "omission" and "inaccurate description" depended on the specific provisions of the English statute which did not obtain und...
1[ds]As mentioned earlier, theappellant was fully qualified to be nominated for the election. The only thing said against his nomination is that his nomination paper was not properly filled in.We have earlier seen that a duty is imposed on the Returning Officer by sub-section (4) of Section 33 to look into the nominati...
1
4,812
1,528
### 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: observed that the word defect in Section 36(4) included an omission to satisfy the details prescribed in the nomin...
Allahabad Bank & Ors Vs. Krishan Pal Singh
R.SUBHASH REDDY,J. 1. Leave granted. 2. This appeal is preferred by the appellant – Bank, aggrieved by the Order dated 25.04.2019 of the High Court of Allahabad, Lucknow Bench, passed in Service Single No. 692 of 1998. By the aforesaid order, the High Court has quashed the award dated 07.10.1997, passed by the Central ...
0[ds]6. Order of dismissal was passed by the Bank, alleging involvement of the respondent in the incident relating to burning of relevant Bank records. One Mr. Balak Ram was prime accused in the aforesaid incident, and the respondent being a friend of said Mr. Balak Ram, was suspected on the ground that one of the witn...
0
886
427
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: R.SUBHASH REDDY,J. 1. Leave granted. 2. This appeal is preferred by the appellant – Bank, aggrieved by the O...
National Building Const. Corpn Vs. S Raghunathan
approach of the High Court was wholly erroneous and the reasoning is equally fallacious.30. As pointed out by this Court in Food Corporation of India v. Kamdhenu Cattlefield (Cattlefeed?) Industries, (1993) 1 SCC 71 , which has already been referred to above, the question whether the expectation and the claim is reason...
1[ds]29. The above extracts indicate the reasoning and the approach of the High Court. They indicate the precise ground on which the claim of the respondents was allowed. We are constrained to observe that the approach of the High Court was wholly erroneous and the reasoning is equally fallacious.30. As pointed out by ...
1
6,303
456
### 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: approach of the High Court was wholly erroneous and the reasoning is equally fallacious.30. As pointed out by this Court i...
K. K. Shrivastava and Others Vs. Bhupendra Kumar Jain and Others
KRISHNA IYER, J.1. These two appeals by special leave relate to the same subject matter, namely the validity of the election to the Bar Council of Madhya Pradesh of twenty returned candidates. We are not going into the grounds of the challenge nor do we propose to express any view thereon since we are disposed to allow...
1[ds]3. It is well settled law that while Article 226 of the Constitution confers a wide power on the High Court there are equally well settled limitations which this Court has repeatedly pointed out on the exercise of such power. One of them which is relevant for the present case is that where there is an appropriate ...
1
898
424
### 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: KRISHNA IYER, J.1. These two appeals by special leave relate to the same subject matter, namely t...
Raj Kumar Prasad Tamarkar Vs. State of Bihar & Another
just possible that even if the revolver had been thrown, the same would have been found immediately. Mr. Banerjee contended that the room was not in the exclusive possession of the respondent. It may be that the room was not in the exclusive possession of the respondent in the sense that he had not been living there pe...
1[ds]It is true that neither any fingerprint expert nor any ballistic expert had been examined. Even the blood found on the revolver had not been sent for chemical examination, but, in our opinion, the same by itself would not negate the circumstances which have proved the guilt of the respondent beyond all reasonableI...
1
4,878
104
### 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: just possible that even if the revolver had been thrown, the same would have been found immediately. Mr. Ba...
VIKAS KISHANRAO GAWALI Vs. STATE OF MAHARASHTRA & ORS
in hand, the special leave petition deserves to be dismissed. 13. That no new additional facts or documents, which are not part of the record are stated or annexed in the counter affidavit. Hence this Counter Affidavit. Drawn by: Rahul Chitnis, Advocate. (Deponent) Sd/- (D.D. Shinde) (emphasis supplied) 22. As matter o...
1[ds]4. We may straight away advert to the decision in K. Krishna Murthy (supra). In paragraph 9 of the decision, this Court formulated two questions for its consideration, the same read thus:9. In light of the submissions that have been paraphrased in the subsequent paragraphs, the contentious issues in this case can ...
1
8,387
5,076
### 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: in hand, the special leave petition deserves to be dismissed. 13. That no new additional facts or doc...
Devanagere Cotton Mills Ltd.Devanagere Vs. The Deputy Commissioner, Chitradurgaand Another
powers under S. 6 of the Act called upon the managing agents of the appellants by letter dated January 13, 1956, to submit in the prescribed from a statement showing the total quantity of cotton consumed or processed in the factory. The appellants declined to carry out the requisition and filed a petition in the High C...
0[ds]3. The area in which the mill of the appellants is situate was originally part of the Indian State of Mysore. The State of Mysore became a Part B State within the Union of India on the promulgation of the Constitution of January 26, 1950. The Act was one of the many enactments of the Indian Legislature applied to ...
0
1,133
833
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: powers under S. 6 of the Act called upon the managing agents of the appellants by letter dated January 13, ...
Kishan Narain Vs. State Of Maharashtra
a mention in the panchnama statement which also clearly says that then they talked something which was not audible to PWs 4 and 5. Then in Raos evidence he says that he told the appel1ant that it would mean lack of trust in him and the appellant told him that he had full trust in him. In the panchnama it is said that R...
0[ds]We are of opinion that the High Court has not been quite fair to Rao. In regard to Shahanis application for reward and his own dealings with the connected file Rao was really on the horns of a dilemma. As pointed out by the Assistant Collector, Beri, in his reply affidavit to the appellants application for the pro...
0
5,331
1,307
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: a mention in the panchnama statement which also clearly says that then they talked something which was ...
M.P.E.B Vs. Jagdishchandra Sharma
to the charge proved. These aspects are well settled. In U.P. State Road Transport Corpn. vs. Subhash Chandra Sharma and others, (2000) 3 SCC 324 , this Court, after referring to the scope of interference with punishment under Section 11A of the Industrial Disputes Act, held that the Labour Court was not justified in i...
1[ds]6. It is clear from the findings recorded and the materials available before us, that the charge against the employee of hitting a superior officer with an implement and causing him injury stood proved, as also his absence from duty without intimation. In fact, the Labour Court has found nothing wrong with the dom...
1
2,804
783
### 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: to the charge proved. These aspects are well settled. In U.P. State Road Transport Corpn. vs. Subhash Chandra Sha...
Oriental Insurance Company, Limited Vs. T. Mohammed Raisuli Hassan
the Munsiff Court seeking a declaration that the termination of his service effected by the appellant was illegal and he was entitled to be reinstated with back wages. That court recorded a finding of fact that the respondents service with the appellant at the time of his termination was on probation inasmuch as his se...
1[ds]4. Admittedly, there was no statutory rule requiring one months notice for termination by the appellant of the service of the respondent. It is only the term of appointment order, which stipulated for one months notice or one months salary in lieu thereof by either said to bring an end to the service of the respon...
1
1,227
580
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: the Munsiff Court seeking a declaration that the termination of his service effected by the appellant was illegal and he w...
Shauqin Singh & Others Vs. Desa Singh & Others
appeal was preferred to the High Court under the Letters Patent.5. To determine whether the extracts from Khasra-Girdwari produced by respondents 1 to 3 with their application before the Land Claims Officer were "fabricated" the High Court called upon the State Government to produce the original Khasra-Girdwari for the...
0[ds]7. The Chief Settlement Commissioner had apparently called for the Jamabandifor the yearbut it was represented that it was missing. He however, relied upon the6 and held that some parts of the land of the village were under cultivation and on that basis he observed that the Enquiry Officer had come to the conclusi...
0
1,549
433
### 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: appeal was preferred to the High Court under the Letters Patent.5. To determine whether the extracts from Khasra-...
State Of U.P Vs. Abdul Karim
following ante-mortem injuries on his person: 1. Lacerated wound 2.5 cm x .5 cm x scalp deep over left side head 9 cm above left ear, placed obliquely.2. Lacerated wound 2 cm x 5 cm. X scalp deep over right side head 7 cm above right ear, placed obliquely.3. Lacerated wound 3 cm x 1 cm. X scalp deep over top of head in...
0[ds]9. As rightly noted by the High Court the fate of the case depends on the acceptability of the evidence of PWs 1, 2 and 3. PW-1 partially resiled from her statement made during investigation. According to her, she saw the assailants from a distance of one mile. Sugarcanes were standing in the field which intervene...
0
2,030
371
### 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: following ante-mortem injuries on his person: 1. Lacerated wound 2.5 cm x .5 cm x scalp deep over...
Manocha Construction Company Vs. State Of M.P.
we were instructed to construct the temporary bunch for stopping the flow of river to enable the department to clear the dam seat of Nalla portion. The work was taken up by us in the month of October 1985 and the same was completed in the month of November 1985. We were paid the rate of Rs. 14/- per Cum (tendered rate)...
0[ds]10. On the basis of the above clause, the Tribunal considered the prevailing market rates, including the cost of material and labour charges and an additional 15% was added to cover the sundry charges to arrive at the rate. The details are given in the award. Learned counsel for the appellant could not point out a...
0
2,256
302
### 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: we were instructed to construct the temporary bunch for stopping the flow of river to enable the department ...
SURESH KUMAR KOHLI Vs. RAKESH JAIN
6 of the Hindu Succession Act at pp. 924-26 as well as Mayne Hindu Law, 12th Edn., pp. 918-19.24. The express words of Section 8 of the Hindu Succession Act, 1956 cannot be ignored and must prevail. The Preamble to the Act reiterates that the Act is, inter alia, to ‘amend’ the law, with that background the express lang...
1[ds]From a perusal of lease deed dated 15.11.1975, we find that the suit premises was let out jointly to late Shri Ishwar Chand Jain and Shri Ramesh Chand Jain, son of late Shri Ishwar Chand Jain. Thus, both of them were joint tenants and upon the death of Shri Ishwar Chand Jain, Respondent No. 1 inherited the tenancy...
1
8,744
530
### 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: 6 of the Hindu Succession Act at pp. 924-26 as well as Mayne Hindu Law, 12th Edn., pp. 918-19.24. The express word...
Commnr., Sales Tax, U.P Vs. S/S. Bharat Bone Mill
of words used in different statutes. It is firmly settled that the interpretation or definition clause occurring in a statute can be used only for the purpose of interpreting words appearing in that statute and not for the purpose of interpreting words appearing in other statutes. To take a word bearing a peculiar mean...
1[ds]is well-known that the question as to whether a commodity would be exigible to sales tax or not must be considered having regard to its identity in common law parlance. If, applying the said test, it is to be borne in mind that if one commodity is not ordinarily known as another commodity; normally, the provisions...
1
1,772
193
### 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 words used in different statutes. It is firmly settled that the interpretation or definition clause occurring in a stat...
Rao Nihalkaran Vs. Ramgopal
of 1950, S. 185 (1) (ii) (b) of the Code will not apply to any class of ryotwari sub-lessees. This is a strong ground in support of the view taken by the High Court that the expression "ryotwari sub-lessee" in S. 185 (1) (ii) (b) of the Code includes persons whose contractual relation has been determined either under t...
0[ds]The definition of the expression "tenant in Section 2 (y) postulates a subsisting tenancy, but that definition may be resorted to for interpreting S. 185 (1) only if the context or the subject-matter of the section does not suggest a different meaning. A tenant is by the definition a person who holds land as an oc...
0
4,323
1,713
### 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 1950, S. 185 (1) (ii) (b) of the Code will not apply to any class of ryotwari sub-lessees. This is a strong gro...
Dr. H.S. Rikhy & Others Vs. New Delhi Municipal Committee
Act. It has not been contended before us that there is anything in the Act which in terms is inconsistent with the provisions of S. 47 of the Municipal Act. But it has been contended that such an inconsistency is implicit in the terms of the Act as they appear from the definitions of landlord, premises and tenant. In o...
0[ds]Though the Act did not prescribe any form of letting the provisions of S. 47 of the Municipal Act applied, and as the provisions of that section are not in direct conflict with any of the provisions of the Act, there was no inconsistency between them. That being so, S. 38 of the Act was out of the way of the Commi...
0
5,776
1,216
### 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: Act. It has not been contended before us that there is anything in the Act which in terms is inconsistent w...
Sohan Singh and Others Vs. General Manager, Ordnance Factory, Khamaria, Jabalpur and Others
UNTWALIA, J.1. This is an appeal by certificate under Article 133(1)(a) of the Constitution as it stood before the Thirtieth Constitution (Amendment) Act from the order of the Madhya Pradesh High Court passed in Miscellaneous Petition No. 280 of 1970 filed by the respondents. The appellants and filed seven applications...
1[ds]We think that the view taken by the High Court on the facts of this case is not correct because the jurisdiction of the Labour Court was not challenged by the respondent in that Court. Issue No. 4 settled for trial by the Labour Court was in the following terms :Whetherthe applicants were transferred to Ordnance F...
1
397
230
### 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: UNTWALIA, J.1. This is an appeal by certificate under Article 133(1)(a) of the Constitution as it stood bef...
Rau Chima Chougule Vs. State of Maharashtra
incident. Even so, there is convincing evidence on the record to show that the appellant was the only person in his one room tenement who had the opportunity to commit the two murders. He has admitted in his statement in the trial Court that while he and his daughter Sunita slept on the left of his one room tenement, h...
0[ds]We have gone through the statements of Dhondiram (PW 9), Sanjivani (PW 2), head constable Ananda Salokhe (PW 21) of Radhanagari police station, the appellants complaint (Ex. 19) dated May 10, 1975 and his statement in the trial Court, and it appears that the finding of the High Court in this respect is quite justi...
0
3,180
1,049
### 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: incident. Even so, there is convincing evidence on the record to show that the appellant was the only person...
APSRTC REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR MUSHIRABAD & ORS Vs. A.U.M.RAO & ORS
the Division Bench in a Writ Appeal. 8. Mr. Gourab Banerji, learned senior counsel appearing on behalf of the appellants submits that there was a manifest error on the part of both the learned Single Judge and the Division Bench. In the present case, a disciplinary enquiry was held against the workman after which an in...
1[ds]In a departmental review, he was granted fresh appointment. Neither the termination nor the order granting him fresh appointment as a contract driver were challenged. As a matter of fact, it has also been submitted that in certain other cases, the workmen had taken recourse to proceedings before the Industrial Cou...
1
1,566
635
### 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 Division Bench in a Writ Appeal. 8. Mr. Gourab Banerji, learned senior counsel appearing on behalf ...
Gaurav Aseem Avtej Vs. U.P. State Sugar Corporation Ltd. and Ors
both ownership as well as possession. And in the context of the definition it is not possible to interpret the term held only in the sense of possession.The word "holds" was again interpreted in Hari Ram v. Babu Gokul Prasad [1991 Supp (2) SCC 608] where it occurs in Section 185(1) of the Madhya Pradesh Land Revenue Co...
0[ds]It is relevant to mention at the outset that the pleadings in this case are not very clear. After a detailed scrutiny of the material on record, we refer to the undisputed facts which are as follows:i. The land in dispute admittedly belongs to the Plaintiffs. They leased out the said land to M/s. Shiv Prasad Banar...
0
3,683
1,036
### 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: both ownership as well as possession. And in the context of the definition it is not possible to interpret the term held onl...
India Financial Assn.,Seventh Day Adven Vs. M.A. Unneerikutty
statute, no court will lend its assistance to give it effect. (See Mellis v. Shirley L.B. ([1885] 16 QBD 446: 55 LJQB 143 : 2 TLR 360). A contract is void if prohibited by a statute, under a penalty, even without express declaration that the contract is void, because such a penalty implies a prohibition. The penalty ma...
0[ds]17. The term public policy has an entirely different and more extensive meaning from the policy of the law. Winfield defined it as a principle of judicial legislation or interpretation founded on the current needs of the community. It does not remain static in any given community and varies from generation to gene...
0
6,245
272
### 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: statute, no court will lend its assistance to give it effect. (See Mellis v. Shirley L.B. ([1885] 16 QBD 446: 55 LJQB 143 ...
Kesharichand Jaisukhal Vs. The Shillong Banking Corporation
when paid into a bank, ceases altogether to be the money of the principal; it is then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with him when he is asked for it. The money paid into the bankers is money known by the principal to be placed there for the purpo...
0[ds]7. A banker entrusted by its customer with the collection of a cheque is bound to act according to the directions given by the customer, and in the absence of such directions, according to the usages prevailing at the place where the banker conducts his business and applicable to the matter in hand. The banker is ...
0
5,198
655
### 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: when paid into a bank, ceases altogether to be the money of the principal; it is then the money of the banker, who is bou...
M/s. Burrakur Coal Co. Ltd Vs. Union of India & Others
taken into account in determining the amount of compensation, the concluding words of Art. 31 (2) preclude the petitioners from challenging the law. Mr. Das pointed out that the only ground on which the Central Government in their affidavit have tried to sustain the validity of the provisions relating to the acquisitio...
0[ds]While holding that it is permissible to look at the preamble for understanding the import of the various clauses contained in the Bill this Court has not said that full effect should not be given to the express provisions of the Bill even though they appear to go beyond the terms of the preamble. It is one of the ...
0
8,607
2,019
### 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: taken into account in determining the amount of compensation, the concluding words of Art. 31 (2) preclude th...
MARUTI SUZUKI INDIA LTD. (EARLIER KNOWN AS MARUTI UDYOG LTD.) Vs. COMMISSIONER OF INCOME TAX DELHI
actually paid during the relevant year previous to the assessment year 1984-85. The Commissioner of Income-tax initiated proceedings under section 263 of the Act on the ground that the Assessing Officer had wrongly allowed the claim for deduction of an amount of Rs.98,25,833/- towards customs and Excise Duty paid durin...
1[ds]11. The untilised MODVAT credit on 31.03.1999 to the credit of the assessee was Rs.69,93,00,428/-. The MODVAT credit was accumulated to the account of the assessee due to payment of Excise Duty on raw materials and inputs which were supplied to it by the suppliers and reflected in the invoices by which raw materia...
1
5,413
1,284
### 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: actually paid during the relevant year previous to the assessment year 1984-85. The Commissioner of Income...
State Of Maharashtra Vs. Ramesh Taurani
K.T. Thomas, J. 1. Leave granted. Heard the learned counsel for the parties.2. On August 12, 1997 at or about 10.15 a.m. Gulshan Kumar, a well-known film producer of Mumbai and Chairman of a company dealing in cassettes, was fatally shot at in the heart of the city. Over his death a case was registered and in connectio...
1[ds]4. It appears from the impugned order that in granting bail to the respondent the High Court was much influenced by the fact that in the remand applications that were presented by the investigating agency in respect of accused persons who had been earlier arrested in connection with the case, the name of the respo...
1
703
411
### 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: K.T. Thomas, J. 1. Leave granted. Heard the learned counsel for the parties.2. On August 12, 1997 at or abou...
Ram Prasad Narayan Sahi And Another Vs. The State Of Bihar And Others
Encumbered Estates Act, though they may be given notice of those proceedings and afforded opportunity to watch those proceedings in order to see that no property is secreted from them and it is preserved for satisfaction of decrees that may eventually be passed in their favour.14. In his judgment Pathak, J. proceeded t...
1[ds]It is no doubt true that costs are not taken into consideration and are treated as extraneous to the subject-matter of a suit, and variation in the matter of costs does not make the decree of the appellate court a decree of variance; but as already stated the appellant did not pray for the certificate on that grou...
1
6,492
1,639
### 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: Encumbered Estates Act, though they may be given notice of those proceedings and afforded opportunity to watch those proceed...
PADMINI SINGHA Vs. THE STATE OF ASSAM
Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the date of the receipt of the information with intimation to the Zilla Parishad and the Anchalik Panchayat and preside over the meeting so convened : Provided that the concerned Deputy Commissioner/Sub-Divisional Officer (C) as th...
1[ds]13. From the foregoing, it is quite vivid that the meeting was held to discuss the Motion of. The respondent no. 6 who was a beneficiary attended the meeting and voting had taken place. It is well settled in law that a mandatory provision of law requires strict compliance but there are situations where even if a p...
1
2,388
274
### 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: Commissioner/Sub-Divisional Officer (C) shall convene the meeting within seven days from the date of the re...
Transmission Corporation of Andhra Pradesh Ltd. & Others Vs. M/s. GMR Vemagiri Power Generation Ltd. & Another
principle on which Miss Rich relies is that formulated by Lord Denning, M.R. in Amalgamated Investment & Property Co. Ltd. v. TexasCommerce International Bank Ltd., [1982] 1 QB at p.121:‘If parties to a contract, by their course of dealing, put a particular interpretation on the terms of it—on the faith of which each o...
1[ds]7. The wordas defined in the agreement, had to be given its natural meaning by confining it toonly as intended by the parties. The definition could not be extended so as to include RLNG, as the parties never intended the same. There is no ambiguity in language warranting any inclusion to the definition either by i...
1
5,786
3,082
### 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: principle on which Miss Rich relies is that formulated by Lord Denning, M.R. in Amalgamated Investment & Pr...
Municipal Board, Manglaur Vs. Sri Mahadeoji Maharaj
space at the sides" (that is of the hard road) is also necessary to afford the benefit of air and sun. If trees and hedges might be brought close up to the part actually used as road it could not be kept sound."These observations indicate that the fact that a part of the highway is used as the actual road does not excl...
0[ds]It is, therefore, reasonable to hold that the entire pathway between the two drains was dedicated to the public. It is a common feature of metalled roads in towns that open spaces are left on either side of them. The fact that the entire pathway is not metalled cannot possibly detract from the totality of the dedi...
0
2,307
1,079
### 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: space at the sides" (that is of the hard road) is also necessary to afford the benefit of air and sun. If tr...
Commissioner of Income Tax Punjab, Haryana, J and K, H.P. and Union Territory Ofcha Vs. Panipat Woollen and General Mills Company Limited Chandigarh
in excess of the reason able return as contemplated under the Act. That, in our opinion, would only amount to apportionment or distribution of the profits after they have been earned. It cannot, therefore, be said that the amount set apart for t he purpose of distribution amongst the consumers is not chargeable to tax ...
1[ds]Analysing the terms of this sub-clause it would appear that the agents have been able to secure most liberal and profitable terms. To begin with they were to get a commission at the rate of one and a quarter per cent on the net proceeds of sales of all goods There can be no objection to this. Secondly, the agents ...
1
7,367
1,252
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: in excess of the reason able return as contemplated under the Act. That, in our opinion, would only amount to apportionme...
J. Fernandes & Co Vs. The Deputy Chief Controller Of Imports & Exports And Ors
regulations for the peace, progress and good Government of the Union Territory. In the present case no Presidential Regulation was relied on by either side.24. Parliament has power under Article 246 (4) to make laws with respect to any Union Territory. The executive power of the Union under Article 73 (1) (a) shall ext...
0[ds]14. The contention of the petitioner that six traders have been granted licences whereas the petitioner was not, and, there was violation under Article 14 is unacceptable. These six licences were issued before liberation between the period 12 February, 1961 and 4 December, 1961. The six licences were issued prior ...
0
4,223
745
### 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: regulations for the peace, progress and good Government of the Union Territory. In the present ca...
Rambaran Prosad Vs. Ram Mohit Hazra & Ors
for possession of a site defined by boundaries, alleging notice to the proprietor requiring that site and that they had taken possession, but been dispossessed. It was held by the Judicial Committee that the suit must fail. The Judicial Committee was of the opinion that the agreement conferred on the society no present...
1[ds]We are unable to accept this submission as correct. It is true that then clause does not expressly state that it is binding upon the assignees or, but , having regard to the context and the circumstances in which the award was made, it is manifest that then clause must be construed as binding upon the assignees or...
1
4,320
1,151
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: for possession of a site defined by boundaries, alleging notice to the proprietor requiring that site and th...
FERRODOUS ESTATES (PVT) LTD Vs. P.GOPIRATHNAM (DEAD) AND ORS
consideration has been paid to the vendor and possession has been delivered in part- performance, where equity shifts in favour of the purchaser. In Nanjappan v. Ramasamy, (2015) 14 SCC 341 , the suit for specific performance was filed many years after the agreement dated 30.09.1987, which agreement was extended by thr...
1[ds]Shri Giri is right in arguing that it is not open to the appellant to go behind the Full Bench judgment as it is inter-parties, as a result of which the law laid down by the Full Bench judgment must apply to the parties, res judicata clearly attaching even to issues of law based on the same cause of action – see M...
1
22,524
9,057
### 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: consideration has been paid to the vendor and possession has been delivered in part- performance, where equity sh...
Bongaigaon Refinery & Petrochemicals Ltd Vs. Samijuddin Ahmad
respondent preferred a writ appeal and therein on 27-7-1993 he sought for withdrawal of the writ petition with the liberty of filing a fresh one on the same subject. This prayer was allowed by the Division Bench. It appears that the respondent thereafter moved the Central Government by raising an industrial dispute and...
1[ds]learly goes to show that the respondent had never entered into the employment of the appellant. He was offered an employment under a special scheme whereunder employment was available only subject to satisfying certain eligibility conditions. The respondent made a material concealment of facts and tried to secure ...
1
1,619
543
### 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: respondent preferred a writ appeal and therein on 27-7-1993 he sought for withdrawal of the writ petition wi...
Commissioner Of Income Tax, Karnataka Vs. M/S Bedi & Company Private Limited
satisfactory, and disbelieving the plea that the amount was advanced as loan, the Income tax Officer treated it as income received from business and accordingly passed the order of assessment, under S.144 of the Income tax Act, bringing to tax the said amount of Rs. 32,58,500/- on December 2, 1970. The respondent - ass...
0[ds]In our view the submission is too broad to merit acceptance. There cannot be any doubt that High Court will not address itself to recording findings of facts unless the subject matter of the question referred to it by the Tribunal, either under sub-s.(1) or sub-s.(2) of S.256 of the Income tax Act, relates to the ...
0
1,429
477
### 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: satisfactory, and disbelieving the plea that the amount was advanced as loan, the Income tax Officer treat...
KAPICO KERALA RESORTS PVT.LTD Vs. STATE OF KERALA
Vembanad lake is included as a CVCA, subject to a process, the Court has to take a view which serves the object of the area being treated as ecologically sensitive and hence a CVCA. It is with particular reference to this finding that this Court held in paragraph 27 of Vaamika Island that the whole of Vembanad lake is ...
0[ds]19. In the light of the rival contentions, it is necessary for us to first deal with the preliminary issue, keeping in mind the fact that the judgment in Vaamika island is not under review before us. The correctness of the view expressed therein, has not been doubted and a reference made to us. Therefore, it canno...
0
7,630
2,472
### 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: Vembanad lake is included as a CVCA, subject to a process, the Court has to take a view which serves the object of the area...
KANWALJIT SINGH Vs. NATIONAL INSURANCE COMPANY LTD
the appellant, along with Rs.5000/- towards harassment and mental agony, plus Rs.2000/- on account of litigation expenses, along with interest @ 9% p.a. 5. Challenging the said order, the appellant herein filed an appeal before the State Consumer Disputes Redressal Commission (for short ?State Commission?), which allow...
1[ds]10. The fact that Mediclaim Policy of Master Jasnoor Singh was continuously taken by the appellant for varying sum insured since 2007-2008 till 2014-2015 is admitted by the insurance company. It is also not disputed that at the time of taking the initial Mediclaim Policy for the year 2007-2008, the said Master Jas...
1
1,659
603
### 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 appellant, along with Rs.5000/- towards harassment and mental agony, plus Rs.2000/- on account of litigation expenses...
Subodh Gopal Bose Vs. Bejoy Kumar Addya & Others
indiscriminately at a time when the distinction between the meaning of the two words was not properly appreciated. That these words were so used in old documents has the support of the decision of the Calcutta High Court in Keshwar Bhagat v. Sheo Prasad (18 Cal LJ 166.).(5) As the property was situate within the Mal as...
0[ds]7. In our view, in order to succeed the plaintiff had to allege and prove that the defendants interest was an encumbrance imposed upon the estate after the time of the permanent settlement and was not within the four corners of the exceptions provided. Section 37 of Act XI of 1859 was substituted by a new section ...
0
2,383
691
### 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: indiscriminately at a time when the distinction between the meaning of the two words was not properly appre...
Jain Jari Stores, Madras Vs. State of Madras
sale did not fall within the proviso. The High Court observed that even though the agent of a non-resident seller who negotiated the sale and delivered the documents of title may be a dealer within the meaning of section 14-A(i) "the representative character of the agent with which he is clothed under section 14-A of t...
1[ds]6. There is no dispute that the goods in respect of which exemption was claimed were imported goods. But to qualify himself for exemption from liability the assessee had to prove that the goods were sold to him in the State of Madras, that they were sold by a dealer who was residing in the State of Madras, and tha...
1
2,386
969
### 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: sale did not fall within the proviso. The High Court observed that even though the agent of a non...
Idol Of Thakurji Shri Govind Deoji Maharaj Vs. Board Of Revenue, Rajasthan, Ajmer & Others
and so, it is plainly impossible to predicate about the Idol which is the grantee in the present case that it has died at a certain time and the claims of a successor fell to be determined. That being so, it seems difficult to hold that any claim for Matmi can be made against the appellant; and that must clearly lead t...
1[ds]7. The learned Advocate-General was unable todispute this position. He however attempted to argue that all grants pertaining to the properties of the appellant were not before the Court, and so, it may not he proper to proceed on the basis that all the properties of the appellant have been granted to the appellant...
1
3,137
1,070
### 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 so, it is plainly impossible to predicate about the Idol which is the grantee in the present case t...
SRI MUNISUVRATA AGRI INTERNATIONAL LTD Vs. SLEEPWELL INDUSTRIES CO. LIMITED
Dead, damaged and Discoloured Grains, the results provided by ISC were well Within the parameters foreseen for the quality under the Contract. 6.11 The Tribunal therefore FINDS THAT the quality of the cargo shipped on the three vessels was within the amended contractual specifications. 6.12. In addition to the above, t...
0[ds]The grounds, at best, could be urged by the petitioner in the appeal to be filed against the foreign award governed by English Laws (UK Arbitration Act, 1996). The petitioner has allowed the said awards to attain finality having failed to file such appeal. Even the argument of fraud on the basis of the allegation ...
0
9,771
1,771
### 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: Dead, damaged and Discoloured Grains, the results provided by ISC were well Within the parameters foreseen ...
State Of Bihar Vs. Steel City Beverages
in respect of sale of goods manufactured by new industrial units and existing industrial units under expansion. The deferment is limited to 90 per cent of the fixed capital investment in fixed capital assets at the time of grant of eligibility in the case of new industrial units and 90 per cent of the additional fixed ...
1[ds]The extent of benefit is partly made dependent upon the Fixed Capital Investment made by the industrial unit and also upon its status viz. whether it is a large scale industrial unit or a small-seals industrial unit, As disclosed by the industrial policy and the Deferment Rules, the State agrees to suffer temporar...
1
2,466
897
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: in respect of sale of goods manufactured by new industrial units and existing industrial units under expansion. The defer...
A. Navinchandra Steels Private Limited Vs. SREI Equipment Finance Limited & Ors
mentioned in paragraph 31 of Action Ispat (supra). 25. It is settled law that a secured creditor stands outside the winding up and can realise its security dehors winding up proceedings. In M.K. Ranganathan v. Govt. of Madras, (1955) 2 SCR 374 , this Court held: The position of a secured creditor in the winding up of a...
0[ds]14. Having heard learned counsel for all the parties, it is important to restate a few fundamentals. Given the object of the IBC as delineated in paragraphs 25 to 28 of Swiss Ribbons (P) Ltd. v. Union of India, (2019) 4 SCC 17 [Swiss Ribbons], it is clear that the IBC is a special statute dealing with revival of c...
0
8,679
4,816
### 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: mentioned in paragraph 31 of Action Ispat (supra). 25. It is settled law that a secured creditor stands outs...
Everest Apartments Co-Operative Housingsociety Ltd Vs. State Of Maharashtra & Ors
denied to them. In dealing with this contention Lord Simonds (later Viscount) observed, at p. 225 of the report, (ITR): (at p. 107 of AIR), as follows:-"The fallacy implicit in this question has been made clear in the discussion of the first two questions. It assumes that S. 33 creates a right in the assessee. In their...
1[ds]5. There is no doubt that S. 154 is potential but not compulsive. Power is reposed in Government to intervene to do justice when occasion demands it and of the occasion for its exercise, Government is made the sole judge. This power can be exercised in all cases except in a case in which a similar power has alread...
1
2,933
762
### 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: denied to them. In dealing with this contention Lord Simonds (later Viscount) observed, at p. 225 of the rep...
N.A. Malbari And Bros Vs. Commissioner Of Income-Tax, Bombay
not been levied on the same facts. It observed that the original assessment was solely on the basis of an estimate and the second assessment was after knowledge of the full facts of the concealed income.8. In this Court Mr. Kolah has urged that the second order for penalty was illegal because there was one concealment ...
0[ds]We do not think that Rajamannar C. J. wished to state this qualification on the power of the Income-tax Officer as a proposition of law. It was not certainly necessary for the purposes of the case before him. We do not wish to be understood as subscribing to it as at present advised.11. But assume that this statem...
0
2,246
352
### 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: not been levied on the same facts. It observed that the original assessment was solely on the basis o...
Anwarkhan Mahboob Co Vs. The State of Bombay and Ors
of the cloth produced from it. But before cotton has become a wearing apparel, it passes, through the hands of different producers, each of whom adds some utility to the commodity received by him. There is first the act of ginning; ginned cotton is spun into yarn by the spinner; the spun yarn is woven into cloth by the...
0[ds]While the entries from 1 to 79 mention specific articles, entry 80 as it stood before its amendment in 1957 was in these"All goods other than those specified from time to timein Schedule A and in the preceding(An amendment by the Bombay71 of 1958added the words "ander the words "ScheduleThe question is whether the...
0
3,168
1,819
### 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 cloth produced from it. But before cotton has become a wearing apparel, it passes, through the hands of di...
Mirza Nausherwan Khan & Anr Vs. The Collector (Land Acquisition), Hyderabad
with his appeal under a certificate which he secured under Art. 133 (1) (a) before the recent amendment. We mention this because we are unable to discern any substantial question of law of general importance in counsels submission or the points outlined in the memorandum of appeal which merits the consideration of this...
0[ds]5. It is thus clear that from the Collector to the Civil Court and on to the High Court, there has been an escalation in the amount of compensation and hopefully, the owner has reached this Court with his appeal under a certificate which he secured under Art. 133 (1) (a) before the recent amendment. We mention thi...
0
1,587
692
### 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: with his appeal under a certificate which he secured under Art. 133 (1) (a) before the recent amendment. We mention this be...
Ram Bilas Ojha and Others Vs. Bishwa Muni and Others
KAILASAM, J.1. The unsuccessful defendants (defendants 2 to 7) in all the courts below in a suit for specific performance are the appellants by special leave before us.2. The first defendant (4th respondent) on receipt of a sum of Rs. 1, 300/- executed a sarllat in favour of the first plaintiff with condition that the ...
0[ds]This registered usufructuray mortgage should have put the appellants in notice of the possession of the respondents. It was sought to be contended by the learned counsel that even if they had notice of the possession, it would only mean that they were in possession in pursuance of a usufructuary mortgage and not i...
0
1,070
158
### 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: KAILASAM, J.1. The unsuccessful defendants (defendants 2 to 7) in all the courts below in a suit for specific perf...
Ganpat Singh Vs. The State Of Madhya Pradesh
based on circumstantial evidence is that the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established; that those circumstances should be of a definite tendency unerringly pointing towards the guilt of the accused; that the circumstances taken cumulatively should form...
1[ds]The ornaments had no special marks of identification. PW5 materially improved upon her version during the course of the examination. On this state of the evidence, the recovery of the silver ornaments (which was an important link in the chain of circumstances relied upon by the Additional Sessions Judge) has been ...
1
2,367
365
### 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: based on circumstantial evidence is that the circumstances from which an inference of guilt is sought t...
Tata Iron And Steel Co. Ltd Vs. S. N. Modak
finally decided, the question about the validity of the order would still have to be tried and if the approval is not accorded by the Tribunal, the employer would be bound to treat the respondent as its employee and pay his full wages for the period even though the appellant may subsequently proceed to terminate the re...
0[ds]13. Now, take the present case and see how the acceptance of the appellants argument would work. As we have already pointed out, in the present case the Tribunal has considered the merits of the appellants prayer that it should accord approval to the proposed dismissal of the respondent and it has come to the conc...
0
4,632
1,291
### 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: finally decided, the question about the validity of the order would still have to be tried and if the approv...
The Management Of U.B. Dutt & Co Vs. Workmen Of U.B. Dutt & Co
it was clearly a colourable exercise of the power under that rule inasmuch as that rule was used to get rid of an employee instead of following the course of holding an inquiry for misconduct, notice for which had been given to the employee and for which a departmental inquiry was intended to be held. The reason given ...
0[ds]3. We are of opinion that this claim of the appellant cannot be accepted, and it is too late in the day for an employer to raise such a claim for it amounts to a claim "to hire and fire" an employee as the employer pleases and thus completely negatives security of service which has been secured to industrial emplo...
0
2,303
860
### 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: it was clearly a colourable exercise of the power under that rule inasmuch as that rule was used to get rid o...
Rukmani & Others Vs. New India Assurance Company & Others
1. Leave granted.2. The Insurance Company has been absolved from liability in respect of the claim for compensation by the High Court on the ground that the driver had no valid licence. The High Court has noted that under Section 96(2)(b)(ii) of the Motor Vehicles Act, 1939, if the Insurance Company contends that the d...
1[ds]on he has said that it is the Inspector of Motor Vehicles who is required to check whether the licence is there but he had not informed the Inspector of Motor Vehicles that the 1st respondent was not having a licence since he thought it was not necessary. In our view, this evidence is not sufficient to discharge t...
1
350
153
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: 1. Leave granted.2. The Insurance Company has been absolved from liability in respect of the claim for compe...
Cantonment Board, Mhow, Saugor and Another Vs. M.P State Road Transport Corpn, Rewa Transport Services, Rewa
India Act. 1935 was under consideration. The Entry in question was to the effect:- "taxes on luxury or entertainment or amusement" It was contended before the Court that the tax in question was really a tax imposed for the privilege of carrying on any trade or calling under Entry 46 and, therefore, the same cannot exce...
1[ds]As has been stated earlier under the Taxation Act, Tax could be imposed on the Motor Vehicles which is used or Kept for use as provided in Section 3(2) of the said Act and there is no provision for imposition of tax on vehicles which is neither used nor kept for use but for mere entry into any municipal limits . W...
1
4,663
1,647
### 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: India Act. 1935 was under consideration. The Entry in question was to the effect:- "taxes on luxury or entertainment or a...
Anil Daggi S/O. Tukaram Mandhare & Others Vs. State of Maharashtra
at about 5.00 PM. The dead body of deceased was found lying by the side of road within no time. It is in such circumstances it was necessary for the appellants to explain whether the deceased left their company and at what point of time. In the present case, the sequence of events happened in quick succession, and ther...
0[ds]We cannot close our eyes to the fact that, after deceased left the house of Chintaman along with appellants, his dead body was found almost immediately and in absence of any explanation from the appellants, in our view, the circumstance of last seen is a decisive circumstance and assumes importance in the presentt...
0
4,119
447
### 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: at about 5.00 PM. The dead body of deceased was found lying by the side of road within no time. It is in such...
Gujarat Urja Vikas Nigam Limited Vs. Tarini Infrastructure Ltd
the power to enhance the rate of dead rent cannot be so exercised as to affect subsisting leases and that unless this construction were placed upon sub-section (1), the power conferred by that sub-section would be bad in law as being an arbitrary power. It was submitted that a mining lease is the result of a contract e...
0[ds]In view ofSection 86(1) (b) the Court must lean in favour of flexibility and not read inviolability in terms of the PPA insofar as the tariff stipulated therein as approved by the Commission is concerned. It would be a sound principle of interpretation to confer such a power if public interest dictated by the surr...
0
7,831
232
### 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 power to enhance the rate of dead rent cannot be so exercised as to affect subsisting leases and that unless t...
Lakshmana Nadar And Others Vs. R. Ramier
should live together amicably as of one family. If the two could not agree and live together amicably, my wife would pay Rs. 4, 000 and separate him and then my wife would enjoy all the remaining properties with absolute rights. If both of them would live together amicably, Muthu Arunachala Chetty himself would enjoy t...
0[ds]At one time it was a moot point whether a Hindu widows estate could be created by will, it being an estate created by law, but it is now settled that a Hindu can confer by means of a will on his widow the same estate which she would get by inheritance. The widow in such a case takes as a demisee and not as an heir...
0
5,816
931
### 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: should live together amicably as of one family. If the two could not agree and live together amicably, my wi...
National Insurance Co. Ltd Vs. Tejinder Singh Gujral & Another
1. In these appeals the only common question that arises for consideration is whether the liability of the Insurance Company is limited or unlimited.2. No doubt the Motor Accident Claims Tribunal in its order has referred that the policy finds a place on the file of the Court, but that has not been marked as an exhibit...
0[ds]5. This Court also gave one opportunity by order datedpermitting the Insurance Company to file additional documents within four weeks. We presume that it was at the request of the counsel appearing for the Insurance Company to produce the policy and other documents as additional evidence, that order came to be pas...
0
498
120
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: 1. In these appeals the only common question that arises for consideration is whether the liability of the Insurance Compa...
State Of U.P Vs. Dyer Meakin Breweries Ltd
years. The validity of those assessments have not been questioned at any stage. The registration of the assessee was transferred from Ghaziabad to Lucknow only on March 28, 1960. Till that date, the assessee continued to be registered as a dealer in the office of the Sales Tax Officer, Ghaziabad. The penalty proceeding...
1[ds]No such contention appears to have been taken either before the authorities under the Act or before the High Court. On the basis of the material on record it is not possible to come to a firm conclusion that the same assessee had been registered at two places. Further, there is no material before us to show that d...
1
2,012
537
### 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: years. The validity of those assessments have not been questioned at any stage. The registration ...
State Of Madhya Pradesh Vs. Ranojirao Shinde & Anr
and is not protected by Art. 31 (2).From the above decisions it follows that choses in action and money could not be acquired under Art. 31 (2). If it is held that, , State by the exercise of its power of eminent domain can acquire choses in action and money belonging to its citizens, by paying a fraction of the money ...
0[ds]n of a cash grant is wide enough to include cash grants sanctioned by ex-Rulers in lieu of Jagirs or other properties resumed or even, en payments agreed to be made in lieu of loans given to the Rulers. Different considerations may arise if the grants abolished are Gratuitous payments, grants in lieu of services t...
0
4,122
337
### 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: and is not protected by Art. 31 (2).From the above decisions it follows that choses in action and money could not...
Indian Card Clothing Company Limited Vs. Union of India
in our judgment, clearly supports the submission of Mr. Setalvad that foundation cloth is a separate identifiable article and cotton fabric which is used as one of the ingredients loses its identity when foundation cloth comes into existence.( 7 ) MR. Desai strenuously relied upon Tariff Item No. 19-I (b) to urge that ...
1[ds]( 6 ) BEFORE examining the issue as to whether foundation cloth is liable to payment of excise duty under Tariff Item No.(b), it would be appropriate to set out the method by which foundation cloth is manufactured by petitioner No. 2 company. The natural rubber is plasticised on two roll mills. Then zinc oxide and...
1
3,896
2,035
### 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: in our judgment, clearly supports the submission of Mr. Setalvad that foundation cloth is a separate identifiable article ...
Depot. Superintendent H.P. Corp. Ltd&Anr Vs. Kolhapur Agri. Market Commtt. Kolhapur
Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned Single Judge of the Bombay High Court dismissing the Second appeal filed by the appellant. While issuing notice on 11.4.2005 it was indicated that the appellant has to indicate whether he is willing to accept the su...
0[ds]As rightly observed by the High Court that there is no automatic renewal and there can be renewal only if it is so desired by the Central Government. There is no material placed before the courts below that there was any desire in that regard by the Central Government.
0
1,006
55
### 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: Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned Single Judge of th...
Muthangi Ayyanna Vs. Muthangi Jaggarao & Others
Challagalla Nagayyas lands) be paid by defendants 6 and 7 to plaintiff and defendants 2 to 5 with interest thereon at 12 per cent per annum from the dates of the sale deeds.(iii) That an account be taken of the outstanding due to the family as on 6-12-1925 and the plaintiff and defendants 6 and 7 do furnish accounts in...
0[ds]7. Clause 5 of the decree of the High Court, on the appeal from the preliminary decree, had modified the decree passed by the trial Court, and had extended accounting to all parties to the suit who were impleaded both in their individual capacities and as representatives of their branches. Hence, we do not think t...
0
1,576
145
### 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: Challagalla Nagayyas lands) be paid by defendants 6 and 7 to plaintiff and defendants 2 to 5 with interest...
Rakesh Malhotra Through Attorney Holder Vs. Rajinder Kumar Malhotra & Others
Kurian, J.1. Delay condoned.2. Leave granted.3. The appellant approached this Court aggrieved by the impugned orders dated 01.08.2016, 18.07.2016 and 17.06.2016 passed by the High Court of Judicature at Bombay in Appeal No.400 of 2016 in Contempt Petition NO.2 of 2015. As per the said order(s), on account of the allege...
1[ds]6. In the above circumstances, there is no point in keeping these appeals any more pending before this Court.
1
269
26
### 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: Kurian, J.1. Delay condoned.2. Leave granted.3. The appellant approached this Court aggrieved by the impugned orders dated...
Commr.Of Central Excise, Goa Vs. M/S Cosme Farma Laboratories Ltd
be considered and not the market value at which the respondent was selling the medicaments. 14. It had been further submitted by the learned counsel appearing for the respondent that the respondent-company was a loan licensee as per the provisions of the Drugs and Cosmetics Act, 1940 and the Rules made thereunder. He h...
0[ds]17. In our opinion, the submissions made on behalf of the respondent are correct and the appeals deserve to be dismissed for the reason that the manufacturing activity was done only by the job workers in their premises and with the help of their labour force and machinery. Simply because the job workers had to adh...
0
2,672
343
### 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 considered and not the market value at which the respondent was selling the medicaments. 14. It had been furthe...
VINOD RAVJIBHAI RAJPUT Vs. STATE OF GUJARAT & ORS
7. A candidate appointed by direct selection shall have to undergo such training according to his job and to pass such examination as may be prescribed by the Government from time to time. 26. On behalf of the Respondents, it was also argued that, the conditions for regularization of Class IV employees have been laid d...
1[ds]23. May be, as argued by learned Counsel on behalf of the Respondent Authorities, the order of appointment i.e. 14 th October 2013 does not bear any reference to the judgment and order of the Division Bench, dated 22 nd August 2013 in Letters Patent Appeal No.635 of 2013. However, the aforesaid judgment and order,...
1
3,059
646
### 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: 7. A candidate appointed by direct selection shall have to undergo such training according to his job and to...
C. MANJAMMA & ANR Vs. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD
the said insurance policy and on examining thoroughly and considering the factors addressed during arguments of the learned counsel for both the parties with regard to payment of compensation due to the first and second petitioner under law towards the death of the deceased, it is decided that, the second respondent is...
1[ds]10. Having given anxious consideration to the rival submissions and having examined the material placed on record with reference to the law applicable, we are clearly of the view that the impugned judgment and order cannot be sustained as there was no substantial question of law involved in the matter for which, t...
1
1,727
468
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: the said insurance policy and on examining thoroughly and considering the factors addressed during arguments ...
Daji Krishnaji Desai Tambulkar Vs. Ganesh Vishnu Kulkarni And Others
by him, was under his management and that the defendants had no right or interest therein. He claimed title to the property, on the basis of the sale of occupancy rights under the sale deed executed in his favour by Sitabai on February 10, 1945. Sitabi was the widow of Vishram Anna Shirsat, who succeeded Ram Raghu Shir...
0[ds]7. This appeal has nois clear therefore that S. 9, as it stood on February 10, 1945, when Sitabai executed the sale deed in favour of the appellant, made the rights of permanent tenants non-transferable without the consent of the kbot, and that therefore the sale in favour of the appellant was as much hit adversel...
0
1,168
270
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: by him, was under his management and that the defendants had no right or interest therein. He claimed title ...
Prem Narayan Singh and Ors Vs. Hon?ble High Court of Madhya Pradesh
their seniority which was settled at the time of their promotion cannot be disturbed. The Petitioners suggested that Rule 11 (4) (b) of 2017 Rules, according to which inter se seniority of the District Judges promoted through LCE should be on the basis of seniority in the lower cadre, is contrary to law. Petitioners re...
1[ds]13. Appointment to Higher Judicial Services in accordance with the Rules was initially by direct recruitment and promotion. On the basis of the recommendations by Justice Shetty Commission, this Court directed that 25 per cent of posts in the service filled by promotion should be strictly on the basis of merit thr...
1
3,398
614
### 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: their seniority which was settled at the time of their promotion cannot be disturbed. The Petitioners s...
Commissioner of Income Tax, Assam, Tripura, Manipur and Nagaland Vs. Rameshwarlal Sanwarmal
within time, reliance was placed by the department on the second proviso to section 34(3). That proviso reads" Provided further that nothing contained in this section limiting the time within which any action may be taken or any order, assessment or reassessment maybe made, shall apply to a reassessment made under sect...
0[ds]3. It is not the case of the department that the assessment in question either falls under clause (c) ofn (1) of section 28 or clause (a) ofn (1) orn (1A) of section 34. Therefore, the department cannot take any assistance from the main section 34(3)5. To recapitulate the facts which we have earlier mentioned, the...
0
2,360
750
### 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: within time, reliance was placed by the department on the second proviso to section 34(3). That proviso reads" Provided f...
Rajbala W/O. Mai Chand Vs. Union of India & Others
which is equal to 50% of the basic wages and the dearness allowance, which the deceased husband was drawing at the time of his death is paid to the petitioner under the settlement reached between the company and the employees union. It is not the case of the respondents that the deceased husband of the petitioner was a...
1[ds]After going through the various impugned letters issued by the respondent Nos.2 and 3 it is seen that the respondents have declined to grant family pension to the petitioner solely on the ground that she is receiving pension under the provisions of the Act of 1952 and monthly dependents allowance from Telco in acc...
1
2,189
894
### 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: which is equal to 50% of the basic wages and the dearness allowance, which the deceased husband was drawing a...