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Kingfisher Capital Clo Limited Vs. Commissioner of Income Tax and Others
from debentures"84. In para 2 of the judgment, the facts have been noted as also the submissions and thereafter, the discussion has been made in paras 7 and 8, which read as under:-"7. Section 2(42A) of the Act defines a short term capital asset and in case of shares where the assessee holds the said shares for 12 mont...
1[ds]48. A bare perusal of this section would indicate that the Revisional Authority is invoked so as to seek a revision of other orders and while that jurisdiction is invoked, the authority can exercise the powers under section 264 and make an enquiry or cause an enquiry to be made to enable it to pass, subject to the...
1
18,709
1,420
### 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: from debentures"84. In para 2 of the judgment, the facts have been noted as also the submissions and thereafter, the discuss...
Marybong & Kyel Tea Industries Ltd Vs. Commissioner Of Income Tax Calcutta
In these appeals, the appellants (assessees) had received compensation fro m the Insurers under policies for insurance against fire and the question that was referred for opinion of the High Court was whether there was a transfer as defined in Section 2 (47) of the Income Tax Act, 1961 and the excess sum of compensatio...
1[ds]The said decision in Civil Appeal No. 3909 of 1983 was followed by the said High Court in the Judgment which is under challenge in Civil Appeal No. 3910 of 1983. The decision of the Gujarat High Court in Commissioner of Income Tax v. Vania Silk Mills (supra) came up in appeal before this Court and has been reverse...
1
281
146
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: In these appeals, the appellants (assessees) had received compensation fro m the Insurers under policies for...
Commissioner of Wealth Tax, West Bengal Vs. Aluminium Corporation of India Limited
be their written down value as per the income-tax records and not the value shown by the assessee in its balance-sheets3. The department appealed to the Tribunal against the order of the Appellate Assistant Commissioner. The Tribunal allowed the appeal partially. It upheld the action of the Wealth-tax Officer in determ...
1[ds]Now turning to the second question referred to the High Court, we agree with the High Court that the valuation of the assets shown in the balance-sheet is not conclusive. Wealth-tax is levied on the value of the assets of the assessee on the valuation date. Section 7(2) of the Wealth-tax Act merely requires the We...
1
2,200
731
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: be their written down value as per the income-tax records and not the value shown by the assessee in its balance-...
Indian Petrochemicals Corporation Ltd Vs. Shramik Sena
the very inception. Hence, it cannot be gainsaid that for the purposes of the Factories Act the employees in the statutory canteens are the employees of the railways. The decisions of the Calcutta and Madras High Courts (supra) on the point, therefore, are both proper and valid. (emphasis supplied). 21. Thereafter, of ...
0[ds]16. It is clear from this definition that a person employed either directly or by or through any contractor in a place where manufacturing process is carried on, is a `workman for the purpose of this Act. Section 46 of the Act empowers the State Government to make rules requiring any specified factory wherein more...
0
4,262
1,534
### 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 very inception. Hence, it cannot be gainsaid that for the purposes of the Factories Act the employees in the statutory ...
State of Jharkhand & Others Vs. M/s. K.N. Farms and Industries (P) Ltd
land passes only when the acquisition takes place in accordance with law and the learned Single Judge did not commit any error by directing the appellants to issue fresh notices under Sections 4 and 6 of the 1894 Act. 3. Shri Amrendra Sharan, learned senior counsel appearing for the appellants argued that the impugned ...
1[ds]5. We have considered the respective submissions. In our view, the order passed by the learned Single Judge waserroneous and the Division Bench of the High Court committed grave mistake by approving the same. The direction given by the learned Single Judge to the appellants to issue notifications under Sections 4 ...
1
3,520
429
### 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: land passes only when the acquisition takes place in accordance with law and the learned Single J...
Wuntakal Yalpi Chenabasavana Gowd Vs. Rao Bahadur Y. Mahabaleshwarappa And Another
the requisite legal formalities and though the transferee does not acquire a legal title to it by the transfer, yet if he gets possession of the property though with the consent of the transferor that possession becomes adverse to the owner and if continued for the statutory period creates a title in him.8. We are not ...
1[ds]We must take it therefore that after the death of Siddalingana, Nagana became a co-owner of the disputed property with his minor son Chenabasavana. As the plaintiff purports to derive his title as a co-owner with defendant No. 1 and this being the position, the presumption of law would be that the possession of on...
1
3,129
931
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the requisite legal formalities and though the transferee does not acquire a legal title to it by the transfer, yet if he ...
U O I Vs. M/S.Krimpex Synthetics Ltd
fixed assets before the cut off date and therefore the respondent was entitled to the maximum subsidy of Rs. 25 Lacs. This contention has been rejected by the High Court by observing that material which had not been placed before Mrs. Karan could not be taken into consideration because as per remand order the High Cour...
0[ds]It was submitted by Shri Gopal Jain, learned counsel appearing for the respondent, that the respondent was entitled to maximum subsidy available under the scheme to the tune of Rs. 25 lacs. Mr. Jain, fairly conceded before us that the material which was placed along with the additional affidavit before the High Co...
0
2,813
586
### 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: fixed assets before the cut off date and therefore the respondent was entitled to the maximum subsidy o...
Management Of Fertilizer Corporation Ofindia Vs. The Workmen
a letter dated October 13, 1966 sent by the Labour Commissioner to the appellant and the unions concerned containing a copy of the telegram sent by him on that date regarding the conciliation proceedings being fixed on October 17, at Chandigarh and requesting the parties to appear before him. That the said telegram and...
1[ds]We are not inclined to accept the contention of Mr. Gokhale that the appellant was not bound to implement the directions contained in the Circular letter of the Government dated December 21, 1965, containing the Cabinet decision of December 2, 1965, nor his further contention that the claim of the workmen for bonu...
1
9,184
1,165
### 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: a letter dated October 13, 1966 sent by the Labour Commissioner to the appellant and the unions concerned containing a cop...
Mrs. Manorama S. Masurekar Vs. Mrs. Dhanlaxmi G. Shah And Anr
date of the institution of the suit. The appellants husband was a tenant of a flat. The rent was in arrears for a period of more than six months. On December 22, 1956, the landlord served a notice on the tenant demanding the rent. The tenant neglected to pay the rent within one month of the notice. On January11, 1957, ...
0[ds]3. Sub-section (1) of S. 12 imposes general restriction on the landlords right to recover possession of the premises so long as the tenant pays or is ready and willing to pay the rent and observes and performs the other conditions of the tenancy. Sub-section (2) of S. 12 imposes the further restriction that no sui...
0
1,246
701
### 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: date of the institution of the suit. The appellants husband was a tenant of a flat. The rent was in arrears...
STATE OF UTTARAKHAND Vs. RAJ KUMAR
State filed review application before the High Court. The review was dismissed vide order dated 27.06.2016 which has now given rise to two special leave to appeals by State questioning the legality and correctness of the main order dated 24.11.2015 and review order dated 27.06.2016 by way of special leave before this C...
1[ds]10. In our opinion, the case at hand is covered by the two decisions of this Court rendered in the case ofBharat Sanchar Nigam Limited vs. Bhurumal (2014) 7 SCC 177 andDistrict Development Officer and Anr. vs. Satish Kantilal Amerelia (2018) 12 SCC 298. Here is also a case where the respondent claimed to have...
1
1,279
251
### 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: State filed review application before the High Court. The review was dismissed vide order dated 2...
Union Of India Vs. Kamlabhai Harjiwandas Parekh & Others
clause stood by itself, and satisfied article 31(2) and the tests formulated in Bela Banerjees case, 1954 SCR 558 = (AIR 1954 SC 170 ) is of no substance. The passage in the judgment of this Court in 1964-6 SCR 936 = (AIR 1965 SC 190 ) (supra) at page 944 where reference was made to the fact that even under the Land Ac...
0[ds]7. The Act was passed before the Fourth Amendment Act of the Constitution in 1955. Its vires is to be decided on the anvil of the Constitution as it stood before the said amendment. Several decisions of this Court have laid down the principles for testing the vires of State Acts providing for compensation for acqu...
0
6,041
855
### 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: clause stood by itself, and satisfied article 31(2) and the tests formulated in Bela Banerjees case, 1954 SCR 558...
Commissioner Of Sales Tax, Madhya Pradesh Vs. M/S. Amarnath Ajitkumar Of Bhind, Madhyapradesh
the repealed Act. Section 7 of the Bombay General Clauses Act provides "where this Act or any Bombay Act, or Maharashtra Act, made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not:x x x x(c) affect any right...
0[ds]10. Agreeing with the High Court this Court held in Hanuman Prasads case, 19 STC 87 = (AIR 1967 SC 565 ) that the Commissioner could not have revised the order of assessment after the period prescribed in the repealed Act. One of the reasons given in support of that conclusion is that "the rights and liabilities,...
0
3,461
970
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the repealed Act. Section 7 of the Bombay General Clauses Act provides "where this Act or any Bombay Act, or Maharashtra A...
Gurcharan Singh and Others Vs. V. K. Kaushal
would be deemed to have come into force on 26th January, 1950. The words "on the date of the Notification" were omitted in s. 3(1) of the principal Act, and were deemed always to have been omitted, so that under s. 3 the Central Government must be deemed to have been empowered always to extend to a cantonment any enact...
0[ds]It is sufficient to point out that the Rent Control Authorities and the High Court have concurrently found that the shop was let out to Gurcharan Singh and not to the joint Hindu family, and that Gurcharan Singh sub-let it in 1967 to a partnership firm consisting of his father and brother. The finding is supported...
0
2,853
1,801
### 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: would be deemed to have come into force on 26th January, 1950. The words "on the date of the Notification" w...
Vidya Sagar Joshi Vs. Surinder Nath Gautam
of the conduct and management of an election in any one constituency in a State in excess of the maximum amount specified in respect of that constituency in Schedule V."The words "conduct and management of election" are not as wide as the words "all expenditure in connection with election incurred or authorised by him,...
1[ds]9. The candidate here put out this money for his election since he was trying to obtain a Congress ticket. If he had got the ticket and the money was refunded to him, this would not have counted as an expenditure since the expense would not have been incurred. When the candidate knowing that the money would be los...
1
2,271
578
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: of the conduct and management of an election in any one constituency in a State in excess of the maximum amount specified in...
Madan Lal Vs. Sunderlal & Another
of the Limitation Act. If no such application is made the award cannot be set aside on any of the grounds specified in S.30 of the Act. It may be conceded that there is no special form prescribed for making such an application and in an appropriate case an objection of the type made in this case may be treated as such ...
0[ds]5. We are of opinion that this appeal must fail. The Act was passed in 1940 and as the long title shows it is an Act to consolidate and amend the law relating to arbitration. Before 1940, the 1aw relating to arbitration was mainly contained in the Second Schedule to theCode of Civil Procedure which was repealed by...
0
2,827
1,161
### 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: of the Limitation Act. If no such application is made the award cannot be set aside on any of the grounds s...
Assistant Commissioner of Income Tax Vs. Britto Amusement (P.) Limited
comparing the provisions of the said Act as they stood prior to the amendment, the Tribunal noted that in the 1961 Act, an additional condition was introduced that the payment should be to a shareholder being a person who is the beneficial holder of shares and who has a substantial interest in the company i.e. a shareh...
0[ds]6. We have considered the submissions of the learned counsel and we have also gone through the impugned judgment. The amount in dispute is a sum of Rs. 33,55,076 which is sought to be made assessable as deemed dividend under s. 2(22)(e) of the IT Act of 1961 in the hands of the respondent. The Tribunal has noted t...
0
2,812
1,520
### 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: comparing the provisions of the said Act as they stood prior to the amendment, the Tribunal noted...
ANJUM HUSSAIN Vs. INTELLICITY BUSINESS PARK PVT LTD
the same cause of action as the persons represented by him. The rule is being substituted by a new rule and an explanation is being added to clarify that such persons need not have the same cause of action.?There is, therefore, no doubt that the persons who may be represented in a sui under Order I, Rule 8 need not hav...
1[ds]11. According to the National Commission, though all the appellants had a common grievance that the respondent had not delivered possession of the respective units booked by them and thus the respondent was deficient in rendering service, it was not shown how many of the allottees had booked the shops/commercial u...
1
3,644
110
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the same cause of action as the persons represented by him. The rule is being substituted by a new rule and an explanation...
Commissioner Of Wealth Tax Bombayand Another Vs. Mrs. Kasturbai Walchand & Others
Assistant Commissioner as no appeals had been filed by the respondent. Meanwhile, however, during the pendency of the appeals before the Appellate Tribunal, the respondent preferred revision applications on June 29, 1962, under subsection (1) of section 25 to the Commissioner of Wealth-tax in respect of the aforesaid a...
1[ds]The High Court, it seems to us, omitted to consider that the appeals filed before the Tribunal had been disposed of and the impugned order of the Appellate Assistant Commissioner must be taken to have merged in the order of the Appellate Tribunal. The revision applications, in short, had becomethe respondent shoul...
1
1,560
337
### 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: Assistant Commissioner as no appeals had been filed by the respondent. Meanwhile, however, during the pendency of the appea...
Apparaju Malhar Rao Vs. Bandi Venkateshwarlu
Abhay Manohar Sapre, J. 1. This appeal is filed by defendant No.1 against the final judgment and order dated 30.12.2005 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Second Appeal No. 743 of 2004 whereby the High Court allowed the second appeal filed by the plaintiff and set aside the judgmen...
1[ds]16. Perusal of the impugned order shows that no such question was formulated except to note the submissions of learned counsel for the appellant that it so arises but not beyond that as to whether it actually arises and, if so, what is that question17. In the light of foregoing discussion and keeping in view the l...
1
1,102
99
### 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: Abhay Manohar Sapre, J. 1. This appeal is filed by defendant No.1 against the final judgment and order dated 30.12.2005 pas...
STATE OF KARNATAKA Vs. A.B.MAHESHA ETC
R. BANUMATHI,J.1. The appeals by the State of Karnataka are against the acquittal of the respondents/accused.2. The case of the prosecution revolves around the following circumstances:- (i) deceased Jagdeesha was last seen alive in the Company of A1 to A3- respondents; (ii) recovery of Car having Registration No. MEC 8...
0[ds]5. Insofar as the first circumstance that the deceased was last seen alive, the prosecution relies upon the testimony of P.Ws 5 and 6 who were also running the taxi at Chikkamagalur Car Stand.stated that even though the accused wanted to engage his car, deceased Jagdeesha expressed his intention to go on hire as h...
0
721
469
### 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: R. BANUMATHI,J.1. The appeals by the State of Karnataka are against the acquittal of the respondents/accuse...
Chittaranjan Das Vs. The State Of Orissa
It was, according to the learned counsel, essential under Section 20, as it stood before the amendment, that the authority should be in respect of some specified individual offence. As notification dated December, 16, 1964 was issued before Act 37 of l954 was amended by Act 49 of 1964 and as the said notification gave ...
0[ds]We have reproduced above Section 20, as it stood before the amendment, and we find nothing in its language which makes it imperative to specify a particular offence in the order authorising a person to give consent to the institution of prosecution. The words "in this behalf" in the above provision, to which our a...
0
2,367
556
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: It was, according to the learned counsel, essential under Section 20, as it stood before the amendment, that the authority ...
Parmanand And Others Vs. Ganpatrao And Others
cannot be held to be invalid, Mr. Masodkar relied on a decision of the Privy Council in Rewa Mahton v. Ram Kishen Singh((1886) L. R. 13 I. A. 106.). In that case, the Privy Council was dealing with a question which had reference to the true construction of s. 246 of the Civil Procedure Code of 1877 (Act X of 1877). The...
1[ds]It would thus be seen that the scheme of the relevant provisions of the Act in relation to revenue sales appears to be self-contained. The revenue process for recovering arrears begins with the report as to the arrears and ends with the confirmation of sale. Provision is made for the examination of claims of third...
1
4,176
1,574
### 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: cannot be held to be invalid, Mr. Masodkar relied on a decision of the Privy Council in Rewa Mahton v. Ram Kishen Singh((18...
Aluminium Corporation Of India Ltd Vs. Union Of India & Ors
case that from April 25, 1960 all the finished goods cleared by Excise officials had been subjected to Rs. 500/- per MT of duty. 10. The above facts make out, fool-proof fashion, that the entire 649 odd MT of slabs had been transformed into sheets and the like. If the latter had been cleared on payment of excise at Rs....
1[ds]3. If we may anticipate our ultimate conclusion even at the opening stage, this appeal deserves to be allowed as a matter of law, but what is more significant for society are three unhappy features which, we feel confident, the State will seriously consider. They are : (a) that good government involves not only di...
1
3,017
1,845
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: case that from April 25, 1960 all the finished goods cleared by Excise officials had been subjected to Rs. 500/- per MT of...
Sushil Kumar Singhal Vs. Regional Manager Punjab National Bank
as under :- "No banking company –(a) .......(b) Shall employ or continue the employment of any person –(i) who is, or at any time has been, adjudicated insolvent, or has suspended payment or has compounded with his creditors, or who is, or has been, convicted by a criminal court of an offence involving moral turpitude....
0[ds]27. In view of the above, we reach the conclusion that once a Criminal Court grants a delinquent employee the benefit of Act, 1958, its order does not have any bearing so far as the service of such employee is concerned. The word "disqualification" in Section 12 of the Act, 1958 provides that such a person shall n...
0
3,746
356
### 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 under :- "No banking company –(a) .......(b) Shall employ or continue the employment of any person –(i) w...
The Management Of Express Newspapers Ltd Vs. B. Somayajulu And Others
The further question has to be considered is whether the respondent satisfies the other test : " was his working as a correspondent his principal avocation at the relevant time"? The definition requires that the respondent must show that he was a working journalist at the time when his services were terminated; and tha...
1[ds]In dealing with this aspect of the matter, it may no doubt be relevant to bear in mind the fact that some months before his services as a correspondent were terminated, the respondents selling agency had come to an end, and so, the Labour Court may have to hold an enquiry into the question as to whether the respon...
1
4,971
798
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: The further question has to be considered is whether the respondent satisfies the other test : " was his w...
The Kerala State Coop.Mktg. Federation Vs. State Bank Of India
banker and customer began as soon as the first cheque was handed in to the banker for collection, and not when it was paid.15. In Turner vs. London and Provincial Bank (1903) 2 Legal Decisions Affecting Bankers 33 : (1903) XXIV Journal of Institute of Bankers 220), evidence was admitted as proof of negligence, that the...
1[ds]From his evidence it is clear that the person who called himself K. Narayhanan opened an account on the introduction of an account holder by name Dharman Panicker. In the Account Opening Form the address is given only as "Kaniyarath P.O. Kallisseri". Thus an absolutely vague address was given. The Bank made no enq...
1
3,199
322
### 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: banker and customer began as soon as the first cheque was handed in to the banker for collection, and not wh...
Remington Rand of India Limited Vs. Tahir Ali Baifi and Another
mechanic in the appellant-company. On 23rd September, 1965 a charge-sheet was served on him on the ground that he sold one second-hand Godrej Standard typewriter to M/s. Jabalpur enterprises. The charge-sheet mentioned that he had transacted the business in the name of his brother, that the machine actually belonged to...
0[ds]4. We are of opinion that the High Courts conclusion were correct. The standing order in question which is alleged to have been contravened by the 1st respondent is as follows :"12A. Misconduct for commission of any of the following acts the punishment is summary dismissal.29 Engaging in any work similar in nature...
0
1,082
481
### 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: mechanic in the appellant-company. On 23rd September, 1965 a charge-sheet was served on him on the grou...
Kanika Goel Vs. State of NCT of Delhi and Ors
dated 20th August, 2018, merely takes note of the factual error committed in the judgment dated 20th July, 2018 in recording about the pendency of custody proceedings before the Family Court at New Delhi. That factual error has been ordered to be corrected vide the order dated 20th August, 2018 by deletion of the follo...
0[ds]On a fair reading, the order dated 20th August, 2018, merely takes note of the factual error committed in the judgment dated 20th July, 2018 in recording about the pendency of custody proceedings before the Family Court at New Delhi. That factual error has been ordered to be corrected vide the order dated 20th Aug...
0
3,500
716
### 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: dated 20th August, 2018, merely takes note of the factual error committed in the judgment dated 20th July, 2018 in recordin...
Montford Borthers Of St.Gabriel Vs. United India Insurance
to the conditions of the Indian society. Every legal representative who suffers on account of the death of a person due to a motor vehicle accident should have a remedy for realisation of compensation and that is provided by Sections 110-A to 110-F of the Act. These provisions are in consonance with the principles of l...
1[ds]The Act does not define the termut the Tribunal has noted in its judgment and order that clause (C) of Rule 2 of the Mizoram Motor Accident Claims Tribunal Rules, 1988, defines the term `legalas having the same meaning as assigned to it in clause (11) of Section 2 of the Code of Civil Procedure,is undeniable that ...
1
2,582
752
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to the conditions of the Indian society. Every legal representative who suffers on account of the death of ...
Indian Oil Corporation Limited & Another Vs. Kerala State Road Trading Corporation & Others
the aforesaid paragraphs. Thus, it was decided by the Government of India, not to the extend subsidy to bulk consumers; same could not be said to be an arbitrary decision, discriminatory or in violation of the principles contained in Article 14 of the Constitution of India. 17. Such policy decisions are not amenable to...
0[ds]16. Firstly, coming to the issue of the policy framed by the Government of India; the grant of subsidy is a matter of privilege, to be extended by the Government. It cannot be claimed as of right. No writ lies for extending or continuing the benefit of privilege in the form of concession. Subsidy is the matter of ...
0
3,567
451
### 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 aforesaid paragraphs. Thus, it was decided by the Government of India, not to the extend subs...
Ksl & Industries Ltd Vs. M/S. Arihant Threads Ltd.
that the provisions of the said Act were to prevail even over the provisions of the Sick Companies Act...... .... ...... .....It is a settled rule of interpretation that if one constructions leads to a conflict, whereas on another construction, two Acts can be harmoniously constructed then the latter must be adopted. I...
1[ds]27. The Courtword "suit" and "proceeding" have not been used interchangeably in SICA.Referring to Pandurang R. Mandlik v. Shantibai R. Ghatge, 1989 Supp (2) SCC 627, the Court observed that in its comprehensive sense, the word ‘suit is understood to apply to any proceeding in a Court of Justice by which an individ...
1
12,880
3,369
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: that the provisions of the said Act were to prevail even over the provisions of the Sick Companies Act...... ...
VIJAY KUMAR & ORS Vs. OM PARKASH
R Banumathi, J. - Leave granted. 2. This appeal arises out of judgment and order dated 19th December, 2015 passed by the High Court of Punjab and Haryana at Chandigarh in R.S.A. NO.6184 of 2015 in and by which the High Court has affirmed the judgment of the First Appellate Court thereby granting decree for specific per...
1[ds]7. In order to obtain a decree for specific performance, the plaintiff has to prove his readiness and willingness to perform his part of the contract and the readiness and willingness has to be shown through out and has to be established by the plaintiff. In the case in hand, though the respondentplaintiff has fil...
1
822
398
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: R Banumathi, J. - Leave granted. 2. This appeal arises out of judgment and order dated 19th December, 2015 passed...
V.G. George Vs. Indian Rare Earths Ltd.
settle all problems and objections which arose in the course of mining work ?17 - Whether claimant suffered loss as mentioned in paragraph 14 of the State of Claim ?18 - Whether respondent is liable to make good the loss mentioned in issue No. 17 and if so, to what extent ?" 14. In respect of the above issues the arbit...
0[ds]16. It has been urged on behalf of the appellant that as the award is non-speaking one the High Court erred in law in going into the facts of the case. On the other hand it has been urged on behalf of the respondents that the present award cannot be said to be a non-speaking one as the findings of the arbitrator o...
0
2,205
470
### 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: settle all problems and objections which arose in the course of mining work ?17 - Whether claimant suffered ...
Commnr. Of Customs, New Delhi Vs. M/S. Sony India Ltd
HSN Explanatory Notes to Rule 2 (a) had to be applied while considering the relevant Tariff Entry. It has also correctly held after considering the whole process that the process involved in the user of the components is the complex manufacturing process during which many components are subjected to working operation r...
0[ds]We also approve of the reliance by the Tribunal on the reported decision in Susha Electronics Industries v. CC [1989 (39) ELT 585], Trident Television Pvt. Ltd. v. CC [(1990) 45 ELT 24] , Vishal Electronics Pvt. Ltd. v. CC, Bombay [1998 (102 ELT 188], Sharp Business Machines (supra) and the judgment of the Calcutt...
0
7,770
101
### 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: HSN Explanatory Notes to Rule 2 (a) had to be applied while considering the relevant Tariff Entry...
Managing Committee, Khalsa Middle School & Another Vs. Mohinder Kaur & Another
dated July 1,1979 ?9. Sec. 2 of the Societies Registration Act prescribed that a society will have a memorandum of association which will contain the name of the society, the objects of the society and the names and addresses and occupa­tion of the governors, their council, directors, committee or the governing body to...
1[ds]7. We do not find merit in the first contention urged by Mr. Tarkunde. The object of the amendments that were introduced in the rules and regulations of the Society in 1963 was to change the minority status of the institution so that it could be allotted land by the Delhi Development Authority. The Society also pr...
1
3,243
1,230
### 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: dated July 1,1979 ?9. Sec. 2 of the Societies Registration Act prescribed that a society will have a memorandum of associ...
Gajadhar Prasad & Ors Vs. Babu Bhakta Ratan & Ors
of one side. It is certainly not necessary for it to state its own estimate. If this were required, it may, to be fair, necessitate insertion of something like a summary of a judicially considered order, giving its grounds, in the sale proclamation which may confuse bidders. It may also be quite misleading if the Court...
1[ds]15. A review of the authorities as well as the amendments to Rule 66 (2) (e) make it abundantly clear that the Court, when stating the estimated value of the property to be sold, must not accept merely the ipse dixit of one side. It is certainly not necessary for it to state its own estimate. If this were required...
1
3,527
819
### 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: of one side. It is certainly not necessary for it to state its own estimate. If this were required, it may...
Regional Director Employees State Insurance Corporation Vs. Ram Chander
for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power or is ordinarily so carried on but excluding a mine subject to the operation of the Mines Act, 1952 (35 of 1952) or a railway running shed or an establishment which is exclusiv...
1[ds]The facts of that case were entirely different from these in this case. But the ratio of that decision is apposite to the issue in dispute here. There this Court reiterated that it was not that a place where goods were sold was only a shop. But a place where services were sold on retail basis was also a shop. The ...
1
1,505
386
### 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: for wages on any day of the preceding twelve months, and in any part of which a manufacturing process is being ca...
Sanjeev Kr. Samrat Vs. National Insurance Co. Ltd.
a claim under the Act as well as under the 1923 Act, the said person is entitled to compensation under either of the Acts, but not under both. 22. Coming to the scheme of the 1923 Act, it is worth noticing that under Section 3 of the said Act, the employer is liable to pay compensation to the workman in respect of pers...
0[ds]24. It is worthy to note that sub-clause (i)(c) refers to an employee who is being carried in the vehicle covered by the policy. Such vehicle being a goods carriage, an employee has to be covered by the statutory policy. On an apposite reading of Sections 147 and 167 the intendment of the Legislature, as it appear...
0
4,602
493
### 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: a claim under the Act as well as under the 1923 Act, the said person is entitled to compensation under eithe...
Hapag Lloyd India Pvt. Ltd Vs. Principal Commissioner of Income-Tax
Section 264 of the Act, 1961 was not maintainable when the assessee had not made a claim for refund of excess tax paid, in the original return. Mr. Thakkar would urge that the view of respondent no.1 that, for exercise of jurisdiction under Section 264 of the Act, 1961, the order impugned ought to be apparently erroneo...
1[ds]10. From the perusal of the aforesaid reasons, it becomes evident that two factors weighed with respondent no.1. First, the assessee had not claimed refund in the original and revised return and, thus, there was no error in the assessment order passed under Section 143(3) on 18th December, 2018. Second, respondent...
1
1,841
544
### 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: Section 264 of the Act, 1961 was not maintainable when the assessee had not made a claim for refund of exc...
Patna Electric Supply Company Limited Vs. Patna Municipal Corporation & Others
December 26, 1967, the Administrator issued an order imposing a ground rent of Rs. 1/50 paise per pole per month and forwarded a bill for Rs. 51,300/- in respect of the rent alleged to be due for the month of December 1967. Therein it held out a threat that if the rent demanded is not paid, coercive processes under Sec...
1[ds]4. In our opinion the High Court has misread the provisions of the Indian Electricity Act, 1910 and the Indian Telegraph Act, 1885. The High Court purported to have based its decision on Section 51 of the Indian Electricity51 merely empowers the State Government to confer on the licensee certain powers which can b...
1
1,413
319
### 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: December 26, 1967, the Administrator issued an order imposing a ground rent of Rs. 1/50 paise per pole per m...
Krishi Utpadan Mandi Samiti Vs. Pilibhit Pantnagar Beej Ltd.
a commodity distinct from foodgrains as commonly understood. That distinction was borne in mind by the High Court in allowing the writ petition of the respondents, and in our view rightly." 31. The other decisions cited by the counsel for the appellants will not be of any assistance in deciding the factual dispute invo...
0[ds]24. We have already reproduced Section 2(a) and Section 17(iii) of the Adhiniyam. Section 17(iii) of the Adhiniyam provides for imposition of market fee on the transactions of sale of specified agricultural produce in the market area at such rates notified by the State. As already noticed, Wheat is specified in th...
0
7,190
972
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: a commodity distinct from foodgrains as commonly understood. That distinction was borne in mind by the High Court in allo...
Rev. Father W. Proost & Others Vs. The State of Bihar & Others
(1) cannot be cut down by introducing in it considerations on which Article 29 (1) is based. The latter article is a general protection which is given to minorities to conserve their language, script or culture. The former is a special right to minorities to establish educational institutions of their choice. This choi...
1[ds]In our opinion, this argument cannot be accepted.In our opinion the width of Article 30 (1) cannot be cut down by introducing in it considerations on which Article 29 (1) is based. The latter article is a general protection which is given to minorities to conserve their language, script or culture. The former is a...
1
3,606
402
### 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: (1) cannot be cut down by introducing in it considerations on which Article 29 (1) is based. The latter article is a gene...
The Management of TNSTC (Coimbatore) Ltd Vs. M. Chandrasekaran
to ascertain whether prima facie case is made out for grant or non-grant of approval to the order of punishment. In doing so, the Commissioner could not substitute his own judgment but must only consider whether the view taken by the Disciplinary Authority is a possible view on the evidence on record. 10. In the presen...
1[ds]12. In our opinion, the Commissioner exceeded his jurisdiction in reappreciating the evidence adduced before the Enquiry Officer and in substituting his own judgment to that of the Disciplinary Authority. It was not a case of no legal evidence produced during the enquiry by the Department, in relation to the charg...
1
3,627
264
### 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: to ascertain whether prima facie case is made out for grant or non-grant of approval to the order of punishment. In doing s...
RAMASAMY (PURCHASER) Vs. VENKATACHALAPATHI (DECREE HOLDER)
R. BANUMATHI, J.1. Leave granted.2. This appeal arises out of the Judgment and order dated 09.11.2016 passed by the High Court of Judicature at Madras in CRP (NPD) No. 3727 of 2015, in and by which, the learned Single Judge affirmed the order of the Executing Court, finding the appellant guilty of Contempt of Court for...
1[ds]6. We have heard the learned counsel for the parties and perused the impugned order and the other materials on record. Violation of the order of injunction is a serious matter and unless there is a clear evidence that the party has wilfully disobeyed the order of the court, the party cannot be punished for disobed...
1
796
205
### 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: R. BANUMATHI, J.1. Leave granted.2. This appeal arises out of the Judgment and order dated 09.11....
Regional Director, Employees' State Insurance Corporation and Another Vs. Enfield India Limited
These two civil appeals arise out of a common judgment of the High Court of Judicature at Madras allowing two writ petitions filed by the respondent Company. The contention of the respondent Company before the High Court was that the appellant Corporation is not entitled to direct the respondent Company to remit the em...
1[ds]2. Now, in the meantime, this Court has finally resolved this controversy. The two decisions of this Court which have a direct bearing on the controversy between the parties may be noted. In Harihar Polyfibres v. Regional Director ESI Corpn.a Bench of two learned Judges of this Court speaking through O. Chinnappa ...
1
359
170
### 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: These two civil appeals arise out of a common judgment of the High Court of Judicature at Madras allowi...
INDUSIND BANK LIMITED AND ANOTHER Vs. SIMARJIT SINGH
for payment of Rs. 1,39,335/-. Thereupon, it is accepted, the respondent had paid Rs. 1,04,200/- on 24th March 2008, Rs. 35,150/- on 6th May 2008 and Rs. 36,000/- on 31st May 2008. Accordingly, Rs. 8,19,300/- was paid by 31st May 2008, while as per the instalment schedule, the respondent was required to pay only Rs. 8,...
1[ds]9. On the question of value of the timber, the appellant Bank has gleaned our attention to Annexures P/12 to P/18. These documents, it is stated, are related to the consignment in question: the consignment note dated 26th June 2008 issued by New Bikaner Punjab Haryana Roadlines showing the value of timber (P/12); ...
1
1,228
347
### 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: for payment of Rs. 1,39,335/-. Thereupon, it is accepted, the respondent had paid Rs. 1,04,200/- on 24th March 2008, Rs. 35,...
Ghuran Yadav Vs. State of Bihar
Uchit Paswan (P.W. 5), when produced as a witness, stated that he knew nothing about this case. He was confronted with Ex. 1/Gha but he said that he could not read what was written there. He categorically denied the suggestion by the prosecuting counsel that he had been won over by the accused and that he was concealin...
1[ds]5. On going through the record and examining the evidence which we have just discussed we are clear that there is no legal evidence on the record on which we can sustain the conclusions of the courts below that it was the appellants house which was searched6. Normally this Court, of course, does not examine for ap...
1
2,910
776
### 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: Uchit Paswan (P.W. 5), when produced as a witness, stated that he knew nothing about this case. He was confronted with Ex. ...
Krishika Lulla Vs. Shyam Vithalrao Devkatta
author of “A passage to India” E.M. Forster filed a suit against the defendants for alleged infringement of copyright in the title of the book for adopting as a title the name of the defendants guide written for students, as “E M Forster, A Passage to India, Everyman’s guide”. The Court reviewed the law on the subject ...
1[ds]19. We are thus, of the view, that no copyright subsists in the title of a literary work and a plaintiff or a complainant is not entitled to relief on such basis except in an action for passing off or in respect of a registered trademark comprising such titles. This does not mean that in no case can a title be a p...
1
3,698
288
### 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: author of “A passage to India” E.M. Forster filed a suit against the defendants for alleged infringemen...
Rajasthan State Road Transport Corporation, Jaipur Vs. Smt. Poonam Pahwa and others
20, neither order XXXIII nor Section 25 of Civil Procedure Code have been made expressly applicable. Dr. Dhavan has taken pains in referring to a number of decisions of various High Courts where the underlying principles of Civil Procedure Code have been made applicable in the proceedings before the statutory judicial ...
0[ds]In our view, Dr. Dhavan is justified in his submission that when Haryana has adopted the Punjab Motor Accidents Rules in 1972, it must be held that it has adopted the Punjab Rules as it stood on the date of adoption, namely, January 20, 1972. Order XXI of theCode of Civil Procedure has been expressly made applicab...
0
6,333
561
### 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: 20, neither order XXXIII nor Section 25 of Civil Procedure Code have been made expressly applicable. Dr. D...
M.C. Mehta Vs. Union of India & Others
emission norms would be prohibited. It did not do so to enable all concerned, particularly the auto industry and marketing strategists to gradually manage their affairs rather than subject them to a sudden future shock. The scheme of a gradual phase-out is now sought to be perverted through a literal interpretation of ...
1[ds]In other words, we take it that the Government was and issupporting the reduction of vehicular pollution by controlling the emission norms and complying with the Bharat Stage standards keeping in view the auto fuel policy and the Report of the Expert Committee referred to by the Parliamentary Standing Committee.In...
1
7,037
1,856
### 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: emission norms would be prohibited. It did not do so to enable all concerned, particularly the auto indust...
Harivadan Babubhai Patel Vs. State Of Gujarat
each case so as to find whether the witnesses are available for being examined in the court and were yet withheld by the prosecution. The three-Judge Bench further proceeded to observe that the court is required first to assess the trustworthiness of the evidence available on record and if the court finds the evidence ...
0[ds]We will be failing in our duty if we do not note another submission of the learned counsel for the appellant. It is urged by him that A-2 stood on the same footing as the appellant and hence, the High Court should have acquitted him. It is also canvassed by him that A-2 has been acquitted of the charge of criminal...
0
4,145
246
### 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: each case so as to find whether the witnesses are available for being examined in the court and were ye...
Sir Shadi Lal Sugar And General Millsltd. & Anr Vs. Commissioner Of Income Tax, Delhi
is not the same thing as deliberate concealment or furnishing inaccurate particulars. At least in the background of the law as it stood at the relevant time, that was the position. There have been some changes subsequently which we have not noticed for the present purposeIn Omar Salay Mohamed Sait v. CIT [1959] 37 ITR ...
1[ds]Having regard to the facts and circumstances of the case, he imposed a penalty of Rs. 70, 000In appeal, thex Appellate Tribunal was of the view that not much turned upon the fact that the assessee agreed to the additions of the amounts in the assessment. So far as the reliance placed upon Kanodias statement by the...
1
4,312
4,726
### 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: is not the same thing as deliberate concealment or furnishing inaccurate particulars. At least in the backgr...
UDAY SHANKAR RAO Vs. AMARENDERA KUMAR DUTTA
notice that the provisions of the Essential Commodities Act, the Negotiable Instruments Act, the Employees Provident Funds and Miscellaneous Provisions Act, 1952 etc. have been created such specifically creates an offence of criminal breach of trust in respect of the amount deducted from the employees by the company. I...
1[ds]The legal position on the subject is, in our opinion, fairly well settled by the decisions of this Court that have authoritatively declared that except in situations where the Statute itself creates a vicarious liability and makes prosecution on that basis legally permissible, the law does not generally provide fo...
1
1,655
1,000
### 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: notice that the provisions of the Essential Commodities Act, the Negotiable Instruments Act, the Employees Provid...
Lachhman Dass Vs. Santokh Singh
reassess and reappreciate the evidence unless the statute expressly confers on in that power. That limitation is implicit in the concept of revision. In this view of the matter we are supported by a decision of this Court in State of Kerala v. K.M. Charia Abdullah and Company, A.I.R. 1965 SC 1585 . 8. This Court in the...
1[ds]In the present case as discussed earlier the Rent Controller passed the order of eviction against the respondent on the ground mentioned under Section 13 of the Act against which the respondent preferred an appeal under sub-section (2) of Section 15 of the Act and the appellate authority affirmed the order of evic...
1
2,658
1,067
### 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: reassess and reappreciate the evidence unless the statute expressly confers on in that power. That limitat...
Md. Sajjad @ Raju @ Salim Vs. State Of West Bengal
place in the presence of those prosecution witnesses nor any special circumstances had occurred which would invite their attention so as to register the features or special attributes of the concerned accused. Their chance meeting, as alleged, was in the night and was only for some fleeting moments. 16. In Subash v. St...
1[ds]15. In the case in hand, apart from the fact that there was delay in holding the Test Identification Parade, one striking feature is that none of the concerned prosecution witnesses had given any identification marks or disclosed special features or attributes of any of those four persons in general and the accuse...
1
4,317
444
### 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: place in the presence of those prosecution witnesses nor any special circumstances had occurred which w...
Ram Krishna Ramnath Agarwalof Kamptee Vs. Secretary, Municipal Committee,Kamptee.Union Of India And
a duty levied on a manufacturer or producer in respect of the commodity manufactured or produced. It is a tax on goods not on sales or the proceeds of sale of goods. Here, again, their Lordships find themselves in complete accord with the reasoning and conclusions of the Federal Court in B. Paidanna case, 1942 F. C. R....
0[ds]the leavy of such tax by the Provincial Government was a subject which was within the exclusive legislative power of the Centre by reason of such tax being included in List I of Sch.7, the levy of such tax under the Provincial legislation continued to be valid until the Central Legislature passed an Act the provis...
0
3,578
1,135
### 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: a duty levied on a manufacturer or producer in respect of the commodity manufactured or produced. It is a tax on goods not ...
Commissioner of Income Tax Vs. Express Newspapers Limited
dividend, that in clause (c) of the second proviso in the Finance Act, the expression used is "declared or distributed to its shareholders". This clearly postulates a situation where there may be distribution of dividend without its declaration. This can be where the Board of Directors, and not the Company in general m...
1[ds]7. On a careful examination of the aforesaid provision, it appears to us that the rebate given by the first proviso can be reduced if dividend has been declared or distributed by the Company to its shareholders. Two expressions are used, namely, "declared" and "distributed". Learned counsel for the respondent is r...
1
2,461
611
### 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: dividend, that in clause (c) of the second proviso in the Finance Act, the expression used is "declared or distributed to ...
RAMKHILADI Vs. THE UNITED INDIA INSURANCE COMPANY
present case, the parties are governed by the contract of insurance and under the contract of insurance the liability of the insurance company would be qua third party only. In the present case, as observed hereinabove, the deceased cannot be said to be a third party with respect to the insured vehicle bearing registra...
1[ds]5.3 While answering the finding recorded by the learned Tribunal on Issue No. 2, it appears that, as such, the learned Tribunal has not at all answered the aforesaid issue. While answering Issue No. 2, there is no specific finding whether the deceased¬driver was in employment of the opponent-owner Bhagwan Sahay or...
1
5,631
1,825
### 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: present case, the parties are governed by the contract of insurance and under the contract of insurance the l...
Apollo Tyres Ltd Vs. C.P. Sebastian
Civil Appeal No. 7007 of 2003 1. This Appeal has been filed against the impugned judgment of the High Court of Kerala at Ernakulam dated 06th September, 2002 passed in CMA No. 14 of 2001 whereby the High Court while confirming the judgment and decree of the court below has held that the civil Court has jurisdiction to ...
1[ds]On the facts of the case, we are clearly of the view that the suit filed by the plaintiff was barred by Section 14(b) of the Specific Relief Act, 1963 which states that a contract of personal service cannot be enforced in a civil suit. In our opinion, if the plaintiff had any grievance and if he is a workman as de...
1
818
287
### 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: Civil Appeal No. 7007 of 2003 1. This Appeal has been filed against the impugned judgment of the High Cour...
ODISHA STATE FINANCIAL CORPORATION Vs. ODISHA STATE FINANCIAL CORPORATION EMPLOYEES UNION & ORS
of the Corporation were approved by the Board of Directors in its 368th meeting held on 18th June, 2012 but the administrative department in its meeting held on 10th August, 2016 did not approve the same. 8. The extract of the minutes of the meeting held under the Chairmanship of the Principal Secretary of the Governme...
1[ds]13. Indisputedly, as already observed, the recommendations were neither approved by the Administrative Department nor the Finance Department, Government of Orissa. In the given circumstances, the recommendations made by the Corporation/Board of Directors to implement the ORSP Rules, 2008 to the employees of the Co...
1
2,031
281
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: of the Corporation were approved by the Board of Directors in its 368th meeting held on 18th June, 2012 but the administra...
Sunil Dutt Vs. Union of India and Others
the basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19, 1980. The detenu made an incomplete representation on July 26, 1980-incomplete because copies of documents referred to in the grounds were served on him on August 4, 1980. The detention was confirmed by the Cen...
1[ds]5. It was not disputed before me that along with the grounds of detention which were served on the detenu on July 11, 1980, none of the documents, either relied upon or referred to in the grounds, were served upon him. Admittedly, the service of such documents was delayed up to July 19, 1980. It is obvious that th...
1
1,270
682
### 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 basis of which the grounds of detention were made out, were served upon the detenu as late as on July 19,...
Rampal Singh Vs. Kr. Satyavir & Another
the place where the accounts were kept. Sharmas story was that Gupta gave original parchas or chits signed by Rampal Singh of which he made a note. He showed that note to Khanna and respondent No. 1. Khanna directed him to get the original chits. He approached Gupta who expressed his inability to give the original to h...
1[ds]8. The above evidence relating to the disappearance of the original chits for the material period which, it is alleged, bore the signatures of the appellant in the manner deposed to by Khanna creates a good deal of doubt in our mind about the soundness of the conclusion of the learned Judge which was based mainly ...
1
3,452
536
### 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 place where the accounts were kept. Sharmas story was that Gupta gave original parchas or chi...
Seth Sheo Prasad (Decd., By His Legal Representatives) Vs. State of Uttar Pradesh and Others
SHAH, J. 1. A firm styled "Lallamal Hardeo Das Cotton Spinning Mills Company", hereinafter called the "firm", commenced at Hathras the business of manufacturing cotton yarn in a factory owned by it. Tn 1944 a partner of the firm filed a suit in the Court of the Civil Judge, Agra, for dissolution of the partnership and ...
1[ds].We do not propose to consider at this stage whether in the circumstances of the case any distinction existed between the liability of the appellant and of the other partners who were absolved by orders of the court to pay tax assessed against the firm. It may be recalled that a suit initially a court receiver was...
1
1,021
292
### 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: SHAH, J. 1. A firm styled "Lallamal Hardeo Das Cotton Spinning Mills Company", hereinafter called the "...
Eregowda Vs. Divisional Manager, United India Insurance Co. Ltd. and Ors
1. Leave granted. The challenge in this appeal is to an order of the High Court of Karnataka dated 20th July, 2010 passed in M.F.A. No. 9946 of 2005 by which the claim of higher compensation made by the Appellant was rejected and the compensation awarded by the Workmens Compensation Commissioner and Labour Officer, Dai...
1[ds]4. We have heard Shri V.N. Raghupathy, learned Counsel for the Appellant. There is none to oppose the present appeal5. We have perused the medical evidence on record. Having regard to the same and the nature and extent of the injuries suffered which have been extracted above we are of the view that the Appellant w...
1
362
103
### 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: 1. Leave granted. The challenge in this appeal is to an order of the High Court of Karnataka dated 20th...
MOHD RASHID Vs. THE DIRECTOR LOCAL BODIES NEW SECRETARIAT THE DIRECTOR
the post of Admn. Officer/AA&C (2016) was held as under: table (v) The promotion to the post of Admn. Officer/AA&C (2017) was held as under: table (vi) That at present details of Vacancy position of Administrative Officer/AA&C in all three Corporations under Promotion Quota as on 01.07.2019 is as under, which is dealt ...
0[ds]11. From the above information placed on record, we find that the Recruitment Rules providing 50% quota to be filled up by promotion failing which by direct recruitment and another 50% by deputation quota failing which by direct recruitment are being followed by the Municipal Bodies12. The appellants who are aspir...
0
1,792
612
### 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 post of Admn. Officer/AA&C (2016) was held as under: table (v) The promotion to the post of Admn. Officer/AA&C (2017) ...
Tata Cellular Vs. Union of India
There were no strictures against the holding of this company by the name Sterling Computers Ltd. in M&N this Court and the strictures were only against MTNL and United India Periodicals Pvt. Ltd. (UPI) and United Database (India) Pvt. Ltd. (UDI). M/s. Sterling Computers Ltd. had got associated with UPI/UDI in getting a...
1[ds]19. The second ground of attack is bias. In that, Mr. B. R. Nair, Member of production in the Telecom Commission, who was appointed as Member (Service onparticipated. From the Adviser the file was to Member (Service). The note of Mr. Nair is datedHe agreed with the recommendation of TEC that four firms which had s...
1
30,799
3,452
### 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: There were no strictures against the holding of this company by the name Sterling Computers Ltd. in M&N this...
M/s. TBEA Shenyang Transformers Group Co. Ltd Vs. M/s. Alstom Projects India Ltd
Anil R. Dave, J. 1. This is a petition under the provisions of Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as “the Act”). 2. By virtue of this petition, the petitioner company, incorporated in Republic of China, has prayed that an Arbitrator be appointed so as to arbitrate the d...
1[ds]10. Upon hearing the learned counsel for the parties and going through the provisions of the contract, I am of the view, that there is a dispute between the parties which requires to be resolved by an Arbitrator under the provisions of the Act.11. There is no dispute to the effect that there is a clause with regar...
1
1,042
192
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: Anil R. Dave, J. 1. This is a petition under the provisions of Section 11(6) of the Arbitration and Concilia...
New Era Agencies (Pvt.) Ltd., Bombay Vs. Commissioner Of Income-Tax, Bombay City 1,Bombay
the four items, viz, relinquishment of Managing Agency. He paid the amount to the Managing Agents Chidambaram Mulraj and Co. Ltd. Deducting the amount of Rs. l0 lakhs from the total consideration of Rs. 45 lakhs, the balance of Rs. 35 lakhs was distributed by Mulraj Kersondas among the 25,000 ordinary shares and 10,000...
0[ds]In our opinion there is no justification for the argument put forward on behalf of the appellant. It is admitted that the appellant is a dealer in shares and that it had actually dealt with the shares of Elphinstone Mills during Its business from the years 1943 to 1948. The appellant had carried forward the profit...
0
3,863
1,818
### 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 four items, viz, relinquishment of Managing Agency. He paid the amount to the Managing Agents Chidambara...
Kalyan Municipal Council Vs. Usha Paper Products Pvt. Ltd.
said Act are in pari materia. As far as the question raised before us is concerned, the provisions of section 82, sub-section (3), of the Bombay Municipal Boroughs Act are in pari materia with the provisions of section 123(3) of the said Act. The Full Bench of the Bombay High Court in that case came to the conclusion t...
0[ds]The aforesaid statement, in the judgment of this court, clearly shows that the decision of the Full Bench of the Bombay High Court in Sholapur Municipal Corporation v. Ramchandra Ramappa Madgundi [1972] 74 Bom LR 469, was approved by this court. The decision of the aforesaid Bench of this court is binding on us an...
0
1,845
568
### 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: said Act are in pari materia. As far as the question raised before us is concerned, the provisions of sectio...
Rhone-Poulenc (India) Limited Vs. State of Uttar Pradesh and Others
service along with consequential benefits. The plea of respondent No. 3 that the transfer order had been issued by an incompetent authority and, therefore, the non-compliance thereof cannot be treated as misconduct was accepted. It was noticed in the award that the appellant did not produce any material to prove that t...
1[ds]What consequential benefits respondent No. 3 would be entitled to was not the subject matter of the writ petitions before the High Court. According to the appellant, respondent No. 3 is not entitled to the benefits under the settlement whereas respondent No. 3 claims such benefits. This question may have to be adj...
1
1,430
159
### 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: service along with consequential benefits. The plea of respondent No. 3 that the transfer order had been issued by an inco...
Mir Muzafaruddin Khan and Three Others Vs. Syed Arifuddin Khan and Others
Ali Khan son of Syed Muzaffuruddin Khan and that the latter had accepted and taken possession of the property gifted on behalf of the minor. The memorandum had been executed by way of a declaration and recital of "past facts". D.W. 1 Asmuthunissa Begam supported the version about the gift having been made. Other witnes...
0[ds]4. We do not consider it necessary to refer to the other points as well as the properties which were in dispute before the courts below5. The gift is alleged to have been made orally on July 25, 1952, by Syed Zainulabudin Khan in favour of defendant No. 4 between 4 to 5 p.m. Certain witnesses, namely, Mir Raza Ali...
0
2,067
1,281
### 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: Ali Khan son of Syed Muzaffuruddin Khan and that the latter had accepted and taken possession of the property gift...
Hasmat Rai & Anr Vs. Raghunath Prasad
portion of the building in which he can start his business as Chemists and Druggists he is not entitled to an inch of an extra space under Section 12(1)(f) of the Act. 18. Respondent-landlord also sought possession on the ground set out in Section 12(1)(h) which reads as under :That the accommodation is required bona f...
1[ds]10. Section 12 starts with a non obstante clause thereby curtailing the right of the landlord to seek eviction of the tenant which he might have under any other law and the right of eviction is made subject to the overriding provision of Section 12. It is thus an enabling section. In order to avail of the benefit ...
1
6,255
2,456
### 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: portion of the building in which he can start his business as Chemists and Druggists he is not entitled to an inc...
Jugalkishore Saraf Vs. Raw Cotton Co. Ltd
Bom. 691) and also in Bhagwant Balajirao and others v. Rajaram Sajnaji & others(A.I.R. 1947 Bom 157) appears to have been the only justification for making the application in the manner which the respondents did. That defect however according to the very same decision in Bhagwant Balajirao and others v. Rajaram Sajnaji...
0[ds]It is quite plain that if .Order XXI, rule 16 is thus construed the respondent company cannot possibly contend that the decree now sought to be executed by them was, after its passing, transferred to them by an assignment in writing within the meaning of that rule, for the document in question was executed on the ...
0
22,380
2,857
### 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: Bom. 691) and also in Bhagwant Balajirao and others v. Rajaram Sajnaji & others(A.I.R. 1947 Bom 157) ap...
PARADEEP PHOSPHATES LIMITED Vs. STATE OF ORISSA
any material terms of service. Section 9A of the Act is a provision in consonance with the Constitutional mandate which assures the protection of principles of natural justice i.e., no one shall be condemned unless heard. For the guidance, legislature prescribed the Fourth Schedule and it is clearly mentioned in Sectio...
0[ds]At the first sight of the provision, prima facie, it appears that the employer is bound to give minimum 21notice to the employee if employer intends to change any material terms of service. Section 9A of the Act is a provision in consonance with the Constitutional mandate which assures the protection of principles...
0
2,717
646
### 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: any material terms of service. Section 9A of the Act is a provision in consonance with the Constitutional man...
Vasudev Gopalkrishna Tamwekar Vs. The Board Of Liquidators Happyhome Co-Operative Housing So
the appellant was a tenant of the Society, and relief for possession of the premises was claimed on that footing, the arbitrators had no jurisdiction to grant relief for possession. But there is no warrant for the submission that the Society claimed before the arbitrators that the appellant was a tenant and on that bas...
0[ds]In our opinion, the High Court is entirely correct in taking the view that that was a mere description, or misdescription, of the appellant and that, in law, the appellant could not claim that relationship of landlord and tenant had been created by virtue of the agreement, the terms of which have been referred to ...
0
4,971
1,021
### 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 appellant was a tenant of the Society, and relief for possession of the premises was claimed on tha...
Manubhai Nandlal Amorsey Vs. Popatlal Manilal Joshi and Ors
sufficient if the particulars are ordered to be furnished within a reasonable time before the commencement of the trial."Section 83 (3) has been repealed and is now replaced by section 86 (5) which forbids any amendment introducing particulars of a corrupt practice not previously alleged in the petition. Assuming that ...
1[ds]6. According to respondent No. 1 Shambhu Maharaj committed corrupt practice it election meetings held at Ikbalgadh where P. W. 9 was present, Amirgadh where P. W. 4 was present and at Wav where one Chotaji Bhattji was present and that he came to know of the corrupt practices from those persons. All the meetings ar...
1
2,429
1,630
### 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: sufficient if the particulars are ordered to be furnished within a reasonable time before the commencement of...
Meeta Sahai Vs. State of Bihar and Ors
the system and cause interpretative chaos which would undermine the fair and just right to compete for public employment. 27. Further, if faced between a choice in which only a few people would be eligible versus a fairly large group, we feel that the latter ought to be adopted to have a diverse pool of applicants. Thi...
1[ds]The underlying objective of this principle is to prevent candidates from trying another shot at consideration, and to avoid an impasse wherein every disgruntled candidate, having failed the selection, challenges it in the hope of getting a second chance18. However, we must differentiate from this principle insofar...
1
5,135
1,769
### 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 system and cause interpretative chaos which would undermine the fair and just right to compete for public empl...
U.P. State Electricity Board Vs. Upper Jamuna Valley Electri.Sup.Co
the provisions of Articles 19(1)(f) and 31 stood at the relevant time. Articles 19(1)(f) and 31 were deleted later; but that does not affect the constitutional position with reference to which the present cases would require to be decided." * Thus, in this case this Court proceeded on the basis that Articles 19(1)(f) a...
1[ds]16. We have considered the submissions of Dr. Singhvi undoubtedly, the law which is to prevail is the law which was prevailing on the date of take over, i.e., 28th of June, 1964. It is also clear that on that day the Constitutionh Amendment) Act had not been enacted and Article 31(c) was not there. Undoubtedly, in...
1
6,718
1,174
### 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 provisions of Articles 19(1)(f) and 31 stood at the relevant time. Articles 19(1)(f) and 31 were deleted ...
Hindustan Lever Limited Vs. Commissioner of Income Tax
receivable by any person against exports; and (iii-c) speaks of duty of customs which is not the case here. This argument can be described in the language of Lord Greene, M.R. in the case of Henriksen v. Grafton Hotel Ltd. ((1942) 24 TC 453 (TC at p. 460) as an attempt to rescue the case from shipwreck. Unfortunately, ...
0[ds]10. In the instant case, the immediate source of the profit is sale of goods. The export of other goods is not even the second degree but it has to be traced to an even more remote degree. The import was of palm oil. The import was possible because of earlier export of goods at loss. In the chain of sequence the e...
0
2,135
79
### 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: receivable by any person against exports; and (iii-c) speaks of duty of customs which is not the case here. This argument...
Harpal Singh @ Chhota Vs. State Of Punjab
to the cell phones involved including those, amongst others recovered from the accused persons, the prosecution has failed to adduce a certificate relatable thereto as required under Section 65B(4) of the Act. Though the High Court, in its impugned judgment, while dwelling on this aspect, has dismissed the plea of inad...
0[ds]12. Be that as it may, on an overall assessment of the entire gamut of evidence, we are of the comprehension that the charges against the accused persons including the appellants stand proved beyond reasonable doubt even sans the call details. To reiterate, the gravamen of the imputations levelled against them is ...
0
10,635
288
### 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: to the cell phones involved including those, amongst others recovered from the accused persons, the prosecution has faile...
State of Orissa & Ors Vs. Sakhi Bewa (Dead) Through LRs
land of which the possession has been taken over. Therefore, before declaring the proceedings as having abated in view of Sections 3 and 4 of the Repeal Act, 1999, it has to be considered and decided whether possession of the surplus land/land has been taken over by the State Government or any person duly authorised by...
1[ds]4. Having heard the learned counsel appearing for the respective parties and having gone through and considered the impugned judgment and order passed by the Division Bench of the High Court and chronological dates and events narrated hereinabove, we are of the opinion that the impugned judgment and order passed b...
1
3,071
1,192
### 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: land of which the possession has been taken over. Therefore, before declaring the proceedings as having abate...
Parvej Aktar Vs. Union Of India
alike. In other words, equals must be treated alike, in like circumstances and conditions. Undoubtedly, the handloom sector forms a distinguishable class separated from powerloom sector or mills sector. The reservation of certain articles for exclusive production in the handloom sector has the objective of protecting t...
0[ds]42. Therefore, where the Cotton Textile Control Order deals with the productions while the impugned Act is an Act which deals entirely with handloom. The order issued under Section 3of the Act is only for protection and development of handloom industry. There is no question of both the Cotton Textile Control Order...
0
8,957
2,804
### 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: alike. In other words, equals must be treated alike, in like circumstances and conditions. Undoubtedly,...
Commissioner Central Excise, Mumbai-III Vs. M/s. EMCO Ltd
6 SCC 52 ), the Court took note of few more decisions, including the case of Escorts JCB Ltd., and reiterated the aforesaid principles but at the same time also emphasizing that the place of removal depends on the facts of each case.14) In a recent decision of this Court in Commissioner, Customs and Central Excise, Aur...
1[ds]18) The perfunctory manner in which the appeal of the assessee is allowed, cannot be countenanced. If the Tribunal was confirming the decision of the Authority below, may be detailed discussion was not required as the reasons given in detail could be found in the order appealed against, though even in such a case ...
1
4,599
1,134
### 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: 6 SCC 52 ), the Court took note of few more decisions, including the case of Escorts JCB Ltd., and reiterated the aforesaid ...
Uco Bank Vs. Official Liquidator, High Court
is as under "529. Application of insolvency rules in winding up of insolvent companies. - (1) In the winding up of an insolvent company, the same rues shall prevail and be observed with regard to - (a) debts provable; (b) the valuation of annuities and future and contingent liabilities; and (c) the respective rights of...
0[ds]5. The proviso to(1) of Section 529 inserted by the Amending Act clearly provides that "the security of every secured creditor shall be deemed to be subject to a pari passu charge in favour of the workmen." The effect of the proviso is to create, by statute, a charge pari passu in favour of the workmen on every se...
0
1,559
552
### 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: is as under "529. Application of insolvency rules in winding up of insolvent companies. - (1) In the winding...
State Of Haryana Vs. Darshana Devi & Ors
Krishna Iyer, J.1. We refuse leave but with a message tag.2. The poor shall not be priced out of the Justice market by insistence on court-fee and refusal to apply the exemptive provisions of Order XXXIII, CPC. So we are distressed that the State of Haryana, mindless of the mandate of equal justice to the indigent unde...
0[ds]5. Two principles are involved. Access to court is an aspect of social justice and the State has no rational litigation policy if it forgets this fundamental.The second principle the State of Haryana has unhappily failed to remember is its duty under Article 41 of the Constitution to render public assistance, with...
0
943
346
### 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: Krishna Iyer, J.1. We refuse leave but with a message tag.2. The poor shall not be priced out of the Justice mark...
Vinita Saxena Vs. Pankaj Pandit
from a Hindu wedlock is one of the principal aim of Hindu Marriage where sanskar of marriage is advised for progeny and offspring. This view was taken in AIR 1991 MP 205 . This Court in Digvijay Singh vs. Pratap Kumari, AIR 1970 SC 137 has held as follows "A party is impotent if his or her mental or physical condition ...
1[ds]22. In our view, the trial Court failed to appreciate the uncontroverted evidence of the appellant who had proved the case on every count. It has been established beyond doubt by the Medical doctors who had deposed as witnesses and brought the original medical record of the respondent that the respondent is suffer...
1
9,146
1,430
### 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: from a Hindu wedlock is one of the principal aim of Hindu Marriage where sanskar of marriage is advised for ...
Subhadra Vs. Narsaji Chenaji Marwadi
Shah, J.1. Plot No. 68 Town Planning Scheme No. 1 Jamalpur Ahmedabad, part of survey No. 405 Mouje Rajpur-Hirpur admeasuring approximately 38 Gunthas was owned by Bai Jekor and her two sisters. By a lease dated October 15, 1934, this plot of land was granted in lease by the owners in perpetuity to Gajjar Ramanlal Gordh...
0[ds]There is no dispute that Part II applied to the area in which the plot is situate; but before the appellant could maintain an application for fixation of standard rent under S. 11, she had to establish that the plot of land issued was "premises" within the meaning of S. 5 (8) of the Act and that it was let for res...
0
1,000
254
### 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: Shah, J.1. Plot No. 68 Town Planning Scheme No. 1 Jamalpur Ahmedabad, part of survey No. 405 Mouje Rajpur-Hir...
THE STATE OF GUJARAT Vs. MANSUKHBHAI KANJIBHAI SHAH
public servant to achieve the purpose of punishing and curbing corruption among public servants. Hence, it would be inappropriate to limit the contents of the definition clause by a construction which would be against the spirit of the statute. Bearing in mind this principle, when we consider the case of the appellant,...
1[ds]22. There is no gainsaying that nations are built upon trust. It is inevitable that in a democracy one needs to rely on those with power and influence and to trust them of being transparent and fair. There is no doubt that any action which is driven by the self- interest of these powerful individuals, rather than ...
1
7,121
1,870
### 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: public servant to achieve the purpose of punishing and curbing corruption among public servants. Henc...
Ram Dayal Vs. Narbada & Another
Mathew, J. 1. This is an appeal by special leave, from a decree of the High Court of Rajasthan passed in appeal by which it dismissed the suit for recovery of possession of the plaint property filed by the appellant. 2. One Ram Prasad was the owner of the property in question. He was not heard of by his wife Pani since...
0[ds]are also of the opinion that the value of the property in question is too small and that the question of law involved is not of such paramount public importance that we would be justified in entertaining the appeal. It has become imperative that no case be taken on the file of this Court which does not rise to the...
0
970
212
### 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: Mathew, J. 1. This is an appeal by special leave, from a decree of the High Court of Rajasthan passed in a...
State Of U.P Vs. Shyam Lal Sharma
inasmuch as the proposal for retirement was approved, therefore, there was approval of the letter dated 14 February, 1962 and that letter was the basis of the order of compulsory retirement.16. The letter dated 14 February, 1962 was in four paragraphs. The concluding paragraph contained a proposal for compulsory retire...
1[ds]14. The following propositions can be extracted from these decisions. First, in ascertaining whether the order of compulsory retirement is one of punishment it has to be ascertained whether in the order of compulsory retirement there was any element of charge or stigma or imputation or any implication of misbehavi...
1
2,697
706
### 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: inasmuch as the proposal for retirement was approved, therefore, there was approval of the letter dated 14 February, 1962 ...
Taranjeet Singh Mohan Singh Sawhny&Ors Vs. Dist. Dy.Registrar Coop.Societies
the writ petition, the appellants filed an application for interim stay. The learned Single Judge took cognizance of the assertion made in the writ petition that notice of preponement of the date of hearing was not served upon them, but refused to grant stay on the ground that the writ petition was filed after four mon...
1[ds]17. By producing xerox copies of the receipt of speed post and two communications dated 15.2.2013 sent by Senior Superintendent of Postth) to Ms. Pritha Dave, respondent No.3 has made an attempt to show that the appellants had been informed about the changed date of hearing, but we have not felt convinced. In the ...
1
3,376
483
### 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 writ petition, the appellants filed an application for interim stay. The learned Single Judge took ...
M/s. Gajendra Transport Private Limited Vs. Anamallias Bus Transport Private Limited & Another
after having done so consider the application or the representations in connection therewith in accordance with the procedure laid down in Section 57 of the Act:" Again in the case of R. Obliswami Naidu (1969) 1 SCR 730 this Court considered the submission in that case as whether the Regional Transport Authority could ...
1[ds]rs from the order of the Tribunal that according to it the Regional Transport Authority did not fix or revise the number of stage carriages for which permits might be granted on the route before taking up the applications for consideration and it was only at theof the applicationsthat he decided the need for an ad...
1
2,222
562
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: after having done so consider the application or the representations in connection therewith in a...
Union of India Vs. M/s. Pradeep Vinod Construction Co
take the view that the grant of pendente lite interest on the claim of Rs. 10,17,461/- is not justified. The award as well as the orders of the courts below are accordingly modified to the aforesaid extent."(emphasis is ours)Having examined various contractual clauses, as also, the contractual clause in the Tehri Hydro...
0[ds]Having given our thoughtful consideration to the contractual obligations entered into by the parties through clause 16, we have no reason to doubt, firstly, that the clause related exclusively to earnest money and security deposit. The above Clause did not relate to the other contractual obligations between the pa...
0
2,312
318
### 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: take the view that the grant of pendente lite interest on the claim of Rs. 10,17,461/- is not justified. The award as well a...
M/S. Skb Dry Fruits Mkt. Co. Pvt. Ltd Vs. Commnr. Of Central Excise, New Delhi
The appellant carries out the activities of processing dry fruits, peanut and are also carrying out activities of clearance of wheat dalia, rice flips, roasted and spiced channa and channa dal which are being cleared in different pouches bearing brand name YumYum and SKB which are packed cartons. 2. Since the appellant...
0[ds]This Court entertained the appeal and issued notice only insofar as peanuts, pista, cashewnuts and almonds are concerned. The appeal was not entertained as regards other items. This appeal was ordered to be tagged with other connected appeals. Thus, the appeal was listed along with C.A.No.2215 of 2002 and other ap...
0
623
306
### 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 appellant carries out the activities of processing dry fruits, peanut and are also carrying out activiti...
Deokinandan Prasad Vs. State Of Bihar & Ors
Punj 1 approved the decision of the learned Judge. The Letters Pateat Bench held that the pension granted to a public servant on his retirement is "property within the meaning of Article 31 (1) of the Constitution and he could be deprived of the same only by an authority of law and that pension does not cease to be pro...
1[ds]17. The essential requirement for taking action under the said rule is that the Government servant should have been, continuously absent from duty for over five years. Under this rule it is immaterial whether absence from duty by the government servant was with or without leave so long as it is established that he...
1
9,215
1,060
### 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: Punj 1 approved the decision of the learned Judge. The Letters Pateat Bench held that the pension granted to a pub...
JAKIR MALI Vs. STATE OF RAJASTHAN
1. Leave granted. 2. In this appeal the appellant has questioned the legality and correctness of the order in D.B. Writ Review No.100/2017 dated 7.2.2018 whereby the High Court of Judicature for Rajasthan at Jodhpur has modified the directions contained in para 6 of its order dated 7.3.2017 passed in D.B. Civil Special...
1[ds]10. Having heard leaned counsel for the parties, we are of the view that the Division Bench was not justified in denying arrears of salary to the appellant. As noted above, the Learned Single Judge by order dated 27.11.2013 has taken into consideration the entire facts and circumstances of the case while directing...
1
752
183
### 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: 1. Leave granted. 2. In this appeal the appellant has questioned the legality and correctness of the order in...
INCOME TAX OFFICER WARD NO.16(2) Vs. M/S TECHSPAN INDIA PRIVATE LTD.(FORMERLY KNOWN AS M/S. TECHSPAN INDIA LTD.) THROUGH ITS MANAGING DIR
would have the consequence of conferring arbitrary powers on the assessing officer who may even initiate such re-assessment proceedings merely on his change of opinion on the basis of same facts and circumstances which has already been considered by him during the original assessment proceedings. Such could not be the ...
0[ds]Before interfering with the proposedof the assessment on the ground that the same is based only on a change in opinion, the court ought to verify whether the assessment earlier made has either expressly or by necessary implication expressed an opinion on a matter which is the basis of the alleged escapement of inc...
0
2,584
496
### 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: would have the consequence of conferring arbitrary powers on the assessing officer who may even initiate such...
Hindustan Steel Works Construction Ltd Vs. Limestone and Dolomite Mines Welfare and Cess Commissioner and Ors
1. The appellant herein, Hindustan Steelworks Construction Limited, is a company owned by the Government of India. It owns mines from which limestone is extracted. It is the case of the appellant that it is using such limestone in the construction work for expansion of Hindustan Steel Ltd., Bhilai Steel Plants, which i...
0[ds]3. A number of commodities/industries find covered in Sub-section (ii) of Section 3 and in almost all of them (leaving apart cement and chemicals) the use of limestone per se is not directly towards their manufacture. If it is ruled that no limestone is required for the manufacture of iron and steel in the context...
0
716
217
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: 1. The appellant herein, Hindustan Steelworks Construction Limited, is a company owned by the Government of...
S.M. Saiyad Vs. Baroda Municipal Corporation Baroda
period the appellant was litigating in the Civil Court was granted.2. Appellant was dismissed from the service of the respondent on December 12, 1969. After some litigation in the Civil Courts ultimately a reference was made to the Labour Court whether there was justification for the dismissal of the appellant from the...
1[ds]7. Appellant contended and in our opinion rightly that deduction at the rate of Rs 150 p.m. should not commence from the very day he was enrolled as an advocate because it is common knowledge that no one earns from the first day and therefore a reasonable period must be set apart from finding a footing in the prof...
1
1,082
122
### 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: period the appellant was litigating in the Civil Court was granted.2. Appellant was dismissed from the servi...
RAKESH KUMAR Vs. THE STATE OF BIHAR & ORS
It is open to the Court to grant extension and extension was granted by communication dated 20.02.2020 to join by April, 2020. The question that appears for our consideration is whether this is a case where, in the absence of a statutory prescription, in the circumstances which are projected to exist, the respondent-Hi...
1[ds]16. We would notice in the first place that there is no statutory provision which declares or commands that beyond a certain point of time, a selected candidate cannot be permitted to join. There is no provision pressed before us which is in the form of a statutory prescription. In other words, there is no law whi...
1
3,588
876
### 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 is open to the Court to grant extension and extension was granted by communication dated 20.02.2020 to joi...