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Union Of India Vs. Sri Sarada Mills Ltd
is ineffective. The reason is that a bare right of litigation cannot be assigned.......The only decision to the contrary is that of the Privy Council in King v. Victoria Insurance Co. Ltd., 1896 AC 250 which should not be followed." (see the argument at p. 108).The Court overruled the argument and held that the decisio...
0[ds]15. A chose in action for breach of contract was not assignable at law of contract was not assignment at law but was assignable at equity. A chose in action in tort was assignable neither in law nor in equity. A bare right of action is not assignable. When however the right of action is one of the incidents attach...
0
7,598
684
### 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: is ineffective. The reason is that a bare right of litigation cannot be assigned.......The only decision to the co...
E. J. Mathew Vs. State of Kerala
may be prescribed, the assessing authority may assess a dealer for any year as if his transactions in such year had been the same as in the previous year."Rule 6 of the Travancore General Sales Tax Rules, 1950, hereinafter called the Rules, was in these terms :Rule 6 : "The sale of any of the goods mentioned in items (...
0[ds]6. It is not necessary to discuss whether the above view expressed by the High Court is correct or not because we are of the opinion that the appellant has failed to show that thedealers or sellers from whom he had purchased tobacco could fall within the meaning of the following critical words of rule 6 : "by the ...
0
1,816
430
### 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: may be prescribed, the assessing authority may assess a dealer for any year as if his transactions in s...
M/s. Ganga Saran and Sons Private Limited Calcutta Vs. Income Tax Officer and Others
business of the Delhi Branch of the assessee and was rendering full time service to the assessee in that capacity, it is difficult to see how any one could reasonably come to the belief that the payment of remuneration made to him was sham and bogus. Surely, the Income Tax officer could not expect Deo Datt Sharma to de...
1[ds]s well settled as a result of several decisions of this Court that two distinct conditions must be satisfied before the Income Tax Offi cer can assume jurisdiction to issuenotice under section 147 (a). First, he must have reason to believe that the income of the assessee has escaped assessment and secondly, he mus...
1
3,870
1,620
### 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: business of the Delhi Branch of the assessee and was rendering full time service to the assessee in that capacity, it is d...
Yogiraj Charity Trust Vs. Commissioner of Income Tax, New Delhi
recent decision of this Court in Sole Trustee Loka Shikshana Trust v. Commissioner of Income Tax, Mysore(2). The Loka Shikshana Trust was engaged in the business of printing and publication of newspaper and journals and the further fact that the activity yielded profit and there were no restrictions on the trust earnin...
0[ds]This Court in East India Industries (Madras) Private Limited v. C.I.T.(1) found that one of the objects of the t rust was not for charitable or religious purposes. The object was to manufacture, buy, sell and distribute a pharmaceutical medicinal, chemical and other preparations. The other objects were charitable ...
0
3,287
349
### 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: recent decision of this Court in Sole Trustee Loka Shikshana Trust v. Commissioner of Income Tax, Mysore(2). The Loka Shiksh...
Consortium Of Titagarh Firema Adler S.P.A.- Titagarh Wagons Ltd, Through Authorised Signatory Titaga Vs. Nagpur Metro Rail Corporation Ltd
all necessary and essential decisions and functions for the subsidiaries as well. According to the 1st respondent, the term "Government owned entity" would include a government owned entity and its subsidiaries and there can be no matter of doubt that the identity of the entities as belonging to the Government when est...
0[ds]23. As the uncurtained facts would reveal, on 17.02.2016 the appellant wrote to the 1st respondent seeking amendment to the "operation performance clause", i.e., Clause 12.1 of the Annexure III-A (PQ-Initial Filter). According to the said Clause, the bidder is required to have satisfactorily delivered at least 30 ...
0
10,521
1,382
### 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: all necessary and essential decisions and functions for the subsidiaries as well. According to the 1st respondent, the ter...
THE KARAD URBAN COOPERATIVE BANK LTD Vs. SWWAPNIL BHINGARDEVAY & ORS
total pay-out as per the Resolution Plan is Rs. 29.74 crores. 37. This meant that the workers and employees of the corporate debtor were to be paid 100% of their dues; that all statutory dues would be cleared 100% and that the financial creditors who constituted the CoC were to be paid 60% of their dues. 38. It offends...
1[ds]On the first question regarding the viability and feasibility of a resolution plan, the law is now well-settled. In K. Sashidhar (supra), it was held as follows:(i) There is an intrinsic assumption that financial creditors are fully informed about the viability of the corporate debtor and feasibility of the propos...
1
5,608
3,359
### 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: total pay-out as per the Resolution Plan is Rs. 29.74 crores. 37. This meant that the workers and employee...
M/S MAGMA FINCORP LTD.(FORMERLY MAGMA LEASING LIMITED) Vs. RAJESH KUMAR TIWARI
the possession of the vehicle by use of force. The guidelines which had been laid down by Reserve Bank of India as well as the appellant Bank itself, it fact, support and make a virtue of such conduct. If any action is taken for recovery in violation of such guidelines or the principles as laid down by this Court, such...
1[ds]27. As observed above, deficiency has been defined in Section 2(1)(g) set out herein above, as any fault, imperfection or shortcoming or inadequacy in the quality, nature or manner of performance which is required to be maintained by or under any law, for the time being in force, or undertaken to be performed by a...
1
17,918
5,748
### 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 possession of the vehicle by use of force. The guidelines which had been laid down by Reserve Bank of ...
HARISH CHANDRA SHRIVASTAVA Vs. THE STATE OF BIHAR AND OTHERS
teachers as on the cut--off date i.e. 01st June, 1986 and on the conjoint reading of Section 6(2) of the Act 1985 read with notification dated 09th December, 1986, the State Government made its intention clear that as the decision has been taken to absorb the employee/teacher of the private Ayurvedic college as on 01st...
1[ds]19. It is not disputed that each of the appellants was holding the essential academic qualifications prescribed for teaching staff as on the date of their initial appointment in the year 1978--1979 in the private Ayurvedic College and were serving the institution when the Act, 1985 came into force on 07th August, ...
1
4,339
1,441
### 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: teachers as on the cut--off date i.e. 01st June, 1986 and on the conjoint reading of Section 6(2) of th...
Chikkamma & Another Vs. Parvathamma & Another
1. Leave granted.2. We have heard the learned counsels for the parties.3. The only issue that would require the decision of this Court is on the quantum of compensation that should be awarded to the appellants, who were the claimants in a proceeding under the Motor Vehicles Act, 1988. Compensation was sought on account...
1[ds]6. While the issue with regard to adoption of the age of the deceased or that of the dependent for picking up an approximate multiplier, in a case where the deceased was a bachelor is pending before a larger Bench of this Court, we are of the view that in the facts of the present case, as the deceased had left his...
1
593
319
### 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: 1. Leave granted.2. We have heard the learned counsels for the parties.3. The only issue that would require the decision of...
Commissioner of Income Tax, Central, Calcutta Vs. National Taj Traders
statute which contain machinery provisions and by no stretch could s. 33B be regarded as a charging provision. As regards aspect (c) we have already pointed out above that a casus omissus has not to be readily inferred and it could not be inferred from the mere fact that both ss. 33B and 34(3) together with the second ...
1[ds]Having regard to the above discussion we are clearly of opinion that the view taken by the Bombay High Court in Solankis case [1960] 39 ITR 522 , on the construction ofsubs.(2)(b) of s. 33B is correct and we approve of it. In Sabitri Devi Agarwallas case [1970] 77 ITR 934, the Assam High Court took a contrary vie...
1
5,874
915
### 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: statute which contain machinery provisions and by no stretch could s. 33B be regarded as a charging provisi...
M.C.D Vs. Shashnak Steel Industries (P) Ltd
keep in mind the purpose of the Deed in question. What was demised was an industrial plot. Initially, the lessee - Mohan Co-operative Industrial Estate Ltd. was given the authority to sub-lease the industrial plot on such premium and yearly rent as may be fixed by the lessor. Mohan Co-operative Industrial Estate Ltd. w...
0[ds]In this case great emphasis is placed by the Corporation on the fact that the sub-lessee was required to pay a sum of Rs.16093.60 as premium in addition to rent which according to the Corporation indicated purchase of leasehold rights. According to the Corporation on purchase of leasehold rights the sub-lessee bec...
0
4,911
928
### 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: keep in mind the purpose of the Deed in question. What was demised was an industrial plot. Initially, the lessee - Mohan C...
Commissioner of Income Tax, Delhi and Rajasthan Vs. Webbing and Belting Factory Private Limited
the manufactured cloth through the canvassing agents of the Common-wealth Trust Limited, but without the labels of the said Trusts. This is apparent from a letter produced before me in which the Common-wealth Trust Limited agreed to sell the goods through its canvassers. I also find that the production of handloom clot...
1[ds]6. On going through the correspondence, I find that the goods produced by the Bela Road factory were completed except to the extent that they were not bleached by the regular bleaching plant but by local dhobis etc., and as the local dhobis were not able to do expert work, the assessee chose to sell all the manufa...
1
2,653
609
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: the manufactured cloth through the canvassing agents of the Common-wealth Trust Limited, but without the labels of the sai...
Gangabai W/O Rambilas Gilda Vs. Chhabubai W/O Pukharajji Gandhi
laid down that a Court of Small Causes could be described as a court of "preferential jurisdiction" but not as court of "exclusive jurisdiction". It was also held by the Full Bench that a decision rendered by a Court of Small Causes in a suit for arrears of rent would not operate as res judicata in a subsequent suit fi...
0[ds]The High Court repelled the plea of res judicata on the ground that s. 11 of theCode of Civil Procedure govern ed the case, and that as a Court of Small Causes is not competent to try a suit for a declaration of title to immovable property, the court which passed the decrees relied on by the appellant was not comp...
0
2,698
996
### 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: laid down that a Court of Small Causes could be described as a court of "preferential jurisdiction" but not as court of "e...
M.V. SUBRAMANYA Vs. NEW INDIA ASSURANCE CO. LTD. AND OTHERS
S.N. Variava and H.K. Sema, JJ. 1. This appeal is against an order passed by the High Court of Karnataka dismissing the review petition. 2. Briefly stated the facts are: On 6.11.1986 an accident took place. The claimants filed a claim before the Motor Accidents Claims Tribunal. The insurance company disputed the claim,...
1[ds]4. We see absolutely no substance in this appeal. If a party has in its custody or possession a document which is relevant, it is the duty of that party to produce the document at the very first stage. Appellant could not deny that the policy was always with him. There was nothing which prevented him from producin...
1
484
183
### 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: S.N. Variava and H.K. Sema, JJ. 1. This appeal is against an order passed by the High Court of Karnataka dismissing the re...
Smita Conductors Ltd Vs. Euro Alloys Ltd
enquiry so as to cover the policy of other countries, that is, the country whose law governs the contract or the country of the place of the arbitration. In the absence of a definition of the expression `public policy, it is construed to mean the doctrine of public policy as applied by the Courts in which the foreign a...
0[ds]10. In the light of this decision, we are firmly of the view that the appellant cannot be any longer challenge the existence of an arbitration agreement between the partiesandsuch an agreement was not covered by the New York ConventionThe arbitrators were of the opinion that the force majeure clause had no limitat...
0
5,845
491
### 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: enquiry so as to cover the policy of other countries, that is, the country whose law governs the contract or the country ...
Aditya Kumar Singh Vs. Principal, Rajendra Medical College, Ranchi & Others
the certificate as directed by the High Court in the previous decision and the Counsel added that if that had been done the appellant would not have found it necessary to have found it necessary to have resort to the present writ proceedings. 6. This submission ignores the fact that the Principal had actually complied ...
0[ds]This submission is unacceptable.To begin with in the earlier petition only the Principal of the Rajendra Medical College and the State of Bihar were impleaded as parties. It is unfortunate that in those proceedings the respondents did not file anyt and the Principal of the College was not even represented by a cou...
0
4,363
628
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the certificate as directed by the High Court in the previous decision and the Counsel added that if that had bee...
M.V. Kuriakose Vs. The State Of Kerala And Others
of the Industria l Disputes Act (14 of 1947) on 6th April 1971. The subject matter of the dispute was widely stated so as to embrace "all questions relating to" wage structure, the ratio between the higher and lower grades, the nature of duties and responsibilities attached to each category, and methods to be adopted f...
0[ds], therefore, been decided that all existing vacancies upto Assistant Chargemen in the Mechanical Wing will be filled up as was being done in the past. The Minister, however, pointed out that comprehensive schemes of test, with due importance on the practical Side, will be introduced for all categories of employees...
0
1,558
852
### 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 Industria l Disputes Act (14 of 1947) on 6th April 1971. The subject matter of the dispute was widely stated so as ...
Stridewell Leathers (P) Vs. Bhankerpur Simbhaoli Beverages (P) Ltd
making the order. We have no doubt that the forum of appeal indicated in Section 10-F is a definite forum determined by the provisions of the Act and not by the Regulations framed by the Company Law Board under Section 10-E(6) or the place of its sitting under the Regulations. These Regulations framed by the Company La...
1[ds]10. There can be no doubt that in case the forum of appeal was indicated in Sectionby use of the expression "the Court" instead of "the High Court" then by virtue of the definition of the expression "the Court" in Section 2(11), the court concerned would have to be determined as provided in Section 10 but there ma...
1
4,636
1,727
### 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: making the order. We have no doubt that the forum of appeal indicated in Section 10-F is a definite forum de...
MANAGEMENT OF THE BARARA COOPERATIVE MARKETING CUM PROCESSING SOCIETY LTD Vs. WORKMAN PRATAP SINGH
therein that since the appellant has recently regularized the services of two peons on 01.01.1992 vide their resolution dated 02.08.1993, therefore, he has become entitled to claim re­employment in the appellants services in terms of Section 25 (H) of the Industrial Disputes Act, 1947 (hereinafter referred to as “the I...
1[ds]14. In our considered opinion, there was no case made out by the respondent (workman) seekingemployment in theservices on the basis of Section 25 (H) of the ID Act.15. In the first place, the respondent having accepted the compensation awarded to him in lieu of his right of reinstatement in service, the said issue...
1
1,403
705
### 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: therein that since the appellant has recently regularized the services of two peons on 01.01.1992 vide their resolution da...
HAV (OFC) RWMWI BORGOYARY Vs. UNION OF INDIA
NCOs from AIG (FD), AIG (CB), AIG (ADO) and TIFC (AD & FD) category or Clk/ SKsT Grade-I with five years experience in accounting/ holding of Army Eqpt/ Stores. 7. It was further contended on behalf of the Respondent that the qualification of TIFC (AD & FD) which is acquired only after selection for the course and a te...
0[ds]11. We have examined the submissions made by learned counsel and we are of the considered opinion that the Appellants are not entitled to the relief claimed. There is no merit in the submission made by the learned counsel for the Appellants that the Army Order Nos.84 and 85 issued on 12.10.1974 have to be followed...
0
1,708
410
### 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: NCOs from AIG (FD), AIG (CB), AIG (ADO) and TIFC (AD & FD) category or Clk/ SKsT Grade-I with five years e...
Ratna Sugar Mills Co. Ltd Vs. State Of U.P. And Others
securing successful implementation of the Second Five Year Plan, it has become necessary to augment the revenues of the State. The Agricultural Income Tax Act, which was enacted at a time when zamindari system was in force, has become out of date in the context of post war zamindari era. The principle of social justice...
0[ds]The land in dispute is shown to be Banjar land in the revenue records. Although the appellant acquired the land in 1951 for the purpose of setting up a factory, somehow the factory could not be set up and the land remained uncultivated. The appellant holds the land as a sirdr. An application was filed by the appel...
0
1,969
477
### 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: securing successful implementation of the Second Five Year Plan, it has become necessary to augment t...
Commr. of Income Tax, Bombay South, Bombay Vs. Kirloskar Bros. Ltd
Das, J.1. The question referred by the Income-tax Appellate Tribunal for the opinion of the Bombay High Court was as follows :-- "Whether on the facts of the case, income, profits and gains in respect of sales made to Government of India was received in British India within the meaning of Section 4(1)(a) of the Act ?"2...
1[ds]4. Learned counsel on either side did not suggest that the differences noted above would make any difference in the answer to the referred question which is the same as in the other appeal. That being the position, this case is governed by the judgment which has just been pronounced by us in the other appeal. We a...
1
309
112
### 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: Das, J.1. The question referred by the Income-tax Appellate Tribunal for the opinion of the Bombay High Court was as foll...
STATE OF KARNATAKA Vs. Y. MOIDEEN KUNHI (D) BY LRS. & ORS.
income of such person or family from such source. As we have already referred to, Section 79-B deals with prohibition of holding agricultural land by certain persons beyond a specified limit. Sub- clause (1) (a) provides that no person other than a person cultivating land personally shall be entitled to hold land. The ...
1[ds]From the judgment of the Review Court, we find that point was taken by the State that the estate was purchased by a firm but declaration of holding under Section 66 was given by three individuals. But the Review Court did not find any flaw in such exercise being undertaken by the individual declarants. On the othe...
1
4,692
694
### 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: income of such person or family from such source. As we have already referred to, Section 79-B deals with prohibit...
Addanki Tiruvenkata Thata Desika Charyulu Vs. State Of Andhra Pradesh & Anr
strictly open to the aggrieved party ........ The aggrieved party will have a right of suit as he would have a good cause of action when proceedings are taken under colour of an Act which does not apply to the facts of the case."This correctly expresses the distinction between the two related questions and the effect o...
0[ds]7. It would be convenient to take up first the question whether the Shrotriem is an estate within the scope of the Rent reduction Act and this would turn upon the provisions of that enactment. The preamble to the Rent Reduction Act specifies, inter alia, that it was an Act to provide for the reduction of rents pay...
0
9,058
3,786
### 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: strictly open to the aggrieved party ........ The aggrieved party will have a right of suit as he would hav...
Kundla Press And Oil Mill Pvt. Ltd Vs. State Of Gujarat
in the year 1982.4. It appears that, in the meanwhile, the Savarkundla Municipality issued two notices to the appellant company in the year 1976 asking the appellant company to handover the land to the Municipality. A dispute arose since the company did not handover the possession of the leased property. Thereafter, th...
0[ds]9. A bare perusal of the aforesaid section makes it very clear that the Municipality has no authority to grant a lease for a period exceeding 10 years without prior permission of the StateGovernment. In the present case, the State Government had only granted permission to lease the land till the year 2012. Therefo...
0
1,347
309
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: in the year 1982.4. It appears that, in the meanwhile, the Savarkundla Municipality issued two notice...
Arati Bezbaruah Vs. Dy Director Gen.Geo.Survey Of India &Anr
fatal accident on 13th November, 1990 while he was proceeding on a scooter whence a jeep bearing registration No. MLK-5548 dashed against it. The claimant claimed compensation for a sum of Rs. 27,46,000/- before the Motor Accidents Claims Tribunal. The Tribunal, however, having regard to the deceaseds salary which at t...
1[ds]9. We are of the opinion that the amount of interest should, having regard to the facts and circumstances of the case, be paid at the rate of 9% per annum.10. The structured formula base has been set out in the Second Schedule to the Motor Vehicles Act.The victim at the relevant time was 40 years of age. The Tribu...
1
1,250
243
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: fatal accident on 13th November, 1990 while he was proceeding on a scooter whence a jeep bearing registration No. MLK-5548...
Dollar Company, Madras Vs. Collector Of Madras
surmises floating in mid-air, particularly where the party who urges these feathery likelihoods stood mute at the trial stage. He failed to speak only to become a martyr for silence.9. Sri Natesan switched on to the prices of other lands in the locality to overcome the self-created obstacle of his clients purchase. Thi...
0[ds]7. Property valuation as a practised art is greatly influenced by legal and economic constraints. But, in this case, we do not have any complex considerations since helpful indicators are available. Price paid by the owner recently represents an expression of market value, as bona fide evidence of value, subject t...
0
2,761
1,171
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: surmises floating in mid-air, particularly where the party who urges these feathery likelihoods stood...
Delhi Cold Storage Private Limited Vs. Commissioner of Income Tax, Delhi-I, New Delhi I.N. Delhi
the Oxford Dictionary, Webster’s New International Dictionary, Words and Phrases Legally Defined Vol. 4 and in Encyclopedia Britannica Vol. 9. The High Court was impressed by the statement in Encyclopedia Britannica, Vol. 9 where it was said: “The only method by which fresh foods may be preserved for a considerable per...
0[ds]9. The meaning given to the wordand the test laid down to find out whether the operation amounts to processing by the three-Judge Bench of this Court runs counter to the conclusions reached by the Allahabad and Calcutta High Courts. As we have already pointed out, the two direct decisions on the point are the case...
0
1,676
317
### 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 Oxford Dictionary, Webster’s New International Dictionary, Words and Phrases Legally Defined Vol. 4 an...
Raipur Manufacturing Co. Ltd Vs. Okhabhai Devrajbhai Patni
expiration of the initial period of 15 days. It must be remembered that the object of this provision is that, as far as possible, the employer and the employee should arrive at an agreement in respect of the change desired by the employee and it is only where an agreement is not possible that the employee should be all...
1[ds]It will be seen on a combined reading of these provisions that an application to the Labour Court under s. 79(1) in respect of a dispute falling under s. 78(1) (A) (a) (i) must be made within three months of the arising of the dispute and the dispute would be deemed to have arisen if, within a period of 15 days fr...
1
3,928
1,865
### 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: expiration of the initial period of 15 days. It must be remembered that the object of this provision is that,...
Mohatta Brothers Vs. Bharat Suryodaya Mills Co. Ltd., Ahmedabad
find that in the statement of accounts of the plaintiff-firm it is Shashi Kumar and not Satyavati who is shown to have 4 Annas share in the plaintiff-firm. Entries show that Shashi Kumar shared the profits as well as the losses in that proportion. The significant thing which emerges from the account books is that Satya...
1[ds]The facts of the case disclose that the partners of the plaintiff-firm have agreed between themselves that so far as the 4 Annas share in the profits and assets of the plaintiff-firm are concerned, it would be Shashi Kumar who would be entitled to the same. That position is also accepted by Satyavati in the applic...
1
4,665
894
### 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: find that in the statement of accounts of the plaintiff-firm it is Shashi Kumar and not Satyavati who is sho...
Mardia Chemicals Ltd. & Others Vs. Union of India & Others
recovery is initiated. So as to demonstrate that the reply of the borrower to the notice under Section 13(2) of the Act has been considered applying mind to it. The reasons howsoever brief that may be for not accepting the objections, if raised in the reply, must be communicated to the borrower. True, presumption is in...
1[ds]50. It has also been submitted that an appeal is entertainable before the Debts Recovery Tribunal only after such measures as provided in Sub-section (4) of Section 13 are taken and Section 34 bars to entertain any proceeding in respect of a matter which the Debts Recovery Tribunal or the Appellate Tribunal is emp...
1
21,148
6,576
### 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: recovery is initiated. So as to demonstrate that the reply of the borrower to the notice under Section ...
Rajendra Kumar Meshram Vs. Vanshmani Prasad Verma
the returned candidate is liable to be declared void if, inter alia, he was not qualified for membership of Parliament or the State Legislature as may be. Section 5 of the 1951 Act deals with qualifications for membership of a Legislative Assembly of a State which, inter alia, requires a candidate to be an elector of a...
1[ds]is clear that it was not the case of the respondent-election petitioner that the appellant-returned candidate was not qualified to contest the election. It is only before this Court, and that too in the oral arguments made, that it has been urged, by relying on the order of the High Court, that the returned candid...
1
2,754
737
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the returned candidate is liable to be declared void if, inter alia, he was not qualified for mem...
Om Prakash Gupta Etc Vs. Dig Vijendrapal Gupta Etc
section 21, sub-section (2) of section 24, sections 24A, 24B, 24C or sub-section (3) of section 29, nothing in this Act shall apply to a building during a period of ten years from the date on which its construction is completed: Explanation I. For the purposes of this sub- section: (a) the construction of a building sh...
0[ds]A perusal of Explanation I makes it abundantly clear that the date of occupation would b e taken to be the date of completion of the construction only when there is no report or record of the completion of the construction or no assessment, thereof. If there is an assessment, as in the present case it is, it will ...
0
2,018
338
### 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: section 21, sub-section (2) of section 24, sections 24A, 24B, 24C or sub-section (3) of section 29, not...
COMMISSIONER OF TRADE TAX, U.P. & ORS Vs. SANTOSH KUMAR KUSHWAHA
start of production, the date of the first sale, and the period during which exemption would be available. The maximum exemption limit is specified. The eligibility certificate states that the exemption would not apply after the specified period or the exemption limit, whichever expires earlier. 9. The State of U.P. th...
1[ds]10. This Court in State of Uttar Pradesh & Ors. v. M/s Systematic Conscom Limited, (2014) 13 SCC 627 had examined the contours of the State Development Tax under Section 3-H imposed w.e.f. 01.05.2005 and held that the provision imposes altogether a new tax on certain dealers whose turnover exceeds the prescribed ...
1
1,986
685
### 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: start of production, the date of the first sale, and the period during which exemption would be available. T...
MUNICIPAL CORPORATION Vs. BVG INDIA LIMITED
necessarily taken into consideration by the technical expert. In all fairness, respondent no.1 ought to have disclosed these factors in its bid. In view of the same, in our considered opinion, the High Court was not justified in increasing the marks for responsiveness from 5 to 10. 2. Evaluation of financial bid: 45. T...
1[ds]21. Thus, only when a decision making process is so arbitrary or irrational that no responsible authority proceeding reasonably or lawfully could have arrived at such decisions, power of judicial review can be exercised. However, if it is bona fide and in public interest, the Court will not interfere in the exerci...
1
12,401
3,244
### 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: necessarily taken into consideration by the technical expert. In all fairness, respondent no.1 ought to have disclosed these...
Deccan Merchants Co-operative Bank Limited Vs. M/s. Dalichand Jugraj Jain & Others
landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this Part apply an to decide any application made under this Act and to deal with any claim or question arising out of this Act or any of its provisions, and subject to the pro- visions of sub-section ...
0[ds]16. The answer depends on the words used in the Act. Although number of cases have been cited to us on similar expressions contained in various other Acts, both Indian and English, in the first instance, it is advisable to restrict the enquiry to the terms of the enactment itself, because the legislatures have bee...
0
7,138
1,361
### 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: landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of th...
Commissioner of Income Tax, Uttar Pradesh Vs. Abdul Hai Azim Ullah
transferee. The transferor is called the lessor, the transferee is called the lessee and the price is called the premium and the money, etc., or other thing to be so rendered is called the rent4. On behalf of the appellant strong reliance has been placed on the observations of the Privy Council in Nidha Sah v. Murlidha...
0[ds]8. It is unnecessary for us to decide any other point except the narrow questionthe transactions embodied in the deeds referred to were of leases or of mortgages.The Privy Council decision was based on different facts and is clearly distinguishable. There was no question there of the liquidation of debt by the rec...
0
2,564
139
### 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: transferee. The transferor is called the lessor, the transferee is called the lessee and the price is calle...
Mithilesh Kumar Sinha and Ors Vs. Returning Officer for Presidential Election and Ors
the Act. In Charan Lal Sahu v. Shri Fakruddin Ali Ahmed and Ors. AIR1975SC1288 , the constitutional validity of Sections 5B and 5C of the Act was upheld. In Charan Lal Sahu and Ors. v. Giani Zail Singh and Anr. [1984]2SCR6 , the necessity of precise, specific and unambiguous pleadings in such an election petition was e...
0[ds]21. We may mention that many of the facts stated by us treating them as averments in support of the petition are not contained in the petition. However, for the benefit of the petitioner, we have read even the list of dates filed by him as a part of the petition. We also permitted the petitioner to file certain do...
0
15,624
5,635
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the Act. In Charan Lal Sahu v. Shri Fakruddin Ali Ahmed and Ors. AIR1975SC1288 , the constitutional validit...
Hanuman Mining Corporation Limited Vs. Commissioner of Sales Tax, Madhya Pradesh, Indore
is effected by a transfer of documents of title to the goods during their movement from one State to another."The interpretation of section 3(a) of the Central Sales Tax Act was the subject-matter of consideration by this court in Tata Iron & Steel Co. Ltd. v. S. R. Sarkar ([1960] 11 S.T.C. 655), and Shah, J., speaking...
1[ds]In the present case the entire turnover of the appellant consisted of sale of manganese ore to eight firms outside the State, some of Bombay and some of Nagpur. There was a written contract of sale between the appellant and each of these firms, on more or less identical terms, the only material difference being th...
1
1,956
566
### 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: is effected by a transfer of documents of title to the goods during their movement from one State to another...
MADAN MOHAN SINGH Vs. VED PRAKASH ARYA
court by which trial court held that defendant was tenant of the premises. The trial court framed the Issue No.4, whether the defendant is a tenant ? The trial court while answering Issue No.4 recorded the following finding: Therefore, the defendant has to be held to be a tenant in respect of the booth in question notw...
1[ds]10. There is no dispute between the parties that Booth No.186 was allotted to the plaintiff-appellant by order dated 20.06.1972. The condition Nos.12, 13 and 19 which are relevant for the present case are as follows:12. You will have no right to transfer your rights under this lease directly or indirectly. You wil...
1
4,086
1,738
### 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: court by which trial court held that defendant was tenant of the premises. The trial court framed the Issue No.4, whether...
Kunwar Shri Vir Rajendra Singh Vs. Union Of India & Ors
private property.10. The next question for consideration is whether the President has power to recognise a Ruler. Counsel on behalf of the petitioner contended that clause (22) of Article 366 of the Constitution was a mere definition and did not confer any right on the President to recognise a Ruler. This contention is...
0[ds]It is manifest that the right to private properties of the last Ruler depends upon the personal law of succession to the said private properties.The recognition of the Ruler is a right to succeed to the gaddi of the Ruler. This recognition of Rulership by the President is an exercise of political power vested in t...
0
2,797
1,458
### 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: private property.10. The next question for consideration is whether the President has power to recognise a ...
M/s. Madan Mohan Damma Mal Ltd. & Another Vs. State of West Bengal & Another
is no direct evidence to the effect that such delivery was taken prior to Dr. Baguis taking sample of the mustard oil. But the circumstances, in our opinion, conclusively establish that appellant No. 2 had taken delivery of the wagon prior to Dr. Baguis visit and taking samples of oil from the wagon. Appellant No. 2 is...
1[ds]7. The Courts below found on the evidence that the mustard oil in the appellants tank wagon was adulterated with groundnut oil, that the appellants were in possession of that oil and had stored that oil for sale, in view of the presumption arising under sub-sec. (4) of S. 462 of the Act, and which had not been reb...
1
2,671
1,193
### 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: is no direct evidence to the effect that such delivery was taken prior to Dr. Baguis taking sample of the mu...
Baldota Brothers Vs. Libra Mining Works
been made out for the exercise of this Courts jurisdiction under Art. 136 of the Constitution. There is no question of one division bench sitting in judgment over another; the same Court hears the same matters at different stages, one for the limited purpose of granting special leave, when only the test of prima facie ...
0[ds]There is therefore no distinction in the scope of the exercise of the power under Art 136 of the Constitution at the stage of application for special leave and at the stage when the appeal is finally disposedtherefore, hold that unless this Court is satisfied that the appeal raises a question that justifies the ex...
0
3,053
624
### 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: been made out for the exercise of this Courts jurisdiction under Art. 136 of the Constitution. There is no questi...
DIPALI BISWAS & ORS Vs. NIRMALENDU MUKHERJEE & ORS
had been given to the judgment-debtor by means of an order under Rule 54. 28. Rule 54 of Order XXI prescribes the method of attachment of immovable property. Sub rule (1A) of Rule 54, also inserted by Act 104 of 1976, mandates that the prohibitory order under sub rule(1) shall require the judgment-debtor to attend cour...
1[ds]19. The only mantra, by the recitation of which, the appellants hope to succeed in this half-a-century old litigation, is Order XXI, Rule 64 of the Code. This provision enables an executing court to order that any property attached by it and liable to sale or such portion thereof as may seem necessary to satisfy t...
1
4,345
1,219
### 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: had been given to the judgment-debtor by means of an order under Rule 54. 28. Rule 54 of Order XXI prescribes the ...
SATPAL SINGH Vs. STATE OF HARYANA
Mrs. R. Banumathi, J. - Leave granted. 2. The appellant has been convicted under Section 304-A I.P.C. and sentenced to undergo rigorous imprisonment for two years. The appellant was also convicted for the offence punishable under Section 279 I.P.C. and sentenced to undergo six months imprisonment. 3. The case in the nu...
1[ds]5. The appellant is said to have already undergone imprisonment of six months and two days. It is stated that the appellant who is around 65 years old and suffering from agerelated ailment and is the only person to support his family.
1
176
49
### 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: Mrs. R. Banumathi, J. - Leave granted. 2. The appellant has been convicted under Section 304-A I.P.C....
State Of Assam & Anr Vs. D.C. Choudhuri & Ors
an end and as no return had been furnished and as the authorities wished to proceed under Section 22 (2) they should not do so without a notice under Section 34".8. The above view was approved by this Court in Commr. of Income-tax, Bombay v. Ranchhoddas Karsondas, Bombay, (1960) 1 SCR 114 = (AIR 1959 SC 1154 ), but the...
0[ds]Thus sub-sections (1), (2) and (3) of S. 19 of the Act are identical with and correspond to sub-sections (1), (2) and (3) of Section 22 of the Income-tax Act.7. Under Section 20 of the Act if the Agricultural Income-tax Officer is satisfied that a return made under Section 19 is correct and complete he has to asse...
0
3,752
868
### 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: an end and as no return had been furnished and as the authorities wished to proceed under Section 22 (2...
Modern Transportation Consultation Services Pvt. Ltd. and Ors Vs. Central Provident Fund Commissioner, Employees Provident Fund Organisation and Ors
on retirement from service after attaining the age of 55 years. 14.2. On the plain interpretation aforesaid, we have not an iota of doubt that the retired Railway employees, who had withdrawn their accumulations in General Provident Fund or any other Fund of which they were members, could not have been treated as exclu...
0[ds]9. For determination of the question involved in this matter, appropriate it would be to briefly take note of the objects and reasons behind the Act of 1952 as also the relevant provisions thereof and the relevant stipulations in the Scheme framed thereunder i.e., the Scheme of 19529.1. The background aspects had ...
0
9,744
2,834
### 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: on retirement from service after attaining the age of 55 years. 14.2. On the plain interpretation aforesaid, we have not an ...
C. Sankaranarayanan Etc Vs. State Of Kerala
by the rules contained in Chapter XXVIIB and Chapter XIV (C) he was relegated to the same position as that of a teacher of government school even in the matter of superannuation. 7. Another point which has been strenuously urged is that the Government orders which followed the memorandum submitted by the teachers were ...
0[ds]We fully concur with the view of the learned Judges of the High Court and are unable to accede to the contention that in spite of the clear wording of the various rules to which reference has been made the appellant, who is a teacher in an aided school can get the benefit of Rule 8 of Chapter XXVIIA. That cannot p...
0
2,439
644
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: by the rules contained in Chapter XXVIIB and Chapter XIV (C) he was relegated to the same position as that of a teacher of...
S.R. Tewari Vs. District Board Agra And Another
the matter of promotion, as well as against orders of dismissal. The orders imposing fine, suspension, reduction or supersession are ex facie orders of punishment, and there is no reason why the order of dismissal which occurs in the same clause, and which is subject to appeal is not an order of that nature. The fourth...
0[ds]In our view it is competent under S. 84 read with S. 172(2) to the State Government to make rules imposing conditions on the appointment and punishment of persons to offices or to any particular office requiring professional skill and to provide generally the conditions under which the servants of the Board are to...
0
5,070
945
### 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 matter of promotion, as well as against orders of dismissal. The orders imposing fine, suspension, reduction or supers...
Amruta Vs. State of Maharashtra
O. CHINNAPPA REDDY, J.1. The appellant, Amruta was convicted, by the learned Additional Sessions Judge, Beed of committing the murders of his wife, Janabai and daughter, Shashikala. He was sentenced to death. The High Court having confirmed the conviction and sentence, the appellant has preferred, this appeal by specia...
1[ds]We have ourselves gone through her evidence and we think that the learned Sessions Judge and the High Court were right in accepting her evidence as true. There are as few minor discrepancies but they are on totally immaterial points. Her evidence has also been fully corroborated by the evidence of Syed Abbas, who ...
1
951
393
### 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: O. CHINNAPPA REDDY, J.1. The appellant, Amruta was convicted, by the learned Additional Sessions Judge, Beed of committing t...
M. P. Shreevastava Vs. Mrs. Veena
the expression "Court executing the decree" as used in S.47, C. P. Code means a "Court which is seized of an application for execution of a decree at the instance of the decree-holder". Section 47 enacts the salutary rule that all questions relating to execution, discharge or satisfaction of the decree shall be determi...
0[ds]5. But it was said that the respondent could not maintain an application for recording adjustment of the decree. Under O. 21 R. 2 C. P. Code, nor could she maintain an application for recording satisfaction of the decree for restitution of conjugal rights so long as the husband did not apply to execute the decree....
0
2,687
1,306
### 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 expression "Court executing the decree" as used in S.47, C. P. Code means a "Court which is seized of ...
Shri Bam Development Vs. Smt. Sarla Prashar and Another
Bam Dev through the Jan Sangh Party. 6. Reliance was also placed on the evidence of witnesses who deposited that there was an arrangement between Bam Dev and Munshi Ram that the former will meet the election expenses of the latter. Charanjit Lal and Khushal Singh have deposited to that effect. Part of the evidence is h...
1[ds]3. In our view the judgment of the High Court cannot be sustained. Ram Sarup deposited that his tonga was engaged by Munshi Ram for his election campaign; that he (Ram Sarup) used to "take the hire from the office of Bam Dev"; that the money was received from the President of Jan Sangh and "at that time Bam Dev wa...
1
2,456
921
### 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: Bam Dev through the Jan Sangh Party. 6. Reliance was also placed on the evidence of witnesses who deposited ...
Union of India and Others Vs. Messrs Jalyan Udyog and Another
vessels but when after plying for a number of years, they are scrapped, pay duty on the supposition that it is imported for breaking-up on the date it is broken-up." * But for the fortuitous - and enormous - increase in the prices of steel worldwide, the roles should have been reversed : what is now contended by the Un...
1[ds]We are inclined to agree with him. In the writ petition, it is clearly stated that the second respondent (second writ petitioner) has sold the said ships to and in favour of the first respondent (first writ petitioner) on September 12, 1984. It is not stated that the second respondent has any subsisting or other i...
1
8,256
2,787
### 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: vessels but when after plying for a number of years, they are scrapped, pay duty on the supposition t...
R.B.L. BANARSI DASS AND CO. PVT. LTD Vs. M/S SHREE AMAR TRADING COMPANY
Rangnath Misra, J. 1. Special Leave granted. Notice issued in the SLP has been refused by the Respondent and must, therefore, to be taken to be sufficient. There is no appearance for the Respondent. 2. Eviction of the Respondent was sought for under the provisions of the Haryana Urban (Control of Rent and Eviction) Act...
1[ds]3. Ordinarily the order being interlocutory this Court would not have entertained the special leave petition. We were, however, impressed by the feature that the Respondent was not acting bonafide, he availed of the benefit under the compromise decree and remained in occupation for about five years without raising...
1
363
77
### 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: Rangnath Misra, J. 1. Special Leave granted. Notice issued in the SLP has been refused by the Res...
S. K. G. Sugar Ltd. Vs. Sri Ali Hassan, Chairman, Industrial Tribunal, Bihar & Others
of the reference or even to serve on the appellant a notice of the proceedings which were to take place before the Industrial Tribunal. Under the Industrial Disputes (Central) Rules,1947 enacted by the Central Government in exercise of the powers conferred upon it by S. 38 of the Industrial Disputes Act, intimation of ...
1[ds]Section 171, Indian Companies Act occurs in Part V which relates to the winding up of companies and prescribes that once a winding up order has been made no suit or other legal proceedings shall be proceeded with or commenced against the Company except by leave of the winding up Court and subject to such terms as ...
1
7,367
463
### Instruction: Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding. ### Input: of the reference or even to serve on the appellant a notice of the proceedings which were to take place before the Industr...
APOLLO ZIPPER INDIA LIMITED Vs. W. NEWMAN AND CO. LTD
following Para 6 of the decision is apposite which reads as under: “6. The singular question to be examined in the present case is whether the tenancy was terminated in accordance with the provisions of Section 106 of the Transfer of Property Act. The receipt of notice by the defendant is admitted in the written statem...
1[ds]41. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned judgment and restore the order of the Single Judge.42. In our considered opinion, the reasoning and the conclusion arrived at by the Single Judge while declinin...
1
4,841
1,528
### 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: following Para 6 of the decision is apposite which reads as under: “6. The singular question to be examined in the present ...
Harpal Singh Vs. Ashok Kumar & Another
of the Schedule 3 aforesaid. (3) An appeal shall lie from the final order passed by a court mentioned in column 3 to the court or authority mentioned in column 8 thereof. (4) A second appeal shall lie from the final order passed in an appeal under sub-section (3) to the authority, if any, mentioned against it in column...
0[ds]8. In the present case, the finding of fact which was arrived at by the executing Court in the course of its decision on the objection to execution is that the land had ceased to be agricultural land and was not being used for purposes contemplated under the Delhi Land Reforms Act 1954The High Court while affirmin...
0
2,337
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: of the Schedule 3 aforesaid. (3) An appeal shall lie from the final order passed by a court mentioned i...
Guruji Shrihar Baliram Jivatode Vs. Vithalrao & Ors
caused to get Exhibits 55 and 56 printed and published and completely ignored the true effect of the statements contained therein. It proceeded on the erroneous impression that every false or unjustified criticism of a candidate amounts to a contravention of Section 123 (4). Dealing with Exhibits 55 and 56 this is what...
0[ds]4. The bulk of the evidence adduced in this case relates to the controversy whether the appellant was responsible for the printing and publication of Exhs. 55 and 56. The High Court has accepted the case of the first respondent that the appellant was responsible for printing and publishing those pamphlets. We have...
0
5,194
587
### 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: caused to get Exhibits 55 and 56 printed and published and completely ignored the true effect of the ...
Karanpura Development Co., Ltd Vs. Raja Kamakshya Narain Singh
reference to the fourth, the suggestion of the Legal Department proceeded on a misapprehension of what had really been agreed to by the parties. Thus, all the essential terms of the agreement must be held to have been sanctioned by the Board by its letter dated 9-10-1917, and is of no consequence, as laid down in 40 In...
1[ds]We have no hesitation in holding that the Board directed by its letter dated 9-10-1917 the execution of the agreement dated 23-11-1917, and that it was validly executed under S. 18.result, therefore, is that the deed dated 23-11-1917 is not open to attack on any of the grounds urged by the respondent, and must be ...
1
11,701
445
### 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: reference to the fourth, the suggestion of the Legal Department proceeded on a misapprehension of what had really been agr...
Union of India Vs. Sandur Manganese & Iron Ores Ltd. & Others
both Section 11(2) and Section 11(4) should be applicable to both virgin and previously held areas, the same has been well reasoned in the impugned judgment and the mere fact that different views on the same subject are possible is no ground to review the earlier judgment passed by this Bench. 22) It has been time and ...
0[ds]In the present case, the error contemplated in the impugned judgment is not one which is apparent on the face of the record rather the dispute is wholly founded on the point of interpretation and applicability of Section 11(2) and 11(4) of the MMDR Act. In review jurisdiction, mere disagreement with the view of th...
0
3,086
354
### 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: both Section 11(2) and Section 11(4) should be applicable to both virgin and previously held areas, the same has been wel...
NATIONAL INVESTIGATION AGENCY Vs. ZAHOOR AHMAD SHAH WATALI
it only places limitations on such power. This is made explicit by Section 20(9) which enacts that the limitations on granting of bail specified in Section 20(8) are ‘in addition to the limitations under the Code or any other law for the time being in force’. But it does not necessarily follow that the power of a Desig...
1[ds]17. By virtue of the proviso to sub¬section (5), it is the duty of the Court to be satisfied that there are reasonable grounds for believing that the accusation against the accused is prima facie true or otherwise. Our attention was invited to the decisions of this Court, which has had an occasion to deal with sim...
1
20,929
4,266
### 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: it only places limitations on such power. This is made explicit by Section 20(9) which enacts that the limitation...
Madhusudan Gordhandas & Co Vs. Madhu Woollen Industries Pvt. Ltd
the claim to support winding up. It is surprising that a claim of the year 1965 was never pursued until it was included as an item of debt in the petition for winding up the company. With regard to the claim for rent, the company pursuant to an agreement between the company and Ravi Industries Private Ltd. credited Row...
0[ds]23. In the present case the claims of the appellants axe disputed in fact and in law. The Company has given prima facie evidence that the appellants are not entitled to any claim for erection work, because there was no transaction between the company and the appellants or those persons in whose names the appellant...
0
4,902
2,730
### 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 claim to support winding up. It is surprising that a claim of the year 1965 was never pursued until...
VODAFONE IDEA LTD. (EARLIER KNOWN AS VODAFONE MOBILE SERVICES LIMITED) Vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 26 (2) & ANR.
suit has been instituted by the plaintiff in the Judge, Small Cause Court claiming the right and interest in the immovable property. 35. A statutory provision containing non obstante clause has to be given full effect. This Court in Union of India v. G.M. Kokil (1984) Supp. SCC 196 has laid down in para 11 as below: (S...
0[ds]13. The nature of exercise of power under sub-section (1) as against that under sub-sections (2) and (3) is thus completely different. In the former case, the matter is processed, only to check whether any apparent inconsistencies are evident on the face of the return and connected material which may call for any ...
0
15,189
1,551
### 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: suit has been instituted by the plaintiff in the Judge, Small Cause Court claiming the right and interest ...
Kunju Kesavan Vs. M.M. Philip & Others
clear and there was doubt whether this Bhagavathi Valli, was exempted or not. The parties went to trial, fully understanding the central fact whether the succession as laid down in the Ezhava Act applied to Bhagavathi Valli or not. The absence of an issue, therefore, did not lead to a mis-trial sufficient to vitiate th...
0[ds]17. We do not think that the plaintiff in the case was taken by surprise. The notification must have been filed with the written statement, because there is nothing to show that it was tendered subsequently after obtaining the orders of the court. The plaintiff was also cross-examined with respect to the address o...
0
4,745
930
### 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: clear and there was doubt whether this Bhagavathi Valli, was exempted or not. The parties went to tri...
UNION OF INDIA Vs. TARSEM SINGH
of the 2013 Act.) In any case, as has been pointed out hereinabove, the case of Chajju Ram (supra), has been referred to a larger Bench. In this view of the matter, we are of the view that the view of the Punjab and Haryana High Court is correct, whereas the view of the Rajasthan High Court is not correct. 39. We were ...
0[ds]6. Having heard the learned counsel on both sides, it is necessary to first mention that the National Highways Act, 1956, as originally enacted, did not provide for acquisition of land. Thus, till the National Highways Laws (Amendment) Act, 1997, all acquisitions for the purpose of National Highways were made unde...
0
19,082
4,635
### 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 the 2013 Act.) In any case, as has been pointed out hereinabove, the case of Chajju Ram (supra), has be...
D. L. F. Housing Construction Private Limited Vs. Delhi Municipal Corporation and Others
had to be taken over on payment of a price determined on no-profit no-loss basis. (Reliance for this contention has been placed on Union of India v. Indo-Afghan Agencies ((1968) 2 SCR 366 : AIR 1968 SC 718 ) and Century Spinning Co. v. Municipal Council ((1970) 3 SCR 854 : (1970) 1 SCC 582 ).)(4) The obligation of the ...
0[ds]19. Thus in these proceeding under Article 226 the Court has been called upon to decide disputed questions of fact and law relating to the precise nature and extent of right, title and interest of the parties in the plots in question. Even the basic documentary evidence, such as the orders granting the sanctions, ...
0
4,298
471
### 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: had to be taken over on payment of a price determined on no-profit no-loss basis. (Reliance for this conten...
MANISH KUMAR Vs. UNION OF INDIA AND ANOTHER
of being understood in the manner done. 366. In regard to the first and the second provisos, they have only prospective operation. The creditors covered by these provisos, are not subjected to any time limit (except, no doubt, the bar under Article 137 of the Limitation Act), in the matter of garnering the requisite su...
1[ds]47. The grounds on which plenary law can be challenged are well established. In the first two decades decisions of this Court unerringly point to three grounds which render legislation vulnerable. A law can be successfully challenged if contrary to the division of powers, either the Parliament or the State Legisla...
1
101,192
16,208
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: of being understood in the manner done. 366. In regard to the first and the second provisos, they have only ...
P. Ramasubbamma Vs. V. Vijayalakshmi & Ors
and 4 and even specific issues were framed, which on appreciation of evidence were held against defendant Nos. 2 to 4. Therefore, the High Court is not justified in quashing and setting aside the judgment and decree passed by the learned Trial Court declaring that sale deeds dated 03.05.2010 are not binding on defendan...
1[ds]4. Though served nobody has entered appearance on behalf of defendant Nos. 2 to 4. Even respondent No. 3 – defendant No. 3 is served by substituted service, namely, by way of publication in two daily newspapers. In that view of the matter, this Court has no other alternative but to proceed further with the appeal ...
1
3,801
1,611
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: and 4 and even specific issues were framed, which on appreciation of evidence were held against defendant Nos...
Dharmendra Kumar Vs. Usha Kumar
for granting relief exists and the petitioner........ is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief...... "On the pleadings the following issue was raised as issue No. 1"Whether the petitioner is not in any way taking advantage of her own wrong for the reasons g...
0[ds]Would the allegation, if true, that she did not respond to her husbands invitation to come and live with him disentitle her to the relief ? We do not find it possible to hold that it would.In Ram Kalis case (supra) a Full Bench of the Delhi High Court held that mere non-compliance with the decree for restitution d...
0
1,631
566
### 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: for granting relief exists and the petitioner........ is not in any way taking advantage of his or her own wrong o...
Deepak Bajirao Shelke Vs. State of Maharashtra
is also the pancha regarding seizure of tanker vide Exh.18 under which the said tanker was taken charge of on 16th March, 2008. He is also the pancha for identification of the clothes of the deceased by the wife of the deceased on 17th March, 2008 vide Exh.19. He is also the pancha regarding memorandum of statement all...
1[ds]In view of the above we are of the considered view that when the present matter is based on circumstantial evidence, the material available on record is not sufficient enough to rule out the possibility of any other person than thecommitting the murder of the victim and taking away the tanker. In other words, it m...
1
5,546
89
### 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: is also the pancha regarding seizure of tanker vide Exh.18 under which the said tanker was taken charge of on 16th March, 2...
Commissioner of Income Tax, Madhya Pradesh, Nagpur and Bhandara Vs. Kalyanmal Mills Limited
SIKRI J.1. The point involved in this appeal is the same as in Commissioner of Income-tax v. Swadeshi Cotton and Flour Mills, in which we have just delivered judgment. This appeal was filed in this court after obtaining a certificate under section 66A (2) of the Income-tax Act, 1922, and is directed against the judgmen...
0[ds]Following our decision and the reasoning in Commissioner ofv. Swadeshi Cotton and Flour Mills, we hold that the High Court was right in answering the question in the affirmative.
0
287
36
### 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: SIKRI J.1. The point involved in this appeal is the same as in Commissioner of Income-tax v. Swadeshi C...
Ranvir Dewan Vs. Rashmi Khanna & Another
and would be governed by Section 14(1) despite any restrictions placed on the powers of the transferee."(See p. 1172 of the 15th Edn.)"41. Reading of the aforementioned principle of law laid down in the cases of V. Tulasamma and Sadhu Singh (supra), it is clear that the ambit of Section 14(2) of the Act must be confine...
0[ds]28. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal. In our view, the reasoning and the conclusion arrived at by the two Courts is just and proper and being in accordance with law does not call for any interference.29. Before we proceed to d...
0
5,628
1,727
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: and would be governed by Section 14(1) despite any restrictions placed on the powers of the transferee."(See p. 1172 of t...
Shri Puran Singh Sahni Vs. Smt. Sundrifbhagwandas Kripalani
the business of a society in Section 91(1) does to mean affairs of the society. It has been used here in a narrower sense and means the actual trading or commercial or other similar business activity of the society which the society is authorised to enter into under the Act and the Rules and its bye-laws. It was, howev...
0[ds]13. In the agreement the intention to create a licence is clear. Positively it speaks of a licence for the use of the flat and negatively that the licensee would not claim any tenancy or sub-tenancy. That the intention of the parties was to create only a licence and not a lease is clear from the tenor of the agree...
0
7,666
616
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the business of a society in Section 91(1) does to mean affairs of the society. It has been used here in a narrower sense an...
Hooghly Mills Company Ltd Vs. The State of West Bengal and Ors
enunciated by this Court in Baldev Krishna Sahi (supra), by strictly interpreting Section 630 to mean that the Appellant company must have title by way of ownership to the disputed property and that the Accused should have been in possession of the flat as a perquisite of his service. Section 630 nowhere requires that ...
1[ds]8. With respect to the first issue, it is undisputed that a company has a separate legal personality. Hence even if we accept the Respondents contention that the Appellant company is owned and controlled by the vendors themselves, any orders issued in the civil suit between 2nd Respondent and the vendors would not...
1
5,060
1,912
### 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: enunciated by this Court in Baldev Krishna Sahi (supra), by strictly interpreting Section 630 to mean that the Ap...
Raythara Sahakari Bank Ltd Vs. Chandrakala R. Das
Arijit Pasayat, J. 1. Leave granted. 2. Appellant calls in question legality of the order passed by the National Consumer Disputes Redressal Commission, New Delhi (in short the National Commission) summarily dismissing the Revision Petition filed by the appellant-Bank observing that the short order passed by the State ...
1[ds]8. We find that all through stand of the appellant-Bank has been that all the borrowers except the respondent have accepted the rate arrived at consensually at the meeting. The complainant did not dispute that such a decision had been taken. It is not clear as to whether the complainant had attended the meeting wh...
1
993
241
### 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: Arijit Pasayat, J. 1. Leave granted. 2. Appellant calls in question legality of the order passed by the Nati...
State of Jharkhand & Others Vs. M/s. Hindustan Construction Co. Ltd
to punish for contempt of itself. Articles 131, 132, 133, 134, 135, 137, 138 and 139 confer different jurisdictions on the Supreme Court while Articles 225, 226, 227, 228 and 230 deal with conferment of jurisdiction on the High Courts. Instances of conferment of jurisdiction by specific law are very common. The laws of...
1[ds]Section 2 is the dictionary clause. It commences with the words unless there is anything repugnant in the subject or17. In Guru Nanak Foundation (supra) case, since differences arose between the parties, an application was filed before the High Court under Section 20 of the Act which appointed retired Chief Engine...
1
16,971
9,461
### 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: to punish for contempt of itself. Articles 131, 132, 133, 134, 135, 137, 138 and 139 confer different jurisdictions on the S...
S.S. Rana Vs. Registrar, Cooperative Socieites
Ajay Hasia vs. Khalid Mujib Sehravardi [(1981) 1 SCC 722] : "(1) One thing is clear that if the entire share capital of the corporation is held by Government, it would go a long way towards indicating that the corporation is an instrumentality or agency of Government. (2) Where the financial assistance of the State is ...
0[ds]As the respondent No.1 does not satisfy any of the tests laid down in Pradeep Kumar Biswas (supra), we are of the opinion that the High Court cannot be said to have committed any error in arriving at a finding that the respondent-Bank is not a State within the meaning of Article 12 of the Constitution of IndiaWe a...
0
5,026
736
### 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: Ajay Hasia vs. Khalid Mujib Sehravardi [(1981) 1 SCC 722] : "(1) One thing is clear that if the entire share...
The State Of Mysore Vs. The Workers Of Gold Mines
the appellate tribunal has observed that for determining the total amount required for rehabilitation it is the original cost that has to be multiplied by an appropriate multiple, for instance 2.7, for the purpose of ascertaing in the replacement value of the machinery, buildings and plant. From the amount thus obtaine...
1[ds]In determining the quantum of the profit to which workmen as a whole can be held to be entitled, the Labour Appellate Tribunal evolved a formula under which the amount of the available surplus in the hands of the employer can be determined. This formula takes the figure of the gross profits made by the idustry for...
1
8,200
1,904
### 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 appellate tribunal has observed that for determining the total amount required for rehabilitation it i...
Hope Textiles Limited and Another Vs. Union of India and Others
1. This appeal is preferred against the decisions of Madhya Pradesh High Court. The assessee is a limited company. For the Assessment Year 1971-72, it filed a return on the basis of which an order of assessment was made on 27-3-1974. By the said order, certain losses disclosed by the assessee were accepted. On 21-2-197...
0[ds]In that case, an order of assessment was made subject to rectification under Section 35 of the Act. The order of assessment was dated. Under Section 35, the rectification could have been made only by March 1960. It was allowed holding that the ITO was under an obligation to make an order of rectification and that ...
0
792
126
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: 1. This appeal is preferred against the decisions of Madhya Pradesh High Court. The assessee is a lim...
Taluk Land Board, Kozhikode and others Vs. Dr. Babucommen Thomas
RAMASWAMY, K. & HANSARIA B.L. (J) 1. Leave granted. 2. Respondent admittedly had purchased cashewnut estate on 16-4-1969. The State Government of Kerala introduced the Land Reforms Bill, 1963 on 1-4-1964. One of the clauses relates to taking away exemption of cashewnut estate or its conversion from the purview of the K...
1[ds]5. The facts of this case stand on a higher footing than the facts therein. In this case, Section 84(1) specifically declares such voluntary transfers to be invalid. In other words, such transfers are void and of no effect. Admittedly, the transfer was effected within the prohibited period namely between 1-4-1964 ...
1
1,012
253
### 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: RAMASWAMY, K. & HANSARIA B.L. (J) 1. Leave granted. 2. Respondent admittedly had purchased cashewnut estate on 16-4-1969. ...
Zenith Steel Tubes & Industries Limited (Formerly Avs Industries Limited) & Another Vs. Sicom Limited
Bombay 247, and Ved Prakash Agarwal v. Rama Petrochemicals Ltd., reported in 2004 (4) Bom.C.R. 578 while challenging the impugned order. The learned Advocate appearing for the respondents has drawn attention to the decision of this Court in Dewal Singhal v. State of Maharashtra, reported in 2001 Company Cases Vol.106 p...
0[ds]In this regard, the Division Bench of this Court in Dewal Singhals case (supra) had clearly ruled, after taking into consideration the earlier decisions of this Court as well as of the Apex Court, that only "suit" against the guarantor of a loan granted to the industrial company which has been declared as sick und...
0
1,284
513
### 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: Bombay 247, and Ved Prakash Agarwal v. Rama Petrochemicals Ltd., reported in 2004 (4) Bom.C.R. 578 while challenging the im...
Amrendra Kumar Paul Vs. Maya Paul
just ground for his wifes refusal to live with him." 13. A Division Bench of this Court in the case of Shantha @ Ushadevi & Anr. v. B.G. Shivananjappa (2005) 4 SCC 468 , held : "7. It is true that the amount of maintenance became due by virtue of the Magistrates order passed on 20-1-1993 and in order to seek recovery o...
0[ds]11. An application for grant of maintenance, therefore, is maintainable, so far as the children are concerned, till they had not attained majority. As a cause of action for grant of maintenance would arise only in the event a person having sufficient means, neglects or refuses to maintain his legitimate or illegit...
0
3,309
366
### 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: just ground for his wifes refusal to live with him." 13. A Division Bench of this Court in the case of Sha...
Pipraich Sugar Mills Limited Vs. Pipraich Sugar Mills Mazdoor Union
the machinery dismantled and delivered to the purchaser peacefully. Did the workman ever agree to it? As late as 5th March 1951 Kashinath Pandey wrote to the Government that if the Mills were to be shifted from Pipraich, he would go on hunger strike. Even after the Government had informed him that the sale could not be...
1[ds]7. It cannot be doubted that the entire scheme of the Act assumes that there is in existence an industry and then proceeds on to provide for various steps being taken, when a dispute arises in that industry. Thus, the provisions of the Act relating to lock out, strike, lay off, retrenchment, conciliation and adjud...
1
5,658
1,424
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: the machinery dismantled and delivered to the purchaser peacefully. Did the workman ever agree to it? As late as 5th March 1...
M/s. Aditya Mindrals Pvt. Ltd Vs. Commissioner of Income Tax, Andhra Pradesh
Bharucha, J. 1. These appeals have been referred to a Constitution Bench to resolve the apparent conflict between the judgments of two Benches of this Court, of three learned Judges each, in Pingle Industries Ltd. v. Commissioner of Income-tax, Hyderabad, 1960(40) I.T.R. 67 and Gotan Lime Syndicate v. Commissioner of I...
0[ds]5. In the case before us, as indicated by the lease deed, what was to be paid by the asessee was rent for the land that was leased. It was payable at the rate of Rs. 35/per acre per month. the assessee was required to pay in advance the rent calculated at this rate for the entire period of the lease, i.e., fifteen...
0
734
130
### 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: Bharucha, J. 1. These appeals have been referred to a Constitution Bench to resolve the apparent conflict between the judg...
Krishnakumar Mills Company Limited and Another Vs. State of Gujarat and Others
Vaidialingam, J. 1. The appellant challenged the acquisition of his lands bearing plot Nos. 116/1, 116/2, 117 and 119 for a public purpose of "establishing Industrial area by the Gujarat Industrial Development Corporation". The acquisition was made not only of the appellants lands but also of a fairly extensive area of...
0[ds]4. Mr. S. T. Desai, learned for the appellant, stated that his clients lands which were sought to be acquired are really necessary for the development of their own Textile Mills and therefore the acquisition, so far as those lands are concerned, will have to be cancelled. So far as this aspect is concerned the Hig...
0
525
256
### 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: Vaidialingam, J. 1. The appellant challenged the acquisition of his lands bearing plot Nos. 116/1, 11...
Kasturi Lal Lakshmi Reddy Vs. State of Jammu and Kashmir and Another
persuade them to set up an industry. The State must be free in such a case to negotiate with a private entrepreneur A with a view to inducing him to set up an industry within the State and if the State enters into a contract with such entrepreneur for providing resources and other facilities for setting up an industry,...
0[ds]So far as the first limitation is concerned, it flows directly from the thesis that, unlike a private individual, the State cannot act as it pleases in the matter of giving largess. Though ordinarily a private individual would be guided by economic considerations of selfgain in any action taken by him, it is alway...
0
11,964
6,793
### 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: persuade them to set up an industry. The State must be free in such a case to negotiate with a private entrep...
Nichhalbhai Vallabhai & Others Vs. Jaswantlal Zinabhai & Others
hand and the "partition of goods and properties" on the other. This constitutes, therefore, a clear allegation of severance of status not only of the three branches but also of the members of the branch of the first defendant - Nichhalbhai. In that same paragraph the plaintiff goes on to say that the properties of the ...
0[ds]It is acanon of interpretation that it is the duty of the Court not to confine itself to the force of a particular expression but to collect the intention from the whole instrument taken together. Having, therefore, regard to the statement of the plaintiff in all the paragraphs of the plaint and interpreting the p...
0
2,322
438
### 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: hand and the "partition of goods and properties" on the other. This constitutes, therefore, a cle...
Seth Balgopal Das Vs. The State Of U.P. & Ors
of the Alla habad High Court had rejected the tenants Special Appeal summarily. This Court, however, granted special leave to appeal under Article 136 of the Constitution on 20th July, 1975. We need not express any opinion on the correctness of the second proposition here if we agree with the High Courts view on the fi...
0[ds]We think it is difficult to reconcile the Division Bench decision in Pasrichas case, decided on 5th April, 1973, with the summary rejection of the Special Appeal No. 180 of 1973 on 8th August, 1973, which is under appeal before us, although we find that one of the learned Judges is common to both the Division Benc...
0
1,700
425
### 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: of the Alla habad High Court had rejected the tenants Special Appeal summarily. This Court, howev...
Tata Engineering and Locomotive Company Limited Vs. Union of India
1. Leave granted.2. Union of India has come up in appeal against the judgment and order of the Division Bench of the Patna High Court directing the Assistant Collector of Central Excise, Jamshedpur, to pass without delay appropriate final order on all the price lists already submitted by the Company. The Court also hel...
1[ds]4. In our view, this petition should not have been entertained by the High Court at all. The Assistant Collector is entitled to complete the assessment as he thinks fit in exercise of his judgment and according to his understanding of the law and facts. For this purpose, he can call for and examine whatever docume...
1
550
163
### 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.2. Union of India has come up in appeal against the judgment and order of the Division...
VARUN PAHWA Vs. RENU CHAUDHARY
of mistake of the counsel, may be on account of lack of understanding as to how a Private Limited Company is to sue in a suit for recovery of the amount advanced. 9. The memo of parties is thus clearly inadvertent mistake on the part of the counsel who drafted the plaint. Such inadvertent mistake cannot be refused to b...
1[ds]8. The plaint is not properly drafted in as much as in the memo of parties, the Plaintiff is described as Varun Pahwa through Director of Siddharth Garments Pvt. Ltd. though it should have been Siddharth Garments Pvt. Ltd. through its Director Varun Pahwa. Thus, it is a case of mistake of the counsel, may be on ac...
1
1,749
579
### 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: of mistake of the counsel, may be on account of lack of understanding as to how a Private Limited Company is...
Madhya Pradesh Hasta Shilpa Vikas Nigam Ltd Vs. Devendra Kumar Jain
order of termination of service of respondents mainly on two grounds. Firstly, the High Court took the view that the respondents services were terminated without giving them an opportunity of hearing in consonance with the rules of natural justice and, therefore, the order of termination of service was contrary to law ...
1[ds]In our considered opinion the High Court fell in serious error in taking in taking the aforesaid view and, therefore, the order of the High Court could not be sustained inis appears that the High Court ignored the said order of the State Government while observing that no material in support of the contention that...
1
1,358
149
### 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: order of termination of service of respondents mainly on two grounds. Firstly, the High Court took th...
State of Rajasthan Vs. Ratan Lal
Similar definition of the word "person" has been given in Section 3(42) of the General Clauses Act. Therefore, these definitions render no assistance for resolving the controversy in hand.8 One of the basic principles of interpretation of Statutes is to construe them according to plain, literal and grammatical meaning ...
1[ds]The position relating to applicability of Section 50 of the Act when the search is of a bag, brief case or an article it was considered by a three Judge Bench of this Court in (2005) 4 SCC 350 (State of H.P. vs. Pawan Kumar and State of Rajastha vs. Bhanwar Lal) in para 7, 8 10, 11 and 27 in Pawan Kumars case it w...
1
1,546
1,320
### 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: Similar definition of the word "person" has been given in Section 3(42) of the General Clauses Act. Therefore, these defini...
D.K. Sahni Vs. Managing Director, Manganese Ore India Ltd
B examinations and not if exempted from passing the same. Therefore, the recognition for equivalence proposed to be granted by the company could not ultimately be granted. The Tribunal rightly points out that `the equivalence which was good for the purpose of Institution of Engineers (India) was not one which was recog...
1[ds]9. Realising this difficulty Mr. Venugopal fell back on Rule 7(c) which reads as underemployee shall ordinarily be promoted from a lower post to higher post unless he has served in the lower post for minimum period of three years. The appropriate Department Promotion Committee, may, however, in special cases and f...
1
5,026
1,609
### 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: B examinations and not if exempted from passing the same. Therefore, the recognition for equivalence proposed to be grant...
Pegasus Assets Reconstruction P.Ltd Vs. M/S Haryana Concast Limited
deposit in this Court.31. The argument on behalf of Mr. Rajaliwala and the intervener Himalayan Infra Projects Private Limited is that this Court should take a practical view and allow the offer of Rs.50 crores in comparison to Rs.32 crores deposited by the auction purchaser. In reply, on behalf of Venus Realcon- respo...
1[ds]27. We grant leave in SLP(C) No.7074 of 2010 preferred by HSIIDC but only to dismiss this case as we have found the grievance of Pegasus to be justified; it was entitled not only to stay outside the winding up proceeding in view of provisions of SARFAESI Act which is a special and later Act but was also entitled t...
1
8,170
1,718
### 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: deposit in this Court.31. The argument on behalf of Mr. Rajaliwala and the intervener Himalayan Infra Projects Private Lim...
State Of Gujarat Vs. Chinubhai Gopaldas
Hidayatullah, CJ.1. This is an appeal by special leave against the judgment and order of a learned Single Judge of the High Court of Gujarat, January 8, 1965, by which an order confiscating 1,500 and odd bottles said to contain intoxicating liquor by the City Magistrate, 8th Court, Ahmedabad, has been set aside.2. The ...
1[ds]It is no doubt true that the person who was charged with committing an offence was found not guilty, but the question is not whether the accused has been successfully brought to book, but whether the offence in respect of the property has been committed or not. There is distinction between the two.An offence may b...
1
974
414
### 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: Hidayatullah, CJ.1. This is an appeal by special leave against the judgment and order of a learned Single Judge of the High...
John Mathai Abraham Vs. M/S.British Physical Labs.India Ltd.&Ors
This appeal brings under challenge the validity of the order of the High Court of Karnataka at Bangalore in H.R.R.P.No.1256 of 1995 of February 22, 1999 allowing the revision filed by the respondent (respondents 1 to 3 are avatars of the same company and are referred to as, the respondent) and dismissing the eviction p...
1[ds]The premises in question belongs to the appellant and that he let it out to the respondent sometime in 1976 on a monthly rent of Rs.1300/which was subsequently enhanced to Rs.1800/per month. The appellant, finding it difficult to get along with his father and the stepmother on account ofy disputes, invoked the jur...
1
1,041
493
### 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: This appeal brings under challenge the validity of the order of the High Court of Karnataka at Bangalore in H.R.R.P.No.125...
B. Raghuvir Acharya Vs. Central Bureau Of Investigation
contemplated by s. 236 Cr.P.C. therefore arises when it cannot be said with any definiteness, either by the prosecutor or by the Court, that such and such facts would be proved. The Court has at the time of framing the charges, therefore to consider what different offences could be made out on the basis of the allegati...
0[ds]45. Considering the aforesaid, we feel it expedient to record that the Special Court fell into a manifest error in coming to a conclusion with regard to accused No.1, as reflected in the judgment under appeal, which cannot be sustained. The appeal (Criminal Appeal No.1001 of 2001), therefore, succeeds and is allow...
0
9,642
1,423
### 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: contemplated by s. 236 Cr.P.C. therefore arises when it cannot be said with any definiteness, either by th...
Workmen In Buckingham and Carnatic Mills, Madras Vs. Buckingham and Carnatic Mills, Madras
21 October, 1965 and, after drawing the attention of the workman concerned to the chargesheet and his reply, asked him whether he was pleading guilty or not guilty. On the workman pleading not guilty the witness on the side of the management were examined. The workman was given full opportunity to cross-examine the wit...
0[ds]6. We may straightaway say that these observations of the labour court are erroneous. The labour court has misunderstood the decisions of this Court on this point. This Court has held that standing orders, which have been certified under the Industrial Employment (Standing Orders) Act, 1946, become part of the sta...
0
2,678
1,037
### 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: 21 October, 1965 and, after drawing the attention of the workman concerned to the chargesheet and his reply, ...
State of Rajasthan Vs. Puri Construction Co. Ltd. and Ors
reappraise the evidence intrinsically with a close scrutiny for finding out that the conclusion drawn from some facts, by the arbitrator is, according to the understanding of the court, erroneous. Such exercise of power which can be exercised by an appellate court with power to reverse the finding of fact, is alien to ...
0[ds]13. Considering the facts and circumstances of the case, it is quite evident that the appellant was aware of Shri Rohatgis appearance as a counsel for the respondent in an appeal before this Court but despite such knowledge, appellant did not raise any objection either before the arbitrators or before this Court d...
0
10,117
3,808
### 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: reappraise the evidence intrinsically with a close scrutiny for finding out that the conclusion drawn from ...
Jai Balaji Industries Ltd Vs. Pec Ltd
in the list seven weeks hence." 11. Aggrieved thereby, the Respondent No.1 herein preferred APOT No.235 of 2009 and APOT No.249 of 2009 before the Division Bench of the Calcutta High Court and the same were disposed of finally by the Appeal Court by its order dated 1st September, 2009, extracted hereinabove, whereby th...
0[ds]16. From the submissions made on behalf of the parties, it will appear that the appellant is aggrieved by the fact that besides having paid a sum of Rs.20,31,25,856/by a postdated cheque to the Respondent No.1, the appellant had also been deprived of the goods, the value whereof had greatly diminished since it was...
0
2,621
594
### 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: in the list seven weeks hence." 11. Aggrieved thereby, the Respondent No.1 herein preferred APOT No.235 of 2009 an...