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THE CONSERVATOR AND CUSTODIAN OF FOREST & ORS Vs. SOBHA JOHN KOSHY & ANR
Forest Officer had informed the Conservator of Forests that owners suggested that they are prepared to accept the compensation for the land. The High Court informed that a communication has been received from the Tehsildar of the District Collector, Wayanad where Tehsildar has assessed the value of the land as Rs. 1000...
0[ds]7. From the facts noticed above, it is undisputed that the subject land, which was claimed to be vested with the Government under Act, 1971 was not ultimately accepted and Kerala High Court allowed the objection of the land owners declaring that land is not covered under the Act, 1971 and has been exempted from Ac...
0
2,930
992
### 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: Forest Officer had informed the Conservator of Forests that owners suggested that they are prepared to accept the compensat...
Mukand Limited Vs. Mukand Staff, Officers Association
Rs. 300 to 400 - A + 40% of the basic above Rs. 3007-c) Rs. 400 to 500 - B + 20% of the basic above Rs. 400/~ d) Rs. 500 and above - B + 10% of the basic above Rs. 5007- In our view this modification is necessitated in order to reduce the financial impact of the grant of Dearness Allowance as aforesaid. Therefore, whil...
1[ds]On the one hand is often times a pressing need to revise the wages and the service conditions of workmen so as to protect their livelihood from an erosion in the real value of the pay packet. Inflation and increase in the cost of living in metropolitan areas spare no one, including the workers. The law has to prot...
1
20,047
3,946
### 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: Rs. 300 to 400 - A + 40% of the basic above Rs. 3007-c) Rs. 400 to 500 - B + 20% of the basic above Rs. 400/~ d) Rs. 500 ...
MAHANAGAR TELEPHONE NIGAM LTD Vs. CANARA BANK
Rishabh Enterprises ( (2018) 15 SCC 678 ) invoked the Group of Companies doctrine in a domestic arbitration under Part I of the 1996 Act. 10.7. Coming to the facts of the present case, CANFINA was set up as a wholly owned subsidiary of Canara Bank. This is evident from the Report of the Joint Committee to Enquire into ...
1[ds]9. THE EXISTENCE OF A VALID ARBITRATION AGREEMENTA valid arbitration agreement constitutes the heart of an arbitration. An arbitration agreement is the written agreement between the parties, to submit their existing, or future disputes or differences, to arbitration. A valid arbitration agreement is the foundation...
1
6,582
1,855
### 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: Rishabh Enterprises ( (2018) 15 SCC 678 ) invoked the Group of Companies doctrine in a domestic arbitration ...
Valsan P Vs. The State of Kerala and Ors
in such manner as may appear to the Government to be just and equitable: Provided that where such rules or orders are applicable to the case of any person or persons, the case shall not be dealt with in any manner less favourable to him or them than that provided by those rules or orders. This amendment shall be deemed...
1[ds]7. To put the matter in perspective, it is to be noted at the outset that the appellant had worked in the Telecom Department from 05.02.1974 to 31.05.1984 which is pensionable service in usual course if the other requirements were satisfied. The appellant had thereafter worked in the Technical Education Department...
1
2,522
606
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: in such manner as may appear to the Government to be just and equitable: Provided that where such rules or orders are appli...
Ratan Lal Shah Vs. Firm Lalmandas Chhadammalal & Anr
proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or of the defendants may appeal from the whole decree, and thereupon the Appellate Court may reverse or vary the decree in favour of all the plaintiffs or defendants, as the case may be."The object of the rule is to ...
1[ds]3. In our view the judgment of the High Court cannot be sustained. The appeal could not be dismissed on the ground that Mohan Singh was not served with the notice of appeal, nor could the appeal be dismissed on the ground that there was a possibility of two conflictingobject of the rule is to enable one of the par...
1
1,596
804
### 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: proceeds on any ground common to all the plaintiffs or to all the defendants, any one of the plaintiffs or o...
Rashmi Metaliks Ltd. Vs. Kolkata Metrop. Dev. Auth.
law pertaining to tenders; the later decision of the co-ordinate Bench in Siemens is in the nature of annals of previous decisions on the point. 10. With this brief analysis of the decisions cited at the Bar, we shall now return to the essential factors that shall determine our decision. The two clauses that have been ...
1[ds]12. So far as the first point is concerned, it needs to be dealt with short shrift for the reason that the Courts below have not thought it relevant for discussion, having, in their wisdom, considered it sufficient to non-suit the Appellant-company for its failure on the second count. It has, however, been explain...
1
3,659
587
### 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: law pertaining to tenders; the later decision of the co-ordinate Bench in Siemens is in the natur...
M/S. Afloat Textiles (India) Limited & Another Vs. The Union of India & Others
been filed.7. Mr. V.S. Nankani, learned Advocate appearing on behalf of the petitioners submitted that the order passed by the Tribunal suffers from serious infirmities. Firstly, he submitted that the impugned order has been passed after four months of hearing the appeal, as a result whereof several documents relied up...
1[ds]10. Whether the certificate issued by the Licensing authority in the year 2001 to the effect that the export obligation has been fulfilled by the petitioners would have bearing on the findings given by the Commissioner to the effect that conditions set out in Notification No.204/92 was an issue raised in the appea...
1
1,694
379
### 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: been filed.7. Mr. V.S. Nankani, learned Advocate appearing on behalf of the petitioners submitted that ...
The Engineering Mazdoor Sabha Representing Workmen Employ Vs. The Hind Cycles Ltd., Bombay(And Connected Appeal)
the Industrial Tribunal from the statutory provisions themselves. In this connection, the provisions of S. 10 (2) may be taken into consideration. This clause deals with a case where the parties to an industrial dispute apply in the prescribed manner for a reference of their dispute to an appropriate authority, and it ...
0[ds]3. Article 136 (I) provides that notwithstanding anything in this Chapter, the Supreme Court may, in its discretion, grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.(2) excludes from t...
0
7,869
4,422
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the Industrial Tribunal from the statutory provisions themselves. In this connection, the provisions of S. 10 (2) may be ...
Indian Performing Rights Society Ltd Vs. Sanjay Dalia
v. C.R. Borman & Anr. [2008 (38) PTC 76 (Del.)], Delhi High Court considered that the plaintiff carried on the business in commercial quantities in Delhi and have authorized agents also. The pleadings of plaintiff have to be taken into consideration at the time of rejection of the plaint under Order VII Rule 11 CPC. It...
0[ds]12. Considering the very language of section 62 of the Copyright Act and section 134 of the Trade Marks Act, an additional forum has been provided by including a District Court within whose limits the plaintiff actually and voluntarily resides or carries on business or personally works for gain. The object of the ...
0
14,696
1,806
### 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: v. C.R. Borman & Anr. [2008 (38) PTC 76 (Del.)], Delhi High Court considered that the plaintiff carried on the bus...
STEEL AUTH.OF INDIA LTD Vs. NAND KISHORE TIWARI
and the plant modernized to reach a target production of 4.2 million tons per annum. This was at an overall cost of Rs.13684 crores and was completed in the year 2013. In the said additional affidavit dated 22nd January, 2018 it has been further stated that the SAIL is now engaged in the process of enhancing the annual...
1[ds]me for Leasing of Houses to Employees,was valid for a period of three months. The operation of it had not been extended. Under the said Scheme of 2002,to which category the respondents–writ petitioners belong, were not vested with any right for consideration of their cases for allotment onlease. In fact, the lease...
1
1,873
399
### 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: and the plant modernized to reach a target production of 4.2 million tons per annum. This was at an overall cost of Rs.136...
UMA PANDEY Vs. MUNNA PANDEY
2. This appeal is filed by the plaintiffs against the final judgment and order dated 16.07.2014 passed by the High Court of Judicature at Patna in Second Appeal No.255 of 2008 whereby the High Court dismissed the second appeal filed by the appellants herein in limine and affirmed the judgment/decree dated 14.07.2008 pa...
1[ds]Having heard the learned counsel for the appellants and on perusal of the record of the case, we are constrained to allow the appeal, set aside the impugned judgment of the High Court and remand the case to the High Court for deciding the second appeal filed by the plaintiffs (appellants herein) afresh on merits o...
1
1,154
503
### 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: 2. This appeal is filed by the plaintiffs against the final judgment and order dated 16.07.2014 p...
M/s. Tata Industries Ltd. & Another Vs. M/s. Grasim Industries Ltd
M/s. Apex Investments (Mauritius) Holding Private Limited was originally a member of the AT&T Wireless Group and held 32.9% shares in IDEA. It was then known as AT&T Cellular Pvt. Ltd. It was then argued that it was required under Article 4.01 (a) of the Shareholders Agreement to execute a Deed of Adherence as provided...
1[ds]was pointed out that since the modality drafted by clause 4.02 of Shareholders Agreement was not followed, Apex Investments (Mauritius) Holding Private Limited could not join the Shareholders Agreement and as such, Apex Investments (Mauritius) Holding Private Limited not being a party to the Shareholders Agreement...
1
13,595
621
### 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: M/s. Apex Investments (Mauritius) Holding Private Limited was originally a member of the AT&T Wir...
Indian Hotels Company Limited and Others Vs. Income Tax Officer and Others
But neither has been manufactured in the normal sense of the word." * 13. In our view, same would be the position with regard to the foodstuff served or sold by the hotels. The foodstuff prepared by cooking or by any other process from raw materials such as cereals, pulses, vegetables meat or the like cannot be regarde...
0[ds]In our view, same would be the position with regard to the foodstuff served or sold by the hotels. The foodstuff prepared by cooking or by any other process from raw materials such as cereals, pulses, vegetables meat or the like cannot be regarded as commercially distinct commodity and it cannot be held that such ...
0
4,484
300
### 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: But neither has been manufactured in the normal sense of the word." * 13. In our view, same would be the po...
Supreme General Films Exchange Ltd Vs. His Highness Maharaja Sir Brijnath Singhji Deo Of Maihar &O
him to sue for the declarations he sought. He was not seeking a merely whimsical or eccentric or an unreasonable declaration of a right in property with no enforciable legal claims over it which could remain unaffected by the defendant-appellants claims as a lessee,17. Surjya Kumar v, Girish Chandra, AIR 1951 Assam 101...
0[ds]These arguments rest on the assumption that no declaratory relief can be granted outside the ambit of Section 42 of the Specific Relief Act,think that the decision in this case also does not assist the appellant much.The result is that Section 42 merely gives statutory recognition to a well-recognized type of decl...
0
3,552
1,207
### 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: him to sue for the declarations he sought. He was not seeking a merely whimsical or eccentric or an unreasona...
National Mineral Dev.Corpn.Ltd Vs. State Of M.P.
Mineral Concession Rules, 1960. The Mineral Concession Rules, 1960 (hereinafter referred to as the Rules, for short) have been framed by the Central Government in exercise of the powers conferred by Section 13 of the Mines and Minerals Regulation and Development Act, 1957. Rules 64-B and 64-C have been introduced there...
1[ds]17. From the abovesaid definitions as available in two reference books, the High Court has concluded that slime is nothing but powdery form of iron ore and it contains small grains ofA little after we will test the impact of the inference sothe submission of the appellant, the iron ore slimes have been treated as ...
1
7,441
2,082
### 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: Mineral Concession Rules, 1960. The Mineral Concession Rules, 1960 (hereinafter referred to as the Rules, ...
Shayona Pulp Conversion Mills Private Limited Vs. Commissioner of Income Tax and Others
section 239 of the Act the limitation period is given which is one year from the last date of the assessment year and revised returns were also required to be filed within one year. When such period of limitation is prescribed under the Act, the application was filed on 12-5-2009, many years after the expiry of the per...
0[ds]On the basis of the observations made in these cases it was submitted for the petitioner that there is power with the Board to issue such instructions or order and so the Commissioner ought to have condoned the delay. On this point, learned counsel for the respondent, Department, placed reliance on some observatio...
0
1,887
300
### 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: section 239 of the Act the limitation period is given which is one year from the last date of the assessment year and revise...
M/S. Sohan Lal And Company And Others Vs. Lt. Governor Of Delhi And Others Versus Lt. Governor Of Delhi And Others
1. In 1967, initially, the appellants were allotted 605 sq. yards each as industrial sites by the Delhi Development Authority. The price demanded thereon was Rs 20 per sq. yard. The appellants were not satisfied with the extent of land allotted. They asked for more. On February 5, 1970, the appellants in Civil Appeal N...
0[ds]The actual allotment of the industrial sites were made to the appellants on February 5, 1970 and they took possession only on December 9, 1970. The rate prevalent on that date was Rs 57 per sq. yard. In fact, the DDA would have been justified in demanding the rate of Rs 57 for the entire extent of land allotted. T...
0
579
309
### 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: 1. In 1967, initially, the appellants were allotted 605 sq. yards each as industrial sites by the Delhi...
State Bank of India Vs. Parkash Chand Mehra
per month; and on transfer to Amritsar- a class II area, in consideration of his length of service, he was given three increments and his salary was fixed at Rs. 133 per month. The Respondents case is that he was entitled to three increments over Rs. 126 which it is said he was drawing at Abohar, that is Rs.148 per mon...
1[ds]3. We have therefore first to fix the basic pay in accordance with Rule 4(a), and then a low annual increments in accordance with R. 4(b). But this is subject to Rules 1 and 2 above. We are unable to accept the contention raised on behalf of the respondent that the words subject to have not the effect of making wh...
1
1,300
487
### 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: per month; and on transfer to Amritsar- a class II area, in consideration of his length of service, h...
RAJASTHAN CYLINDERS AND CONTAINERS LIMITED Vs. U.O.I AND ANR
of United States in Monsanto Co. v. Spray-Rite Service Corp. 17 is relevant and is reproduced hereunder: 16 17 The correct standard is that there must be evidence that tends to exclude the possibility that the manufacturer and non-terminated distributors were acting independently. That is, there must be direct or circu...
1[ds]Though the expression collusive bidding is not defined in the Act, it appears that both bid rigging and collusive bidding are overlapping concepts. This position stands accepted in Excel Crop Care Limited case which should be found from the following discussion therefrom:38. Mr Neeraj Kishan Kaul, learned Addition...
1
24,723
3,620
### 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 United States in Monsanto Co. v. Spray-Rite Service Corp. 17 is relevant and is reproduced her...
Pati Ram Vs. State of Uttar Pradesh
injury as an incised injury. It is more or less a scratch. Even that injury as an injury as an incised injury, It is more or less a scratch. Even according to P.W. 2, who conducted the autopsy, the injury in question could have been caused by a nail. It is probable that this injury was caused by the iron tip of the Goo...
0[ds]1. After carefully going through the evidence on record with the assistance of the learned appearing for the appellant, we have come to the conclusion that this appeal has no merit. We shall now proceed to state our reasons in support of ouris no dispute that the injuries sustained by the deceased were sufficient ...
0
2,161
1,324
### 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: injury as an incised injury. It is more or less a scratch. Even that injury as an injury as an incised injury, It is more...
State of Assam Vs. Mohan Chandra Kalita & Another
did not go to the S. D.C. to complain about the collection. None of them stated that the S. D.C. had asked for collection of the amounts. Tajmudin, witness No. 8 admitted that he had collected the money for Garibhara. He says the reason for this collection was that on a certain day before 25th September 1963, many peop...
0[ds]From the evidence recorded by the enquiry officer which we have perused and to which a reference will be made presently, it is clear beyond doubt that none of the witnesses testified to the fact that on 25th September, 1963 or earlier, neither the respondent authorised the collection of Garibhara nor did anyone sa...
0
2,537
1,403
### 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: did not go to the S. D.C. to complain about the collection. None of them stated that the S. D.C. had asked f...
Balwant Singh Vs. State of Haryana
he was stated to have joined the army, while Tej Singh was given up by the public prosecutor on the ground of having been won over.11. The accused, other than Mange Ram and Tej Singh, denied the prosecution allegations. According to them, they were not present at the scene of occurrence. The version of the occurrence o...
0[ds]13. We have heard Mr. Kohli on behalf of the appellants and Mr . Goswami on behalf of the State, and are of the view that there is no merit in the appeal. The prosecution case about the seven accused appellants having assaulted Mehtab Singh, Attar Singh, Kabul Singh and Dharam Singh is supported by the evidence of...
0
2,647
786
### 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: he was stated to have joined the army, while Tej Singh was given up by the public prosecutor on t...
Hindustan Lever Mazdoor Sabha Vs. Hindustan Lever Ltd. & Another
even though Ref. (IT) No. 203 of 1970 was decided against the employees concerned, still the cause of action to claim the implementation of the said agreement or settlement had arisen for the first time after the decision given by the Honble Supreme Court of India in CA No. 1865 of 1982 dated 5-1-1984. Therefore, the c...
1[ds]We are of the view that the High Court was not justified in reversing the finding of the Tribunal on the issue of limitation. It is obvious from the above quoted reasoning of the High Court that it proceeded primarily on the events which happened during the period from 1975 to 1984. The High Court has taken the hi...
1
2,669
211
### 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: even though Ref. (IT) No. 203 of 1970 was decided against the employees concerned, still the cause of action to claim the ...
Ballarpur Collieries Company Vs. State Industrial Court
is in fact no managerial inquiry worth the name in this case. This is what the Appellate Tribunal has also pointed out, and we think rightly. This is also borne out by the fact that before the industrial tribunal the appellant examined a number of witnesses which would have been unnecessary if there had been a proper m...
0[ds](20) WE propose to deal with each of the points in the same order. It is undoubtedly true that theat any rate, its head office at Nagpur, is registered under the provisions of the Central Provinces and Berar Shops and Establishments Act, 1947. Under that Act, either a commercial establishment or a shop is required...
0
16,978
5,535
### 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 in fact no managerial inquiry worth the name in this case. This is what the Appellate Tribunal has also pointed out, and...
The Director General of Police & Anr Vs. M Jeyanthi
on the provisions of Rule 35A of the Special Rules of Tamil Nadu Police Subordinate Services (Rules). The order of the DGP was challenged before a learned Single Judge in a writ petition (Writ Petition No 18211 of 2018) which was dismissed by an order dated 21 August 2018. The writ appeal (Writ Appeal No 1596 of 2018) ...
1[ds]Moreover, it is evident from clause (c) of Rule 35A that the appointing authority, while accepting the resignation, is empowered to indicate a date from which it will take effect which will not be later than the date of expiry of the notice. In other words, the authority can legitimately accept the resignation fro...
1
1,380
404
### 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: on the provisions of Rule 35A of the Special Rules of Tamil Nadu Police Subordinate Services (Rules). The or...
Reena Suresh Alhat Vs. State Of Maharashtra And Anr
Chelameswar, J.1. Permission to file Special Leave Petition is granted.2. These two matters arise out of Maharashtra Municipal Corporation Act, 1949 (Act No. 59 of 1949). Petitioners in these two SLPs are candidates at the ongoing Elections to the Municipal Corporation of Pune.3. Aggrieved by certain action taken by th...
0[ds]10. We see no reason to entertain the SLPs for the followingThe elections in question pertain to a local body under a local law of the State Legislature. The result of the election is most unlikely to have any effect on the affairs of this nation. We are even inclined to believe that the result of the election wou...
0
900
319
### 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: Chelameswar, J.1. Permission to file Special Leave Petition is granted.2. These two matters arise out o...
Moti Natwarlal & Ors Vs. Raghavayya Nagindas & Co
entitled to charge his own client. Similar provision is to be found in England in the Supreme Court Costs Rules, 1959 (see "The Annual Practice 1965, p. 1999/300"). Mr. Nariman who appears on behalf of the Incorporated Law Society, Bombay, drew our attention to Rule 29 of the last mentioned rules under which a Solicito...
0[ds]Rule 569 of "The Rules of the High Court of Bombay (Original Side), 1957" affords, in our opinion, a complete answer to the appellants contention that the Taxing Master who is an officer of the Original Side of the High Court has no jurisdiction to tax the Attorneys bills in regard to work done by them in matters ...
0
6,630
3,229
### 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: entitled to charge his own client. Similar provision is to be found in England in the Supreme Court Costs R...
UNIVERSITY OF KERALA AND ORS. ETC Vs. MERLIN J.N. AND ANR. ETC. ETC
uses the word declaratory, the words so used may not be sufficient to hold that the statute is a declaratory Act as words may be used in order to bring into effect new law. 21. The respondents herein had submitted that it was not the UGCs intention to give retrospective effect to the 2016 UGCR, even though the UGC had ...
1[ds]13. From the narration of facts, it is evident that for long, whenever the UGC introduced regulations pertaining to qualifications for university teaching staff, exemptions were provided for Ph. D and M. Phil. holders from the requirement of qualifying in the NET. This is evident from the successive changes which ...
1
5,699
2,950
### 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: uses the word declaratory, the words so used may not be sufficient to hold that the statute is a declaratory Act a...
Kok Singh Vs. Deokabai
3, 100 in three instalments. Deojibhai died in 1955 leaving his widow, the respondent, and a son who died subsequently leaving his widow Manibai. Manibai filed a suit in 1956 in the Bombay City Civil Court against Deokabai, the respondent, claiming a share in the property left by her father-in-law, Deojibhai. This suit...
0[ds]We think the High Court was right in its conclusion as Section 12 of the Central Provinces Tenancy Act, 1920, which contained the prohibition, had been repealed before the decree wasare unable to accept thisOrder 41, Rule 33 of the Civil Procedure Code, the High Court was competent to pass a decree for the enforce...
0
1,188
164
### 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: 3, 100 in three instalments. Deojibhai died in 1955 leaving his widow, the respondent, and a son who di...
Nilambur Rubber Company Limited Vs. State of Kerala & Others
(Prayer: Civil Appeals Nos. 994 and 995 of 1991 with Civil Appeals Nos. 3275 to 3288 of 1997 and T.P. (C.) No. 29 of 1992 (Civil Appeals Nos. 994 and 995 of 1991 are from the judgment and order dated September 1, 1989, of the Kerala High Court in T.R.C. Nos. 99 and 100 of 1989) (Civil Appeals Nos. 3275 to 3288 of 1997 ...
1[ds]4. In the present case, despite the remand ordered by the High Court earlier, the Revenue failed to bring on record facts which would justify the conclusion that the company is a dealer. The Revenue was the appellant in the two cases that we have just cited. It could not have been unaware of the onus that it was r...
1
1,002
137
### 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: (Prayer: Civil Appeals Nos. 994 and 995 of 1991 with Civil Appeals Nos. 3275 to 3288 of 1997 and T.P. (C.) N...
Public Services Tribunal Bar Association Vs. State Of U.P.
reasons given by us for upholding the validity of Sub-section (5-B) would equally apply for upholding the validity of Sub-section (5-C) as well. 42. Sub-sections (5-B) and (5-C) are not arbitrary as contended by the counsel for the appellant as this Court in earlier cases has taken the view that orders of suspension, d...
0[ds]32. We agree with the view taken by the High Court that unless a clarification is made by the Legislature in the Act clarifying that an order would include an "omission" or "inaction" on the part of the authority, the "inaction" on the part of the authority can be challenged in High Court by filing the writ petiti...
0
11,223
1,125
### 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: reasons given by us for upholding the validity of Sub-section (5-B) would equally apply for upholding the validity of Sub-s...
M/s. Karam Chand Thapar & Brothers (P) Ltd Vs. Commissioner of Income Tax (Central), Calcutta
the case as found by the tribunal, the sum of Rs. 18,00,000/paid to the company was a revenue receipt and as such assessable to income-tax.6. Curiously enough despite the fact that the question referred to the High Court for its opinion did not in any manner challenge the correctness of the facts found by the tribunal,...
1[ds]7. In our opinion, it was wholly impermissible for the High Court to disturb the findings of fact reached by the Tribunal. The tribunal was the final fact finding authority. The facts found by it could have been challenged only on certain recognised grounds. Neither the High Court nor this Court has jurisdiction t...
1
2,070
541
### 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 case as found by the tribunal, the sum of Rs. 18,00,000/paid to the company was a revenue receipt and ...
State of Uttar Pradesh & Others Vs. Ram Naresh Lal
only the appointing authority who would be competent to pass the order of dismissal. He held that the appointing authority was the Superintending Engineer and not the Development Commissioner. 8. The learned Single Judge then dealt with the other points raised before him, but those points have not been raised before us...
1[ds]11. Regarding the first point, it seems to us that it was not necessary that the Development Commissioner should have issued a fresh order for appointment of the respondent. The respondent was a member of the Subordinate Service and by having been transferred to the Planning Department he had not ceased to be a me...
1
2,239
548
### 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: only the appointing authority who would be competent to pass the order of dismissal. He held that the...
Ram Kumar Agarwalla And Brothers Vs. Commissioner Of Income-Tax, Central, Calcutta
and it was not open to the third Member to ignore that finding and to arrive at a different conclusion. We are unable to agree with that contention. On a difference of opinion the appeal in its entirety and not any specific question, was referred to the third Member. Again only the Accountant Member was of the view tha...
0[ds]5. It is unnecessary to make a detailed reference to the decisions which were cited at the Bar, e.g.,Higgs v. Oliver, (1952) 33 Tax Cas 136and in Commissioner of Income-tax, Bombay Presidency, Sind and Baluchistan v. Mills Store Co., Karachi, 1941-9 ITR 642: (AIR 1942 Sind 53). In Higgss case, (1952) 33 Tax Cas 13...
0
2,110
1,091
### 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: and it was not open to the third Member to ignore that finding and to arrive at a different conclusion. We are unable to ag...
Subbiah Thevar Vs. State of Tamil Nadu
we issued notice to the State of Tamil Nadu on the question of the propriety of sentence of death imposed upon the appellant-petitioner and dismissed the application of the other petitioners.2. In pursuance to the notice the State has entered appearance. After hearing counsel on both sides, we granted special leave lim...
1[ds]6. We think that on the evidence it is clear that all the accused who were Thevars felt humiliated by reason of the fact that a woman belonging to the Vellala community beat Accused No. 1 with a broomstick. The deceased indulged in a sarcastic expression indicating that the community to which the accused belong is...
1
1,141
170
### 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: we issued notice to the State of Tamil Nadu on the question of the propriety of sentence of death imposed upon the appell...
The Idol of Sri Renganathaswamy Represented by its Executive Officer, Joint Commissioner Vs. P K Thoppulan Chettiar, Ramanuja Koodam Anandhana Trust, Rep. by its Managing Trustee and Ors
under Section 6(19) of the Act of 1959. 20. In the present case, the Deed of Settlement states that the charity is to be carried on for the benefit of the devotees of Sri Renganathaswamy who visit during the Chithirai Gajendra Moksham and Padi Eighteen festivals. The devotees as the ultimate beneficiaries of the charit...
1[ds]The following points emerge from the Deed of Settlement:(i) Thoppulan Chettiar purchased the suit property in 1877 for the purpose of performing charitable work in reference to Sri Renganathaswamy sanctum. In a part of the suit property, a black stone structure was constructed for Sri Renganathaswamy. During the H...
1
6,290
1,679
### 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: under Section 6(19) of the Act of 1959. 20. In the present case, the Deed of Settlement states that the...
M/s. Madhya Pradesh Industries Ltd Vs. M/s. Rai Bahadur Shriram Durga Prasad Ltd
can be hardly any doubt that the sellers did not comply with the terms of Cl. (5) of the agreement. Analysis both by M/s. Hughes and Davies and M/s. J. S. Williams was an essential part of the contract. In fact at the time of the arguments, we were told that M/s. Hughes and Davies were the nominees of the sellers and M...
0[ds]It is clear from the terms of the contract that the parties considered the quality of the ore to be supplied as one of the essential conditions of the contract. When M/s. J. S. Williams refused to analyse the samples, the sellers did not even call upon the buyers to nominate someone else in the place of M/s. J. S....
0
2,272
640
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: can be hardly any doubt that the sellers did not comply with the terms of Cl. (5) of the agreement. Analys...
Shyamalika Das Vs. General Manager, Gridco & Another
to be sustained by the plaintiff can be compensated in money value which is the cardinal principle prescribed under section 38 of the Specific Relief Act under which the suit for permanent injunction was filed. .... Keeping the above aspects of the case in view, it would have been apt for the court to find ways and mea...
1[ds]7. In this case, the decision of the High Court is neither in the exercise of its judicial power to decide the lis before it, nor as a consequence of the learned Single Judge acting as a facilitator (that is as a Conciliator or Mediator or Lok Adalat) enabling the parties to arrive at a settlement. Nor was any `ju...
1
1,584
285
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: to be sustained by the plaintiff can be compensated in money value which is the cardinal principle prescribed under section...
M. S. Venkitanarayana Iyer Vs. Collector of Central Excise, Madras
A. R. Sarkar, J.1. This is a petition under Article 32 of the Constitution for a writ quashing the order of the Collector of Customs confiscating certain gold and imposing a fine of Rs. 1, 00, 000/- on the petitioner.2. The facts may be shortly put. Upon information received that contraband gold was being carried by ce...
0[ds]It seems to us that the present case is governed by this decision and therefore the petition is not maintainable. The order challenged was made by the Collector of Customs, aauthority, in the undoubted exercise of his jurisdiction under the Sea Customs Act which is fully intra vires. Even Section 178A of the Act h...
0
954
356
### 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: A. R. Sarkar, J.1. This is a petition under Article 32 of the Constitution for a writ quashing the order o...
H.V. Nirmala & Another Vs. R. Sharmila & Another
wife died on 24.02.1989 and Ramaiah died on 26.11.1995. 7. On 11.10.1995, Umesh (defendant No.1) filed a civil suit being O.S. No.7266 of 1996 against Nirmala and Rakesh Babu. This suit was filed for partition of the properties owned by late Ramaiah Reddy. It was based on the Will dated 20.05.1995 said to have been exe...
0[ds]13. 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 High Court appears to be right in its reasoning and the conclusion16. Having examined, we are inclined to concur with the reasoning of the High Court and accordingly answe...
0
1,400
591
### 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: wife died on 24.02.1989 and Ramaiah died on 26.11.1995. 7. On 11.10.1995, Umesh (defendant No.1) file...
Smt. P. Grover Vs. State Of Haryana And Anr
CHINNAPPA REDDY, J. 1. Special leave granted. 2. Smt. P. Grover w as an outstanding teacher. In 1968-69, the Government of Haryana honoured her by presenting the State Award for teachers. She attained the age of superannuation on August 2s0, 1978. About two years before she attained the age of superannuation, she was p...
1[ds]We mentioned that she was promoted as an acting District Education officer with effect from July 19, 1976. The order of promotion contained ad condition that she would draw her own pay scale which apparently meant that she would continue to draw her salary on her pay scale prior to promotion. The initial order ext...
1
486
382
### 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: CHINNAPPA REDDY, J. 1. Special leave granted. 2. Smt. P. Grover w as an outstanding teacher. In 1968-...
NAWAL KISHORE SHARMA Vs. UNION OF INDIA AND ORS
and Disability Compensation. 11. As can be seen from above, 100% compensation is payable to a seaman under Clause 5.9. F (ii) in a situation where a seaman is found medically unfit for sea service, as a result of injury, while in employment. But it is not the case of either side that the appellant had suffered anyaccid...
0[ds]11. As can be seen from above, 100% compensation is payable to a seaman under Clause 5.9. F (ii) in a situation where a seaman is found medically unfit for sea service, as a result of injury, while in employment. But it is not the case of either side that the appellant had suffered anyaccidental injury in course o...
0
2,597
1,053
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: and Disability Compensation. 11. As can be seen from above, 100% compensation is payable to a seaman under C...
M/s. Nalanda Ceramic & Industries Ltd Vs. M/s. N.S. Choudhury & Co. (P) Ltd
CHANDRACHUD, J.1. On September 26, 1973 the appellants and respondents entered into an agreement at Ranchi under which the latter agreed to construct the appellants factory at Getaulsud, Ranchi. That contract contained a clause providing that if any dispute or differences arose out of or in connection with the contract...
0[ds]4. Two questions appear to have been argued before the Calcutta High Court in the petition filed by the appellants. The first of these can be disposed of with aanswer. That question relates to the jurisdiction of the Calcutta High Court to entertain the proceedings arising out of the filing of the award by the Arb...
0
752
377
### 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: CHANDRACHUD, J.1. On September 26, 1973 the appellants and respondents entered into an agreement at Ranchi under which the...
Brihanmumbai Mahanagarpalika Vs. Willingdon Sports Club
regulating the places for use of hotels, eating houses, tea or coffee shops and restaurants within the Municipal Borough and in Part I, which contains definitions, "catering establishment" has been defined as meaning any place used for the business of sale of any article of food or drink for consumption on the premises...
1[ds]25. In Balkrishna Karkera v. K.J. Mishra and another AIR 1979 (Bombay) 198, learned Single Judge interpreted Section 394(1)(e)(i) read with Section 471 of the Act andit is pertinent to note that although the expression "eating house" has been defined under the Bombay Municipal Corporation Act, the expression "cate...
1
8,792
313
### 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: regulating the places for use of hotels, eating houses, tea or coffee shops and restaurants within the ...
M/S. Zoraster And Co Vs. The Commissioner Of Income Tax, Delhi, Ajmer, Rajasthan A
Concessions Order applied to the assessee, a matter not touched by the Tribunal. Thus, though the result is the same so far as the assessment is concerned, the grounds of decision are entirely different...... ...... .... ...... .....Section 66 of the Income-tax Act which confers jurisdiction upon the High Court only pe...
0[ds]8. Jagdish Mills case, 1960-1 SCR 236 : (AIR 1959 SC 1160 ) and the New Jehangir Vakil Mills case 1960-1 SCR 249 : (AIR 1959 SC 1177 ) were decided by this Court on the same day. In the latter case, the Department had to deal with a non-resident Company which, at all material times, was situate at Bhavnagar, one...
0
3,923
1,140
### 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: Concessions Order applied to the assessee, a matter not touched by the Tribunal. Thus, though the result is the sa...
Ramesh Das (Dead) Thr.Lrs Vs. State of Madhya Pradesh & Ors
the Revenue entries were changed to that of the District Collector in view of the Administrative Order dated 12th April, 1974. According to the respondent¬State, the entry of the name of District Collector as Manager of the temple properties dated 12.04.1974 has been done pursuant to an order of the State Government in...
0[ds]Be that as it may, as rightly observed by the lower appellate court and the High Court, no document of title to acquire right and title over the land has been relied upon by the plaintiff. The evidence of Shri Hari Singh PW.2 is also to the said effect and has sought to assert that the people of the village go to ...
0
2,511
880
### 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 Revenue entries were changed to that of the District Collector in view of the Administrative Order dat...
Oriental Insurance Co.Ltd Vs. Sudhakaran K.V
rider, as the insurance policy was a statutory policy, and hence it did not cover the risk of death of or bodily injury to a gratuitous passenger." 13. The submission of Mrs. Bhat, learned counsel, however, is that this Court should not extend the said principle to the vehicles other than the goods carriage. As at pres...
1[ds]17. In a given case, the statutory liability of an insurance company, therefore, either may be nil or a sum lower than the amount specified under Section 140 of the Act. Thus, when a separate application is filed in terms of Section 140 of the Act, in terms of Section 168 thereof, an insurer has to be given a noti...
1
2,537
643
### 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: rider, as the insurance policy was a statutory policy, and hence it did not cover the risk of death of or ...
Ismail Papamia & Others Vs. Labour Appellate Tribunal of India & Another
this Court where it has been held that a prohibitory order, although brought into force at a particular point of time does not operate against a particular individual or institution unless the individual or institution has notice of that prohibitory order.What this class of cases lays down is that if an act was per se ...
0[ds]That argument of justice and convenience cannot be accepted by us because it is in total opposition to the real aim and object of the Legislature in enacting S. 7. Section 7 is clear and precise in its language and it brings the Standing Orders into operation on a particular date, and in this case the date isresul...
0
2,727
1,076
### 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: this Court where it has been held that a prohibitory order, although brought into force at a particular poi...
Bunna Prasad And Ors Vs. The State Of U.P. & Anr
Court disbelieved the explanation of the Panches given before it because no mention of these was made in the order sheet dated December 25, 1963. The High Court held :"There was no reasonable ground for the Panches to have doubted the averments made in the application and affidavit of Mahabir that the High Court had st...
1[ds]It is true that in certain cases proceedings can be adjourned to enable the parties to file better proof, but a judicial officer is not bound to do so and, if he bona fide does not in his discretion adjourn proceedings, it cannot be said that he has committed contempt of court. It must also be borne in mind that P...
1
2,731
187
### 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: Court disbelieved the explanation of the Panches given before it because no mention of these was made in t...
THE COMMISSIONER OF INCOME TAX CENTRAL-I, KANPUR Vs. SUBRATA ROY
1. Delay condoned. 2. Leave granted. 3. The challenge in the present Special Leave Petitions is against the common order dated 21st February, 2014 by which the High Court of Allahabad has recalled the final order dated 27th August, 2013 passed in Income Tax Appeal Nos. 59/2006, 57/2006, 58/2006, 60/2006, 61/2006 and 62...
1[ds]7. We have considered the aforesaid submissions. The question is one of availability of jurisdiction under Order XLI rule 21 of the CPC, namely, that the order passed in the appeal is an ex parte order. Not only the said order dated 27th August, 2013 is not an ex parte order as contemplated by the provisions of th...
1
876
169
### 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: 1. Delay condoned. 2. Leave granted. 3. The challenge in the present Special Leave Petitions is against...
Union Vs. Bennett Coleman and Company Employees'Bennett Coleman and Company
been treated as such for a very long time. That is why it has held that the industrial principle of "last come first go" has been observed by the respondent in discharging the workman in question. It is common ground that if the said principle has to be applied by reference to the machine-men employed in the National P...
0[ds]We do not think it would be possible for us to decide this large issue in the present appeal. There is no evidence on the record in regard to the terms and conditions of service prevailing in the National Printing Works and the other part of the establishment, and though it is true that there are some documents (E...
0
1,663
782
### 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: been treated as such for a very long time. That is why it has held that the industrial principle of "la...
Baranagore Jute Factory Plc. Mazdoor Sangh (Bms) Etc Vs. Baranagore Jute Factory Plc. Etc
the same in fixed deposit subject to further orders of the court". The Official Liquidator was of the view that ... "the money should be deposited with the Registrar, Original Side".19. After considering the submissions of the learned Counsel appearing for the parties, the learned Single Judge, formed the opinion that ...
1[ds]6. It may specifically be noted that the Division Bench has not interfered with the Rule issued to the respondents in the proceedings initiated under The Contempt of Courts Act, 1971 (hereinafter referred to as the Act) for the alleged violation of the order dated 23.02.2011. The Division Bench only vacated the or...
1
4,263
1,238
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the same in fixed deposit subject to further orders of the court". The Official Liquidator was of the view that ... "the mo...
Bihar Supply Syndicate Vs. Asiatic Navigation
by the sale, the interest conveyed .4 to the alienee was to enure during the life-time of the alienor.The conclusion was therefore inevitable that the property alienated reverted to the estate of the father at the point of the death and all persons who would, but for the alienation have taken the estate were entitled t...
0[ds]The policy remained a typical Marine Voyage Policy with Institute Cargo Clauses (FPA) and in the absence of loss due to perils of the sea, the Insurance Company was not liable. We are also in agreement with the view of the High Court that it was not a case of abandonment of the goods because of the perils of the s...
0
7,225
2,915
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: by the sale, the interest conveyed .4 to the alienee was to enure during the life-time of the ali...
SHANKAR Vs. THE STATE OF MAHARASHTRA
BANUMATHI, J.(1) Leave granted.(2) Being aggrieved by the conviction under Sections 436 and 323 I.P.C. read with Section 34 I.P.C. the appellants no.1 to 3 have preferred this appeal.(3) Appellant no.1-Shankar @ Shankar Harale and respondent no.2-Namdeo @ Namdeo Satwaji Harale (complainant) are the real brothers. Their...
1[ds](8) By a careful consideration of evidence of Dhondubai (PW-3) and Kanupatra (PW-4), it is seen that appellant no.2-Vivek who is said to have wordy quarrel and pelted stones on Dhondubai (PW-3). The overt act of setting fire to the house is not attributed to him by either of the witnesses. Equally we do not find a...
1
1,079
242
### 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: BANUMATHI, J.(1) Leave granted.(2) Being aggrieved by the conviction under Sections 436 and 323 I.P.C. read w...
S. Rama Iyer Vs. Sundarasa Ponnapoondar
its jurisdiction, we must examine the provisions of the Act.5. The Act came into force of September 27, 1955 and was amended from time to time. Originally, the Act was temporary, recently it has been made permanent. The Act was passed for the protection of certain cultivating tenants from eviction. Section 2 defines, i...
0[ds]6. The Act gives generous protection to cultivating tenants from eviction, and severely restricts the right of landlords to resume possession of their land from their cultivating tenants. In case of disputes between the landlord and the cultivating tenant, the Revenue Divisional Officer is authorised to entertain ...
0
1,972
692
### 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: its jurisdiction, we must examine the provisions of the Act.5. The Act came into force of September 27, 1955 and was amend...
Kirloskar Pneumatic Company Limited Vs. V.A. More & Others
be acceded to. The submission confuses the responsibility of a company and responsibility of a factory. The directors of the company are responsible for carrying out the management and business of the company, but the company may have several factories situated at various places. It is impossible to expect the director...
1[ds]6.The learned Government Pleader did not dispute that in view of the decision of the Supreme Court and catena of other decisions prior to the amendment, it was not incumbent on the company to nominate only a director as occupier under section 2(n) of the Factories Act. It was claimed that the amendments were carri...
1
3,693
1,865
### 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: be acceded to. The submission confuses the responsibility of a company and responsibility of a factory....
Gurmel Singh Vs. Branch Manager, National Insurance Co. Ltd
A FIR was immediately lodged in the Police Station Kumhari, which was registered as FIR No. 57/13. On the same day, the complainant also informed the insurance company as well as the Regional Transport Office (RTO) regarding the theft of the Truck. That after giving information regarding theft, the appellant submitted ...
0[ds]4. It is not in dispute that the vehicle belonging to the appellant was insured with the respondent – insurance company. It is also not in dispute that the same was valid for the period between 22.08.2012 to 21.08.2013. It is also not in dispute that the appellant herein paid a sum of Rs. 28,880/- to the responden...
0
1,226
623
### 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: A FIR was immediately lodged in the Police Station Kumhari, which was registered as FIR No. 57/13. On t...
Raghavendra Sharma Vs. State Of M.P
by the appellant on 22.5.1986 declared her dead.After the marriage of the deceased with the appellant on 2.6.1985, deceased came to her father-in-laws place at village Salkhani only 3-4 times and although appellant used -to go to meet his wife at village Parasia, but was not happy with the articles given at the time of...
0[ds]4. The evidence of PW 7 categorically ruled out the theory of accidental death as was projected by the accused PW 7 had committed the postmortem alongwith Dr. Kahare and stated that the cause of death was asphyxia as a result of suffocation. Dr. Chako in her evidence has stated that on 5.6.1986 she had received a ...
0
1,548
210
### 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: by the appellant on 22.5.1986 declared her dead.After the marriage of the deceased with the appellant on 2.6.1985, deceased...
DALBIR SINGH Vs. UNION OF INDIA
mark of retaliation. In that circumstance, it is contended that when in the attack carried out by the militants the colleague of the appellant late Gurmail Singh had died and there was no action from the appellant, it is a grave situation which warranted the action taken and the same does not call for interference. 6. ...
0[ds]6. In the above background, keeping in view the scope available in examining a matter of the present nature we have taken note of the nature of the consideration made by the Armed Forces Tribunal as the same was in a statutory appeal against the proceedings by the SGCM. In the matter of the present nature when the...
0
2,124
992
### 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: mark of retaliation. In that circumstance, it is contended that when in the attack carried out by the militants the colleagu...
SHANKAR LAL Vs. HINDUSTAN COPPER LTD. & ORS
recorded of the appellant in the service book was an act by mistake. This is a weak explanation in our opinion. Several subsequent steps were taken by the employer in relation to the appellants employment on the basis of the entry in his service book. The employer are the custodian of these records. They acted all alon...
0[ds]4. The appellant had joined the said organisation as a miner on completion of his one--month training in the temporary job. Communication to that effect was issued on 8th September 1971. We have already referred to different documents emanating from or maintained by the employer themselves where his date of birth ...
0
5,153
2,097
### 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: recorded of the appellant in the service book was an act by mistake. This is a weak explanation in our opinion. Se...
Commissioner Of Wealth Tax West Bengal Vs. Imperial Tobacco Co. Of India Ltd
Income-tax Appellate Tribunal Bombay v. B. P. Byramji and Co. 1946-14 ITR 174: (AIR 1946 Nag 188) where it was again emphasised that a mere change of opinion by the Income-tax Officer is no ground for taking action under S. 34.8. Further in Bhimraj Panalal v. Commissioner of Income-tax B and O,1957-32 ITR 289 : (AIR 19...
1[ds]13. It does appeal that some High Courts at any rate are taking the view that a change of opinion by the Income-tax Officer in certain circumstance will be sufficient for the purpose of S. 34 (1) (b) and will justify the issue of a notice thereunder. It may be added that after the decision of this Court in Kamal S...
1
2,639
462
### 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: Income-tax Appellate Tribunal Bombay v. B. P. Byramji and Co. 1946-14 ITR 174: (AIR 1946 Nag 188) where it wa...
Rajkumari and Anr Vs. S.H.O., Noida and Ors
to the police personnel of the concerned police station to arrest the leaders of the workers who had resorted to violence. According to the respondents, the investigation done by them showed that petitioner no.1 Rajkumari was leading a mob of workers and had incited them and as a result whereof, they caused injuries to...
0[ds]14. In the affidavits filed by the respondents, it is averred that the name plate showing their name and designation was affixed on the uniform of all the police personnel; that it was a lady Constable Saroj Sharma, who had formally arrested petitioner no.1; that the grounds of arrest were disclosed not only to he...
0
3,813
643
### 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: to the police personnel of the concerned police station to arrest the leaders of the workers who ...
Commssioner Of Income Tax, West Bengal Vs. Kamal Behari Lal Singha Etc
these appeals the dispute centres round the taxability of that share of the dividend which has been paid out of the capital gains in the lands of the company. The Income -tax Officer came to the conclusion that no, dividend distributed can be considered as having been paid out of the "capital gains" of the company; the...
0[ds]4. It is now well settled that in order to find out whether a receipt is a capital receipt or a Revenue receipt one has to see what it is in the hands of the receiver and not its nature in the hands of the payer. In other words, the nature of receipt is determined entirely by its character in the hands of the rece...
0
1,541
687
### 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: these appeals the dispute centres round the taxability of that share of the dividend which has been paid out...
PR. COMMISSIONER OF INCOME TAX 3 NAGPUR Vs. BALLARPUR INDUSTRIES LTD
of manufacturing of various kinds of papers. The dispute in this appeal relates to the assessment year 1993-94. 6. The question arose in the assessment year in question before the Assessing Officer (AO) as to what is the true nature of payment of Rs.3.25 crores made by the respondent-Company(assessee) to one Mr. G.R.Ha...
1[ds]17. 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 order as well as the order of the Tribunal and remand the case to the Tribunal to decide the appeal filed by the respondent-Company(assessee) afresh on merits i...
1
1,306
416
### 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 manufacturing of various kinds of papers. The dispute in this appeal relates to the assessment year 1993-...
M/S. B. HIMMATLAL AGRAWAL PARTNER Vs. COMPETITION COMMISSION OF INDIA and Others
the order aforesaid dated 4 th December, 2017, both the IA No.84/2017 and Competition Appeal (AT) No. 24/2017 stands disposed off for non-compliance of the Appellate Tribunal.? 5. A pure legal submission which is advanced by the learned counsel for the appellant is that even if the appellant could not comply with order...
1[ds]5. A pure legal submission which is advanced by the learned counsel for the appellant is that even if the appellant could not comply with orders dated December 4, 2017 vide which conditional stay was granted directing the appellant to deposit 10% of the penalty amount, the maximum effect thereof was to vacate the ...
1
1,995
578
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the order aforesaid dated 4 th December, 2017, both the IA No.84/2017 and Competition Appeal (AT) No....
Colour-Chem Limited Vs. A.L. Alaspurkar & Ors
note that so far as 10 mazdoors were concerned they were let off for this very misconduct by mere warning while the respondents were dismissed from service. It is, of course, true that the respondents were assigned more responsible duty as compared to mazdoors, but in the background of surrounding circumstances and esp...
0[ds]8. For resolving the controversy centering round this point it is necessary to have a look at the relevant stutory provisions of the Act. The Act was passed by the Maharashtra Legislature in 1971 as Act No. 1 of 1972. Amongst its diverse objects and reasons one of the reasons for enacting the said Act was for defi...
0
6,812
2,792
### 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: note that so far as 10 mazdoors were concerned they were let off for this very misconduct by mere warning while the respond...
Naruthappan Chettiar Vs. Veeramany Chettiar and Others
SHAH, J. 1. On May 13, 1936, Arumugam Chettiar and his five sons Madurayyan, Sivathanu, Subbayyan, Sankaran and Bhagavathy executed a deed of partition of the property belonging to their joint family. In the last paragraph of the deed it was provided that Madurayyan, Sivathanu, Subbayyan and Bhagavathy "shall effect al...
0[ds]2. We are unable to agree with the High Court that the covenant in the deed of partition was binding only between the parties thereto. But we agree with the High Court that the covenant was vague and unenforceable. The conenant, it may be recalled, provided that Madurayyan, Sivathanu, Suibbayyan and Bhagavathy, "s...
0
565
255
### 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: SHAH, J. 1. On May 13, 1936, Arumugam Chettiar and his five sons Madurayyan, Sivathanu, Subbayyan, Sankaran ...
General Family Pension Fund Vs. The Commissioner Of Income-Tax,West Bengal
the order of the Tribunal, but all the same expressed their opinion thereon in the following terms"Its business is wholly a business of granting annuities on human life, and no part of its business is ordinary life insurance business."8. As we are not concerned with this matter in this appeal, there is no need to furth...
1[ds]What is referred to in this passage is only a statement of the Departmental Representative and not a finding. On the other hand, the whole tenor of the judgment of the Tribunal is that there had been no determination of the profits under Rule 2(a) by reason of the erroneous view taken by the Income-tax Officer as ...
1
2,485
248
### 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 order of the Tribunal, but all the same expressed their opinion thereon in the following terms"Its business is wholly ...
Khet Singh Vs. Union Of India
Captive Power Plant-II and steam generating capacity of 660 MThour at the Bokaro Steel Plant.(b) Oxygen Plant-2 of Bhilai Steel Plant.(c) Salem Steel Plant (SSP), Salem.(d) Ally Steel Plant [ASP, Durgapur.(e) Visvesvaraya Iron and Steel Limited (VISL), Bhadrawati.(f) Fertilizer Plant at Rourkela.5. Conversion of IISCO ...
1[ds]7. As seen above, SDF was created by notification issued under clause 17(B) of the Control Order. Main steel plants form the primary units of the Joint Plant committee. It were only the member steel plants or the main steel plants who were subjected to add an element of theirand remit the same towards the SDF. SAI...
1
3,872
903
### 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: Captive Power Plant-II and steam generating capacity of 660 MThour at the Bokaro Steel Plant.(b) ...
Sri Ranga Nilayam Rama Krishna Rao Vs. Kandokori Chellayamma Alias Mangamma And Another
to run from the date when the original court of execution confirms the sale. But, as was pointed out by the Privy Council, the High Court as an appellate court had the same powers as the trial court and it is only when the appea1 was dismissed by the High Court that the order of the trial court confirming the sale beca...
1[ds]5. If this conclusion is correct, it must follow as a matter of logic that the decree was completely satisfied on the date of the sale, because the sale fetched a larger amount than what was payable under the decree and the excess amount was deposited by the decree-holder in court. The sale and satisfaction must g...
1
4,628
816
### 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: to run from the date when the original court of execution confirms the sale. But, as was pointed out ...
Subhash Chander Katyal Vs. Union of India & Others
1. Heard Dr. Balram Singh, along with Mr. Ajay Kumar Talesara, learned counsel for the petitioner.2. In the present writ petition preferred under Article 32 of the Constitution of India, the petitioner has prayed for issuance of a writ of mandamus and appropriate directions commanding the respondents, namely, the Union...
0[ds]3. Without entering into the merits, suffice it to say that what shall be taught in the schools or what shall be included in the syllabus of all classes cannot be directed by this Court in exercise of power of judicial review and also in exercise of power relating to entertaining public interest litigation where r...
0
367
195
### 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: 1. Heard Dr. Balram Singh, along with Mr. Ajay Kumar Talesara, learned counsel for the petitioner.2. In th...
Kamrunnissa Vs. Union of India
petitioner, have arrived at a conclusion, that the petitioner could not establish that her deceased husband, Gafoor Sab, had purchased a ticket, and was in the process of boarding the train at Devanagere railway station, when the accident had taken place. 5. Learned counsel for the petitioner vehemently contended, that...
0[ds]6. We have considered the contentions advanced at the hands of the rival parties. We are of the view, that the issue in hand can be determined on the basis of paragraphs 7 & 8 of the inquest report, submitted by the Assistant Commissioner, Railway Police Station,perusal of the aforesaid report reveals, that the bo...
0
1,251
417
### 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: petitioner, have arrived at a conclusion, that the petitioner could not establish that her deceased husband, Gafoor Sab, ha...
TUKARAM S/O SADASHIV CHAUDHARI Vs. THE EXECUTIVE ENGINEER, MAHARASHTRA STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ANR
held that though the appellant had applied for an electricity connection in 1996, he did not submit a test report. The SCDRC held that at the highest, the respondent could be held liable for a deficiency in service as the electricity connection was not given even after 2007. Yet the appeal was allowed and the complaint...
1[ds]12. The facts as they emerge from the record indicate that the appellant had initially applied for an electricity connection in December 1996. The appellant, however, submitted a test report, which is a requirement for obtaining such a connection, only in March 2005. Hence, the respondent cannot be faulted for the...
1
1,733
281
### 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: held that though the appellant had applied for an electricity connection in 1996, he did not submit a test re...
Om Prakash Gupta Vs. The State Of Uttar Pradesh
added contractual term that the rules are to be observed is at once too artificial and too far-reaching to commend itself for acceptance. The rules are manifold in number and most minute in particularity, and are all capable of change......................... ..................... .....Inconvenience is not a final cons...
1[ds]6.It may be stated at once that in view of the decision of this Court inState of Bihar v. Abdul Majid, AIR 1954 SC 245 (A) there can be no question now that the appellant had the right to institute a suit for recovery of arrears of salary as he was dismissed illegally.It is unnecessary, therefore, to refer to th...
1
3,428
1,232
### 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: added contractual term that the rules are to be observed is at once too artificial and too far-reaching to commend itself...
Ajmer Singh Cotton and General Mills Vs. Branch Manager, United India Insurance Company Limited
The State Commission accepted the plea of the insurance companies and relying upon the order passed by this Commission in (Jiyajeerao Cotton Mills Ltd. v. New India Assurance Co. Ltd.) (1992) I. C. P. J. 292 (N. C.), declined to exercise its jurisdiction and dismissed the complaint with the observation that whatever ha...
1[ds]( 8 ) WE are of the opinion that after the report of surveyor had been received, the insurance companies should not have taken such a long time in ascertaining if the policies had beenor in scrutinising the materials. The insurance companies should have realised that the firm carries on its business after borrowin...
1
1,814
426
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: The State Commission accepted the plea of the insurance companies and relying upon the order passed by this Commi...
I.P. Holding Asia Singapore P. Ltd. & Another Vs. Securities & Exchange Board of India
of the shares was not in conformity with Regulation 20(5) of the Takeover Code. (5) Where the shares of the target company are infrequently traded, the offer price shall be determined by the acquirer and the merchant banker taking into account the following factors:(a) the negotiated price under the agreement referred ...
1[ds]21. In our view, the Tribunal has made two fundamental errors. In the first place, the Tribunal committed a jurisdictional error by misunderstanding the scope of Regulation 20(8) of the Takeover Code.According to SEBI, Yogesh Bangur and Ms. Surbhi Bangur had no "experience/expertise in the area of operation of the...
1
6,611
1,488
### 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: of the shares was not in conformity with Regulation 20(5) of the Takeover Code. (5) Where the shares of the target compan...
Sheodhan Singh Vs. Mohan Lal Gautam
refers to printing of pamphlets like Exh. 7. Such an inference would be a far-fetched one. According to the respondent D-23 relates to pamphlets similar to Exhs. A-154 and A-155. The High Court has not accepted that contention. The basis on which the High Court rejected that contention does not appear to us to be corre...
0[ds]5. We are unable to accept the contention of Mr. Veda Vyasa, learned Counsel for the respondent that the petition must be held to have become infructuous in view of the dissolution of the assembly. In this proceeding we are considering the validity of the election of the respondent and not whether he is continuing...
0
3,307
1,047
### 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: refers to printing of pamphlets like Exh. 7. Such an inference would be a far-fetched one. According to...
Commissioner Income-Tax, U.P Vs. Kunwar Trivikram Narain Singh
by this Court in Kameshwar Singh v. Commr of Income-Tax, B and O, (1961) 41 ITR 169 : (AIR 1961 SC 362 ) and the Court again looked to the source of the right in order to determine whether income was agricultural income or not. Shah, J., observed:"The appellant has no beneficial interest in the lands which are the subj...
1[ds]13. It follows from the decisions of the Privy Council and the judgments of this Court cited above that if it is held in this case that the source of the allowance or pension is the arrangement arrived at in 1837, then the income cannot be held to be derived from land within the meaning of the definition in S. 2(1...
1
3,004
766
### Instruction: Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation. ### Input: by this Court in Kameshwar Singh v. Commr of Income-Tax, B and O, (1961) 41 ITR 169 : (AIR 1961 SC 362 ) and...
ANUJ JAIN INTERIM RESOLUTION PROFESSIONAL FOR JAYPEE INFRATECH LIMITED Vs. AXIS BANK LIMITED ETC
surety for giving guarantee as provided under Section 127 of the Contract Act. When the creditor abstained from enforcing the claim against the principal debtor because of such promise to create mortgage by the defendant, such forbearance was held to be sufficient and valid consideration. It is difficult to stretch the...
1[ds]consequences of offending preferential transaction are, obviously, drastic and practically operate towards annulling the effect of such transaction. Looking to the contents, context and consequences, we are at one with the contentions urged on behalf of the respondents with reference to the decisions in Devinder S...
1
54,312
11,598
### 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: surety for giving guarantee as provided under Section 127 of the Contract Act. When the creditor abstained from enforcing ...
PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL) 1 Vs. NRA IRON AND STEEL PVT. LTD. THROUGH DIRECTOR
which he had with the creditors, his burden stands discharged and the burden then shifts to the revenue to show that though covered by cheques, the amounts in question, actually belonged to, or was owned by the assessee himself (emphasis supplied) vi. In a recent judgment the Delhi High Court CIT v. N.R. Portfolio (P.)...
0[ds]8.2. As per settled law, the initial onus is on the Assessee to establish by cogent evidence the genuineness of the transaction, and credit-worthiness of the investors under Section 68 of the ActThis Court in the land mark case of Kale Khan Mohammad Hanif v. CIT [1963] 50 ITR 1 (SC) and, Roshan Di Hatti v. CIT [19...
0
4,445
1,183
### 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: which he had with the creditors, his burden stands discharged and the burden then shifts to the revenue to show that though ...
Macquarie Bank Ltd Vs. Shilpi Cable Technologies Ltd
sent on behalf of an operational creditor by a lawyer would be in order. 37. However, Dr. Singhvi referred to Rule 4 of the Debts Recovery Rules and Section 434(2) of the Companies Act, 1956, which state as follows: "4. Procedure for filing applications.-(1) The application under section 19 or section 31A, or under sec...
1[ds]11. The first thing to be noticed on a conjoint reading of Sections 8 and 9 of the Code, as explained in Mobilox Innovations Private Limited v. Kirusa Software Private Limited, Civil Appeal No. 9405 of 2017 decided on 21.9.2017, at paragraphs 33 to 36, is that Section 9(1) contains the conditions precedent for tri...
1
17,572
2,675
### 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: sent on behalf of an operational creditor by a lawyer would be in order. 37. However, Dr. Singhvi referred ...
Delhi Development Authority Vs. Islamuddin
Kurian, J.1. Leave granted.2. The appellant - Delhi Development Authority is aggrieved by the Judgment dated 22.12.2014 passed by the High Court of Delhi, whereby the High Court declared that the acquisition proceedings in question have lapsed on account of operation of Section 24(2) of the Right to Fair Compensation a...
1[ds]7. In the instant case, the property is situated in Delhi and the contention of the appellant on locus standi is based on the alleged void transfer after initiation of the land acquisition proceedings. Such transfers would be void in Delhi only in case the same is made after the declaration under Section 6(1). In ...
1
991
356
### 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: Kurian, J.1. Leave granted.2. The appellant - Delhi Development Authority is aggrieved by the Judgment dated 22.1...
HIRABAI (D) THR. LRS. Vs. RAMNIWAS BANSILAL LAKHOTIYA(D)BYLRS.&ORS
the suit property. 12. During pendency of the civil suit, wife, sons and daughters of defendant No.3/respondent No.3 also joined the civil suit, either as plaintiffs or as defendants, some since inception and others at a later stage. Defendant No.3, his wife, sons and daughters supported the plaintiffs case. 13. The su...
0[ds]19. In our view, all the three Courts (Civil Judge, first Appellate Court and the High Court) were right in their reasoning and the conclusion on all the factual and legal issues raised by defendant Nos.1 and 2 and we find no good ground to differ with their reasoning and the conclusion20. First, the findings impu...
0
1,694
597
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the suit property. 12. During pendency of the civil suit, wife, sons and daughters of defendant No.3/respondent No...
Shaikh Kaisar & Others Vs. Forbes Gokak Limited & Others
joinder, mis-joinder and non-joinder as applicable to those types of litigations are not necessarily applicable to a writ petition. However, a common writ petition by several petitioners or a common writ petition against several respondents may not be maintainable or rather may not be desirable when there are different...
1[ds]On going through the observations as borrowed from various judicial pronouncements by the learned Single Judge, in the matter of Management, E.I.D. Parry India Ltd. (supra) and the observations of the Honble Supreme Court relied upon by learned advocate Shri Singh, it can be seen that the writ petition cannot be t...
1
2,113
936
### 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: joinder, mis-joinder and non-joinder as applicable to those types of litigations are not necessarily applica...
Lanyard Foods Limited Vs. China Shipping Development Company Limited
only an additional ground available to the creditor who has obtained a decree against the company. Clause (b) of section 434(1) does not prevent the decree holder creditor to resort to a deeming provision of clause (a) thereof. In support of his submissions, learned counsel for the respondent referred to and relied upo...
0[ds]8. In our view, in the facts and circumstances of the case in hand, it is not necessary to consider whether a creditor whose claim has culminated into a decree and who has become a decree holder is entitled to file a petition for winding up under clause (a) of(1) of section 434 on failure of the company to pay the...
0
3,043
718
### 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: only an additional ground available to the creditor who has obtained a decree against the company. Clause (b) of section 4...
State Of U.P Vs. Ravindra Kumar Sharma
Singh v. Savitri Devi (2003) 8 SCC 319 it was held thus: “15. x x x Fraud as is well known vitiates every solemn act. Fraud and justice never dwell together.16. Fraud is a conduct either by letter or words, which induces the other person or authority to take a definite determinative stand as a response to the conduct o...
0[ds]10. The Division Bench of the High Court has ignored and overlooked the material fact that verification has already been done by the Medical Board and it has been found that certificates of 21% were fraudulently obtained. The High Court has issued a direction in the impugned order for physical verification of the ...
0
2,051
254
### 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: Singh v. Savitri Devi (2003) 8 SCC 319 it was held thus: “15. x x x Fraud as is well known vitiates every solemn act. Fraud...
MRS. SHAKUNTALA SAWHNEY Vs. MRS. KAUSHALYA SAWHNEY AND OTHERS
specific point of claim by stepsons and step-daughters to inherit to the estate of a deceased female has escaped Parliaments attention while fashioning the legislation. This is not surprising when we appreciate the push and pressure, hurry and worry of law-making modalities. In such a situation, when a sharp conflict h...
1[ds]The text and the context and the application of traditional rules of statutory interpretation leave the position in an unsatisfactory dilemma of dual import. Even an equitable approach may not necessarily help reach a just solution, because equity shifts as the situation varies, as illustrations presented to us co...
1
1,625
1,273
### 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: specific point of claim by stepsons and step-daughters to inherit to the estate of a deceased female has escaped Parliamen...
All Cargo Movers(I) Pvt.Ltd Vs. Dhanesh Badarmal Jain
or that the criminal proceedings were a gross abuse of the process of law, instead, it appears from the record that hearing of the present petition is unduly delayed after grant of ex-parte interim relief on 1.9.1998. Therefore, petition is dismissed, Rule is discharged and interim relief is vacated with no order as to...
1[ds]We are of the opinion that the allegations made in the complaint petition, even if given face value and taken to be correct in its entirety, do not disclose an offence. For the said purpose, This Court may not only take into consideration the admitted facts but it is also permissible to look into the pleadings of ...
1
2,947
274
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: or that the criminal proceedings were a gross abuse of the process of law, instead, it appears from the rec...
Mewar Sugar Mills Ltd., Bhopal Sagar Vs. Commissioner Of Income-Tax, Rajasthan, Jaipur
the Act", The passage extracted above shows a confusion of the principles applicable for determining what is an expenditure of a capital nature and that which is a revenue expenditure. This Court in a recent decision in R. B. Seth Moolchand Suganchand v. C. I. T. Delhi, Civ. Appeal No. 2020 of 19725 D/- 19-9-1972 (SC) ...
1[ds]The determining factor, therefore, will depend largely on the nature of the trade in which the asset is employed and the quality of the payment therefore. It appears to us that on the facts of each case it will have to be determined whether a particular expenditure is a capital expenditure or a revenue expenditure...
1
2,975
764
### 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 Act", The passage extracted above shows a confusion of the principles applicable for determining what ...
Harbans Lal & Ors Vs. State Of Himachal Pradesh & Ors
be allowed. 8. Meva Ram Kanojia ((1989) 2 SCC 235 ), is the most recent decision which has exhaustively dealt with all the principles bearing on the question of equal pay for equal work in the light of all the previous decisions of this Court. There the petitioner was a "Hearing Therapist" in the All India Institute of...
0[ds]The principles was incorporated only under Article 39(d) of the Constitution as a Directive Principle of State Policy. Perhaps, for the first time, this Court in Randhir Singh v. Union of India has innovated that it is a constitutional goal capable of being achieved through constitutional remedies. There the court...
0
2,460
1,826
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: be allowed. 8. Meva Ram Kanojia ((1989) 2 SCC 235 ), is the most recent decision which has exhaustively dealt with all the p...
Coal India Ltd. Vs. Saroj Kumar Mishra
vigilance enquiry should affect the promotion, confirmation et. Of an employee of CIL and its subsidiaries has not been clearly defined in the above. Quoted office memorandum. Vigilance inquiries take considerable time to complete and in absence of a clear indication regarding the point at which such inquiries should a...
0[ds]19. It is surprising that although the appellant is a `State within the meaning of Article 12 of the Constitution of India, it failed even to be fair to this Court inasmuch as the subsequent office memorandum dated 8.1.1981 and/or 14.5.2002 were not brought to its notice. Had the subsequent office memorandums and ...
0
2,722
435
### 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: vigilance enquiry should affect the promotion, confirmation et. Of an employee of CIL and its subsidiaries has not been clea...
BABU RAM Vs. SANTOKH SINGH (DECEASED) THROUGH HIS LRS
21 of List II and Entry 7 of List III make the position very clear. The present Entry 5 of List III shows ?succession? in its fullest sense to be a topic in the Concurrent List. The concept of succession will take within its fold testamentary as well as intestate succession. The idea is, therefore, clear that when it c...
0[ds]11. The decisions rendered by various High Courts show the divergent views in the matter. Some High Courts have held that the provisions of Section 22 of the Act would apply to agricultural lands and in the process have followed the reasoning that weighed with the Orissa High Court in Laxmi Debi AIR 1957 Orissa 1 ...
0
5,494
1,575
### 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: 21 of List II and Entry 7 of List III make the position very clear. The present Entry 5 of List III shows ?succession? in ...
Helios & Matheson Inform.Tech.Ltd.&Ors Vs. Rajeev Sawhney & Anr
documents referred to in Sections 239 and 240 of the Cr.P.C and that the Court could not quash the charges on the basis of documents which the accused may produce except in exceptional cases where the documents are of unimpeachable character and can be legally translated into evidence. The following passage is, in this...
0[ds]The fact that the complaint previously filed had been quashed by the High Court on account of filing of a comprehensive complaint out of which these proceedings arise is, in our opinion, a complete answer to the charge of suppression. As on the date the Additional Chief Metropolitan Magistrate, Mumbai, took cogniz...
0
2,939
172
### 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: documents referred to in Sections 239 and 240 of the Cr.P.C and that the Court could not quash the charges on the basis of...
Msr Leathers Vs. S. Palaniappan
observed: It is a recognised rule of interpretation of statutes that expressions used therein should ordinarily be understood in a sense in which they best harmonise with the object of the statute, and which effectuate the object of the Legislature. If an expression is susceptible of a narrow or technical meaning, as w...
1[ds]16. With utmost respect to the Judges who decided Sadanandan Bhadrans case (supra) we regret our inability to fall in line with the above line of reasoning to hold that while a cheque is presented afresh the right to prosecute the drawer, if the cheque is dishonoured, is forfeited only because the previous dishono...
1
7,247
1,440
### 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: observed: It is a recognised rule of interpretation of statutes that expressions used therein should ordinar...
Krishan Lal Vs. Food Corpn. Of India
suffered or incurred by the corporation due the contractors negligence or unworkment like performance of any of the services under the contract. XI (f) In the event of termination of the contract envisaged in clause X, of the Senior Regional Manager shall have the rights of forfeit the entire or part of the amount of s...
1[ds]11. It is true that there was an arbitration clause in the agreement executed between the parties. It is equally true that, keeping in view the nature of the controversy, any claim for refund of the amount deposited by the appellant could be and ought to have been raised before the Arbitrator under the said arbitr...
1
2,739
538
### 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: suffered or incurred by the corporation due the contractors negligence or unworkment like performance...
State Of Kerala Vs. M/S Kerala Rare Earth & Minerals Limited
royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would have been payable under this Act if such prospecting or mining operations had been undertaken by a private person under prospecting licence or mining lease." 14. There is no gainsaying that the State Government ...
0[ds]while the State Government is the owner of the mineral deposits in the lands which vest in the Government as is the position in the case at hand, the Parliament has by reason of the declaration made in Section 2 of the 1957 Act acquired complete dominion over the legislative field covered by the said legislation. ...
0
4,922
324
### 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: royalty, surface rent or dead rent, as the case may be, from time to time at the same rate at which it would...
M/S.Northern Coalfields Ltd Vs. Heavy Engineering Corp.Ltd.
Court entitled to institute the proceedings to save limitation. The High Court has, all the same, rejected the plaint on the ground that permission from COD was not obtained. In doing so the High Court obviously understood the direction of this Court to mean as though absence of such permission was a fatal defect which...
1[ds]Remedies which are available to the Government on the administrative side cannot substitute remedies that are available to a losing party according to the law of the land. The appellant has lost before the arbitrators in terms of the Permanent Machinery of Arbitration and is stoutly disputing its liability on seve...
1
7,168
315
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: Court entitled to institute the proceedings to save limitation. The High Court has, all the same, rej...
THE STATE OF BIHAR & ORS Vs. ARBIND JEE
field of service law would advise us that retrospective seniority cannot be claimed from a date when an employee is not even borne in service. It is also necessary to bear in mind that retrospective seniority unless directed by court or expressly provided by the applicable Rules, should not be allowed, as in so doing, ...
1[ds]9. In the previous round before this Court, the respondent was concerned about securing appointment as Adhinayak Lipik and direction was issued to appoint him, specifying the time limit of one month. But there was no direction for allowing retrospective benefit to the appointee. In such circumstances, the High Cou...
1
2,000
921
### 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: field of service law would advise us that retrospective seniority cannot be claimed from a date when an emplo...
Utkal Contractors & Joinery Private Limited &Ors. Etc Vs. State Of Orissa & Ors
deals with sale of forest produce by the State Government is Section 12 and that again is confined to the sale of specified forest produce purchased by the State Government, its officers or agents. Thus, Section 4, Section 5(1)(b), Section 5(3), Section 7, Section 8, Section 9, Section 10 and Section 12, all deal with ...
1[ds]15. At the outset, we notice that grower of forest produce is defined to include the State Government but on an examination of the remaining provisions of the Act we find that the expression grower of forest produce is not found in any other provision except Section 5(2)(a) and Section 10. Section 5(2)(a) provides...
1
6,066
1,427
### 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: deals with sale of forest produce by the State Government is Section 12 and that again is confined to the sale of ...
Syed Yakoob Vs. K.S. Radhakrishnan & Others
that this is an implied finding against the first respondent, but the complaint of the first respondent. is that it is made in utter disregard of his claim. So too, the Appellate Tribunal observed in its order disposing of the 18 appeals before it that the first respondent, who had secured the highest number of marks, ...
1[ds]In our opinion, it is neither possible nor desirable to attempt either to define or to describe adequately all cases of errors which can be appropriately described as errors of law apparent on the face of the record. Whether or not an impugned error is an error of law and an error of law which is apparent on the f...
1
7,669
1,103
### 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: that this is an implied finding against the first respondent, but the complaint of the first responde...